The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of
Allegiance led by House page Torrey Anson.
Roll Call: All members present except Reps. Bartels, Olson, and Kent Peterson 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-ninth 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 13, 2019, I approved House Bill 1032, and
the same has been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 18, 2019, I approved House Bills 1050, 1053,
1103, 1202, and 1272, and the same have been deposited in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 20, 2019, I approved House Bills 1022, 1034,
1035, 1046, 1055, 1087, 1090, 1110, 1177, 1190, and 1193, and the same have been deposited
in the office of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 21, 2019, I approved House Bills 1093, 1094,
1111, 1146, 1155, 1180, 1259, 1261, and 1264, and the same have been deposited in the office
of the Secretary of State.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 27, 2019, I approved House Bills 1084, 1099,
1187, 1189, 1201, 1204, 1209, 1216, 1219, 1254, and 1256, and the same have been deposited
in the office of the Secretary of State.
Dear Mr. Speaker Haugaard and Members of the House:
I respectfully return House Bill 1186 with the following recommendation as to STYLE and
FORM. House Bill 1186 is An Act to repeal the termination of the juvenile detention
cost-sharing fund.
The 2015 Juvenile Justice Public Safety Improvement Act created the juvenile justice
detention cost-sharing fund to assist counties with increased costs due to increased juvenile
detention expenses paid by counties. At that time, the Legislature added a sunset which would
repeal the fund, and its related sections, on June 30, 2019, and any remaining moneys in the
fund would be transferred to the general fund. During this legislative session, House Bill 1186
was amended to prevent this repeal. Throughout the legislative debate, it was understood that
this bill would allow the fund to remain in place by repealing the sunset provision. This is how
the bill was proposed and how it was explained throughout the legislative process, and General
Appropriations Act for Fiscal Year 2020 that the Legislature passed left the funding in place to
continue the cost-sharing fund.
On Page 1, after Section 1, insert "Section 2. This Act is effective on June 28, 2019."
This clarification will allow the juvenile justice detention cost-sharing fund, and its related
sections codified at SDCL §§ 26-8D-21 through 24, to remain in law without an expiration date,
as was intended by House Bill 1186. Because June 28, 2019 is ninety days from the final day
of the legislative session, this effective date would not require an emergency clause.
I respectfully request you concur with my recommendation as to STYLE and FORM.
The House proceeded to the consideration of the recommendation of the Governor as to
change of style and form of HB 1186 as found on page 562 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 HB 1186 be approved?"
And the roll being called:
Yeas 48, Nays 19, Excused 3, Absent 0
Yeas:
Anderson; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Deutsch; Diedrich; Duvall;
Finck; Glanzer; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin);
Johns; Johnson (David); Karr; Koth; Lake; McCleerey; Mills; Milstead; Miskimins; Otten
(Herman); Perry; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba;
Schoenfish; Smith (Jamie); St John; Steele; Wiese; Willadsen; York; Zikmund; Haugaard
Nays:
Brunner; Cwach; Dennert; Duba; Frye-Mueller; Goodwin; Gosch; Howard; Johnson (Chris);
Latterell; Lesmeister; Livermont; Marty; Mulally; Peterson (Sue); Pischke; Randolph; Sullivan;
Weis
Excused:
Bartels; Olson; Peterson (Kent)
Rep. Qualm moved that the report of the Committee on Legislative Procedure relative to
the Joint Rules for the Ninety-fifth Legislative Session as found on pages 737-742 of the House
Journal be adopted.
Rep. Chase moved as a substitute motion to not adopt the Joint Rules.
Rep. Chase rescinded his motion, and voiced objection to the calendar.
The question being on Rep. Qualm's motion that the report of the Committee on Legislative
Procedure relative to the Joint Rules for the Ninety-fifth Legislative Session as found on pages
737-742 of the House Journal be adopted.
And the roll being called:
Yeas 49, Nays 18, Excused 3, Absent 0
Yeas:
Anderson; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Deutsch; Diedrich;
Duba; Duvall; Glanzer; Greenfield (Lana); Gross; Hammock; Healy; Hunhoff; Jensen (Kevin);
Johns; Johnson (Chris); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; McCleerey;
Milstead; Miskimins; Perry; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring;
Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Wiese; Willadsen; York; Zikmund;
Haugaard
Nays:
Chase; Dennert; Finck; Frye-Mueller; Goodwin; Gosch; Hansen; Howard; Johnson (David);
Marty; Mills; Mulally; Otten (Herman); Peterson (Sue); Pischke; Post; Sullivan; Weis
Excused:
Bartels; Olson; Peterson (Kent)
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. 7 - Messages from
the Senate.
I have the honor to inform your honorable body that the Senate has approved SB 176 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 734 of the Senate Journal.
We hereby request your favorable consideration in approving the recommendation of the
Governor as to style and form on SB 176.
Rep. Qualm moved that the House do now recess until 1:00 p.m., which motion prevailed
and at 12:14 p.m., the House recessed.
The House reconvened at 4:16 p.m., the Speaker presiding.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Committee on Legislative Procedures relative to the Joint Rules for the two houses for the
Ninety-fifth Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has approved HB 1186 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 Committee on Legislative Procedure respectfully reports that the House and Senate
have, pursuant to the recommendation of the Governor as to corrections in style and form of
HB 1186, approved the recommendation and that the Office of Enrolling and Engrossing has
engrossed the changes and has returned the same to her Excellency, the Governor at 2:30 p.m.,
March 29, 2019.
There being no objection, the House proceeded to Order of Business No. 9 - Consideration
of Executive Vetoes.
The House proceeded to the consideration of the recommendation of the Governor as to
change of style and form of SB 176 as found on page 743 of the House 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 176 be approved?"
Rep. Beal moved to call the question.
Which motion prevailed.
And the roll being called:
Yeas 41, Nays 25, Excused 4, Absent 0
Nays:
Brunner; Cwach; Dennert; Duba; Gosch; Gross; Healy; Howard; Latterell; Lesmeister;
Livermont; Marty; McCleerey; Mulally; Peterson (Sue); Pischke; Pourier; Randolph;
Rasmussen; Ring; Smith (Jamie); Sullivan; Weis; Wiese; Haugaard
Excused:
Bartels; Frye-Mueller; Olson; Peterson (Kent)
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.
There being no objection, the House reverted to Order of Business No. 4 - Communications
and Petitions.
The Committee on Legislative Procedure respectfully reports that the Governor has been
notified that the Legislature has completed its labors, is ready to adjourn sine die, and to
ascertain if she has any further communications to make to the Legislature.
Mr. Speaker and Members of the House of Representatives:
I have the honor to inform you that on March 29, 2019, I approved House Bill 1186, and
the same has been deposited in the office of the Secretary of State.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Committee on Legislative Procedure for the purpose of fixing the time of adjournment sine
die for the Ninety-fourth Legislative Session.
The following prayer was offered by the Chaplain, Fr. Ron Garry.
In Psalm 98 we hear:
The Lord rules forever, has set up his throne for judgment. It is he who judges the world
with justice, who judges the peoples with fairness. The Lord is a stronghold for the oppressed,
a stronghold in times of trouble. Those who know your name trust in you; you never forsake
those who seek you, Lord.
We close this season of legislative work, O Lord: grateful for your guidance, repentant for
our sins, hopeful in your care for this earth, its life, and your people. May the good work You
have begun in us continue through the labors of legislative, executive, and judicial service. Bless
us with safe travel, and union with our families and friends.
To You, O Lord, we pray. Amen.
Rep. Steele moved that the House do now adjourn sine die, which motion prevailed and
at 5:14 p.m. the House adjourned.