JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION




FORTIETH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, March 29, 2019

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

    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.

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-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.

Respectfully submitted,
Steven G. Haugaard, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

March 15, 2019

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.

Respectfully submitted,
Kristi Noem
Governor

March 18, 2019

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.

Respectfully submitted,
Kristi Noem
Governor

March 20, 2019

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.

Respectfully submitted,
Kristi Noem
Governor


March 21, 2019

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.

Respectfully submitted,
Kristi Noem
Governor

March 27, 2019

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.

Respectfully submitted,
Kristi Noem
Governor

March 26, 2019

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.


    As House Bill 1186 passed in its final form, however, it would not be enacted until
July 1, 2019, after the fund is already repealed just a day prior. In order to carry out the intent of this bill in a manner that is consistent with the Legislature's objective, I recommend the following Style and Form correction to the Enrolled version of House Bill 1186:

    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.

Kristi Noem
Governor

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 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)


    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.

CONSIDERATION OF REPORTS OF COMMITTEES

    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.


MESSAGES FROM THE SENATE

MR. SPEAKER:

    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.

Respectfully,
Kay Johnson, Secretary

    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.

RECESS

    The House reconvened at 4:16 p.m., the Speaker presiding.

MESSAGES FROM THE SENATE

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.

Respectfully,
Kay Johnson, Secretary


    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 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.

Respectfully submitted,
Steven G. Haugaard, Chair

    There being no objection, the House proceeded to Order of Business No. 9 - Consideration of Executive Vetoes.

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 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


    Yeas:
Anderson; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Deutsch; Diedrich; Duvall; Finck; Glanzer; Goodwin; Greenfield (Lana); Hammock; Hansen; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Mills; Milstead; Miskimins; Otten (Herman); Perry; Post; Qualm; Reed; Reimer; Rounds; Saba; Schoenfish; St John; Steele; Willadsen; York; Zikmund

    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.

COMMUNICATIONS AND PETITIONS

Mr. SPEAKER:

    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.

March 29, 2019

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.

Respectfully submitted,
Kristi Noem
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 Committee on Legislative Procedure for the purpose of fixing the time of adjournment sine die for the Ninety-fourth Legislative Session.

Respectfully,
Kay Johnson, Secretary

    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.

Sandra J. Zinter, Chief Clerk