House of Representatives Journal 1/19/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION

SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 19, 2017

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by House page Emma Wilkenson.

Roll Call: All members present except Reps. Bordeaux, DiSanto, and Goodwin 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 sixth 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,

G. Mark Mickelson, Chair

Which motion prevailed.

ANNOUNCEMENTS

The Speaker appointed Reps. Johns (Chair), Hawley (Vice Chair), Stevens, Lust, Rhoden, Duvall, Bartling, Soli, and McCleery as a committee of nine to the Select Committee on Discipline and Expulsion.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1038 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be amended as follows:

1040ca

On page 3, line 21, of the printed bill, after "living" insert "supports for".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:

1044cd

On page 2, line 22, of the printed bill, delete "United States".

On page 2, line 22, overstrike "Food and Drug".

On page 2, overstrike line 23.

On page 2, line 24, overstrike everything before ";" and insert "DSCSA".

On page 7, line 24, overstrike everything before "~~persons~~" and insert "As used in this chapter, the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a product".

On page 8, line 1, delete everything before "." and insert "~~other than a consumer or patient~~".

On page 12, line 5, overstrike "wholesale".

On page 13, line 8, overstrike everything after "person" and insert "other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider or repackager, engaged in wholesale distribution".

On page 13, overstrike lines 9 to 11, inclusive.

On page 13, delete line 12, and insert "~~wholesale drug traders; speciality wholesale distributors; third party logistics providers; retail~~".

On page 13, overstrike lines 13 and 14.

On page 13, delete line 15, and insert "~~normal distribution channel such wholesale distributor must also be an authorized~~".

On page 13, line 16, overstrike everything before "." .

On page 16, delete lines 1 to 21, inclusive, and insert:

" Section 21. That § 36-11A-39 be repealed.

36-11A-39. Each person who is engaged in wholesale distribution of prescription drugs, including repackagers, but excluding the original manufacturer of the finished form of the prescription drug that leave, or have ever left, the normal distribution channel shall, before each wholesale distribution of such drug, provide a pedigree to the person who receives such drug.

A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this section only if the pharmacy or chain pharmacy warehouse engages in wholesale distribution of prescription drugs, as defined in § 36-11A-26.

Section 22. That § 36-11A-40 be repealed.

36-11A-40. The board shall determine by July 1, 2009, a targeted implementation date for electronic track and trace pedigree technology. Such a determination shall be based on consultation with manufacturers, distributors, and pharmacies responsible for the sale and distribution of prescription drug products in this state. After consultation with interested stakeholders and prior to implementation of the electronic pedigree, the board shall determine that the technology is universally available across the entire prescription pharmaceutical supply chain. The implementation date for the mandated electronic track and trace pedigree technology shall be no sooner than July 1, 2010, and may be extended by the board in one year increments

~~if it appears the technology is not universally available across the entire prescription pharmaceutical supply chain.~~ ".

1044cb

On page 1 of the printed bill, delete lines 7 to 9, inclusive, and insert:

(1) ~~"Authentication," to affirmatively verify before any wholesale distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred;~~".

On page 17, line 3, overstrike "affirmatively verify" and insert ","and after "occurs" insert ", confirm".

On page 17, line 4, overstrike "each transaction listed on" and insert "it has received".

On page 17, line 5, overstrike "has occurred".

On page 19, line 21, overstrike "authenticate" and insert "verify".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill be referred to the House Committee on Appropriations.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1043 which was tabled.

Respectfully submitted,
Wayne H. Steinhauer, Chair

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1016, 1017, and 1018 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that HB 1004 be referred from the Committee on Health and Human Services to the House Committee on Appropriations

Which motion prevailed.

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 20, the 8^th legislative day.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1058 Introduced by: Representative Anderson and Senator Partridge

FOR AN ACT ENTITLED, An Act to empower health care consumers.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1059 Introduced by: Representatives Bartels, Lust, and Mills and Senators Maher, Partridge, Sutton, and White

FOR AN ACT ENTITLED, An Act to provide for the perfection of liens upon application for duplicate certificates of title.

Was read the first time and referred to the Committee on Judiciary.

HB 1060 Introduced by: Representatives Willadsen, Gosch, Haggar, Hawley, Holmes, Pischke, and Rounds and Senators Maher, Peters, Stalzer, and Sutton

FOR AN ACT ENTITLED, An Act to provide requirements and standards for insurers' own risk and solvency assessments.

Was read the first time and referred to the Committee on Commerce and Energy.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1047: FOR AN ACT ENTITLED, An Act to modify the application timeline for state chartered banks and trust companies.

Was read the second time.

The question being "Shall HB 1047 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson

Excused:
Bordeaux; DiSanto; Goodwin

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.

HB 1050: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the practice of barbering.

Was read the second time.

The question being "Shall HB 1050 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Bordeaux; DiSanto; Goodwin

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1048: FOR AN ACT ENTITLED, An Act to exempt natural hair braiding from the practice of cosmetology.

Was read the second time.

The question being "Shall HB 1048 pass?"

And the roll being called:

Yeas 59, Nays 8, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Brunner; Campbell; Carson; Chase; Clark; Dennert; Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Willadsen; Wismer; Wollmann; Zikmund; Speaker Mickelson

Nays:
Conzet; Johns; Karr; Otten (Herman); Rozum; Stevens; Turbiville; York

Excused:
Bordeaux; DiSanto; Goodwin

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.

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

Was read the second time.

The question being "Shall HB 1049 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Bordeaux; DiSanto; Goodwin

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.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 2:37 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 34 of the House Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of sixteen former members of the South Dakota Legislature, namely: the Honorable Ervin H. Bader; the Honorable Mary McClure Bibby; the Honorable Roland A. Chicoine; the Honorable Dan Dryden; the Honorable James B. "Jim" Dunn; the Honorable Robert Duxbury; the Honorable Elaine Elliott; the Honorable Lowdon Heller; the Honorable William J. "Bill" Johnson; the Honorable Jacob J. "Jake" Krull; the Honorable Glen McVay; the Honorable Dean O. Mehlhaff; the Honorable William "Bill" Meyers; the Honorable Robert "Bob" Roe; the Honorable Bob Sivertson; and the Honorable Richard "Dick" Waddell; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninety-second Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninety-second Session of the Legislature of the State of South Dakota, now assembled this 19th day of January, 2017, at Pierre, South Dakota.