JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 11, 2019

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

The prayer was offered by the Chaplain, Rev. Seth LaBounty, followed by the Pledge of Allegiance led by House pages Andrea Brandner and Danielle Houghtaling.

Roll Call: All members present except Reps. Chase, Johns, and Olson 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 twentieth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1033 and 1040 were delivered to her Excellency, the Governor, for her approval at 11:15 a.m., February 11, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1024, 1043, 1044, and 1075 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1172, which was reconsidered, and returns the same without recommendation.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1091 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1157 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1069, 1156, and 1165 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lee Qualm, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

On page 2, between lines 5 and 6 of the printed bill, insert:

For the purposes of this Act, a nonemergency, invasive physical examination or screening does not include any dental examination or dental screening.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1144 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, remove the overstrikes from everything after "~~municipality.~~" .

On page 1, line 12, remove the overstrikes from "~~foremost on student safety~~".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1113 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1090 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1216 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1217 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete "Class 2" and insert "Class 1".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1268 and 1269 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jon Hansen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 91, 113, and 155 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1043, 1044, and 1075 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Petitioning Congress and the President to defend Israel against hostile actions; expressing the strongest support for, and unity with, the people and State of Israel; and strongly condemning the Boycott, Divestment, and Sanctions movement and the increasing incidents of anti-Semitism against Israel and the Jewish people.

Was read the second time.

Rep. Brunner moved that HCR 1005 as found on page 324 of the House Journal be adopted.

The question being on Rep. Brunner's motion that HCR 1005 be adopted.

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Bordeaux; Cwach; Duba; Healy; Lesmeister; McCleerey; Pourier; Ring; Saba; Smith (Jamie); Sullivan

Excused:
Chase; Johns; Olson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

Rep. Rounds moved that HCR 1004 be placed on the calendar of Wednesday, February 20, 2019, the 26^th legislative day.

Which motion prevailed and HCR 1004 was so placed.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Qualm moved that the reports of the Standing Committees on

    State Affairs on HJR 1005 and HJR 1004 as found on page 337 of the House Journal; also

    Education on HB 1066 as found on page 338 of the House Journal; also

    Commerce and Energy on HB 1196 as found on page 339 of the House Journal; also

    Judiciary on HB 1198 as found on page 340 of the House Journal be adopted.

Which motion prevailed.

Rep. Steele moved that HJR 1005 be placed on the calendar of Tuesday, February 12, 2019, the 22^nd legislative day, pursuant to Joint Rule 6F-6.

The question being on Rep. Steele's motion that HJR 1005 be placed on the calendar of Tuesday, February 12, 2019, 22^nd legislative day.

And the roll being called:

Yeas 28, Nays 39, Excused 3, Absent 0

Yeas:
Beal; Deutsch; Gosch; Hansen; Jensen (Kevin); Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Schoenfish; St John; Steele; Weis; Willadsen; Zikmund; Haugaard

Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Healy; Howard; Hunhoff; Johnson (David); Lake; Lesmeister; McCleerey; Milstead; Miskimins; Peterson (Kent); Pourier; Reed; Reimer; Ring; Rounds; Saba; Smith (Jamie); Sullivan; Wiese; York

Excused:
Chase; Johns; Olson

So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 91: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding open meeting requirements.

Was read the first time and referred to the Committee on State Affairs.

SB 113: FOR AN ACT ENTITLED, An Act to provide that certain information contained within applications for money lending licenses are public records.

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

SB 155: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home.

Was read the first time and referred to the Committee on Military and Veterans Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Goodwin requested that HB 1128 be removed from the Consent Calendar.

Which request was granted.

HB 1143: FOR AN ACT ENTITLED, An Act to revise provisions regarding contribution limits to political action committees.

Was read the second time.

The question being "Shall HB 1143 pass?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Chase; Johns; Olson

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

Rep. Qualm moved that HB 1234, 1120, and 1087 be deferred to Tuesday, February 12, 2019, the 22^nd legislative day.

Which motion prevailed.

Rep. Karr requested a fiscal note on HB 1127.

Which request was supported.

HB 1188: FOR AN ACT ENTITLED, An Act to revise provisions regarding fertilizer inspection fees.

Was read the second time.

The question being "Shall HB 1188 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johnson (Chris); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Duvall; Greenfield (Lana); Hunhoff; Johnson (David)

Excused:
Chase; Johns; Olson

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1074: FOR AN ACT ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

Was read the second time.

The question being "Shall HB 1074 pass as amended?"

And the roll being called:

Yeas 47, Nays 20, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gross; Hammock; Hansen; Healy; Johnson (David); Koth; Lake; Lesmeister; Marty; McCleerey; Milstead; Miskimins; Perry; Peterson (Kent); Peterson (Sue); Pourier; Qualm; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; Zikmund; Haugaard

Nays:
Brunner; Frye-Mueller; Gosch; Greenfield (Lana); Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Karr; Latterell; Livermont; Mills; Mulally; Otten (Herman); Pischke; Post; Randolph; Rasmussen; Reimer; York

Excused:
Chase; Johns; Olson

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 1204: FOR AN ACT ENTITLED, An Act to exempt certain sales of goods and services by minors from the sales tax.

Was read the second time.

The question being "Shall HB 1204 pass?"

And the roll being called:

Yeas 36, Nays 31, Excused 3, Absent 0

Yeas:
Brunner; Chaffee; Dennert; Diedrich; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); Lake; Latterell; Lesmeister; Livermont; Marty; Mulally; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Randolph; Rasmussen; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Weis; Wiese; Zikmund; Haugaard

Nays:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Cwach; Deutsch; Duba; Duvall; Finck; Glanzer; Gross; Healy; Hunhoff; Karr; Koth; McCleerey; Mills; Milstead; Miskimins; Peterson (Kent); Pourier; Qualm; Reed; Reimer; Ring; Saba; Sullivan; Willadsen; York

Excused:
Chase; Johns; Olson

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 1081: FOR AN ACT ENTITLED, An Act to authorize certain paraplegic or amputee veterans or their surviving spouses to retain a property tax exemption without having to reapply each year.

Was read the second time.

The question being "Shall HB 1081 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Johnson (David)

Excused:
Chase; Johns; Olson

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 1191: FOR AN ACT ENTITLED, An Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

Was read the second time.

Rep. Lesmeister moved that HB 1191 be amended as follows:

On page 3, line 3, of the House Agriculture and Natural Resources Committee engrossed bill, after "licensure" insert "and each license renewal thereafter".

On page 3, line 7, after "." insert "However, the department may disclose information received pursuant to this section with law enforcement.".

On page 5, after line 15, insert:

" Section 13. That the code be amended by adding a NEW SECTION to read:

Any law enforcement officer may require any person transporting industrial hemp to stop any vehicle transporting such product for the purposes of inspection of appropriate licensure or paperwork. The law enforcement officer may collect a sample of such product for the purpose

of testing for any concentration of tetrahydrocannabinol that exceeds three-tenths of one percent. The sample collected by law enforcement may not exceed eight ounces. It shall be a Class 2 misdemeanor to transport industrial hemp without appropriate licensure or paperwork from a federal or state authority.".

Which motion prevailed.

The question being "Shall HB 1191 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Jensen (Kevin); Post

Excused:
Chase; Johns; Olson

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1242: FOR AN ACT ENTITLED, An Act to include opossums within the definition of predator.

Was read the second time.

The question being "Shall HB 1242 pass as amended?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Bordeaux; Rounds

Excused:
Chase; Johns; Olson

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 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pharmacy benefit managers.

Was read the second time.

The question being "Shall HB 1137 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Excused:
Chase; Johns; Olson

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 1200: FOR AN ACT ENTITLED, An Act to require the posting of contact information for persons serving on a board of township supervisors.

Was read the second time.

The question being "Shall HB 1200 pass as amended?"

And the roll being called:

Yeas 49, Nays 18, Excused 3, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gross; Hammock; Hansen; Howard; Hunhoff; Jensen (Kevin); Johnson (David); Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rounds; Saba; Schoenfish; St John; Steele; Weis; Willadsen; York; Zikmund; Haugaard

Nays:
Cwach; Duba; Gosch; Greenfield (Lana); Healy; Johnson (Chris); Karr; Lesmeister; McCleerey; Mulally; Peterson (Kent); Rasmussen; Reed; Reimer; Ring; Smith (Jamie); Sullivan; Wiese

Excused:
Chase; Johns; Olson

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 1111: FOR AN ACT ENTITLED, An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.

Was read the second time.

The question being "Shall HB 1111 pass as amended?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Chase; Johns; Olson; Qualm

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. Qualm moved that the balance of the calendar including HB 1108, 1071, 1254, 1259, 1261, 1264, 1117, 1155, and 1118 and SB 36 be deferred to Tuesday, February 12, 2019, the 22^nd legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1024: FOR AN ACT ENTITLED, An Act to authorize certain species of game fish to be used as bait.

HB 1043: FOR AN ACT ENTITLED, An Act to require the Department of Social Services to collect and report certain information regarding the military affiliation of a parent whose child is subject to a report of abuse or neglect.

HB 1044: FOR AN ACT ENTITLED, An Act to authorize certain children who are subject to a pending military relocation to apply for enrollment in a school district.

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of conservation district governing boards.

SB 22: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

SB 32: FOR AN ACT ENTITLED, An Act to revise the composition of the South Dakota Board of Social Work Examiners.

SB 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding association health plans.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:40 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk