JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 19, 2019

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

    The prayer was offered by the Chaplain, Rev. Sam Handschke, followed by the Pledge of Allegiance led by House pages Rebecca Clark and Aaron Eckmann.

    Roll Call: All members present except Reps. Kent Peterson and Randolph who were excused.

    The oath of office was administered by Speaker Haugaard to the following named pages:

    Natasha Allerdings, Cally Anderson, Torrey Anson, Madison Bollweg, Rebecca Clark, Aaron Eckmann, Robert Michael Garofalo, Cassidy Keck, Duncan Pease, Shelby Ruland, James Sapp, Shannon Weller, Brody Wilson.

    Which was subscribed to and placed on file in the office of the Secretary of State.

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 twenty-fourth 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.    

HONORED GUESTS

    Rep. Rasmussen introduced the Parker School District Board of Education as the Associated School Boards of South Dakota Outstanding School Board for 2018.

    Rep. McCleerey introduced Denise Lutkemeier, a member of the Wilmot School District Board of Education, as the Associated School Boards of South Dakota Outstanding School Board Member for 2018.

COMMUNICATIONS AND PETITIONS

February 14, 2019

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on February 14, 2019, I approved House Bills 1008, 1020, 1024, 1043, 1044, 1045, 1052, and 1075, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

February 19, 2019

Mr. Speaker and Members of the House of Representatives:

    I have the honor to inform you that on February 19, 2019, I approved House Bills 1010, 1027, 1064, 1098, and 1121, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor
REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1059, 1068, 1072, 1077, 1092, and 1124 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1255, 1258, and 1262 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Chris G. Karr, Co-Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1089 which was tabled.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

1209ka

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 10-50-1 be amended to read:

    10-50-1. Terms used in this chapter mean:

            (1)    "Consumer," any individual who is not a retailer or a licensed distributor or wholesaler pursuant to § 10-50-9;
            (2)    "Dealer," or "retailer," any person other than a distributor or wholesaler, as defined herein, who is engaged in this state in the business of selling cigarettes or tobacco products at retail;
            (3)    "Distributor," any person engaged in this state in the business of producing or manufacturing cigarettes, or importing into the state cigarettes, at least seventy-five percent of which are purchased directly from the manufacturers thereof;
            (4)    "Licensed distributor," or "licensed wholesaler," a distributor or wholesaler licensed under the provisions of this chapter;
            (5)    "Person," any individual, firm, fiduciary, partnership, limited liability company, corporation, trust, or association, however formed;
            (6)    "Sale" or "sell," shall include or apply to gifts, exchanges, and barter;
            (7)    "Secretary," the secretary of revenue;
            (8)    "Tobacco products," cigars, snuff, chewing tobacco, vapor products, and any other products made up or composed of tobacco in whole or in part, except cigarettes;
            (9)    "Vapor products," any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form.

    Section 2. That § 10-50-61 be amended to read:

    10-50-61. In addition to the tax imposed by § 10-50-3, there is imposed, whether or not a sale occurs, a tax upon all tobacco products in this state and upon any person engaged in business as a licensed distributor or licensed wholesaler thereof, at the rate of thirty-five percent of the wholesale purchase price of such the tobacco products. Such The tax shall be imposed at the time the distributor or wholesaler brings or causes to be brought into this state tobacco products for sale; makes, manufactures, or fabricates tobacco products in this state for sale in this state; or ships or transports tobacco products to dealers in this state to be sold by those dealers. For the purposes of this chapter, wholesale purchase price is the price for which a manufacturer sells tobacco products to a licensed distributor or licensed wholesaler exclusive of any discount or other reduction.

    Any licensed distributor or licensed wholesaler who has paid tax pursuant to under this section and subsequently sells the tobacco products to another licensed distributor or licensed wholesaler for resale, or sells the tobacco products outside of this state, shall receive a credit for the tax paid pursuant to under this section on such tobacco products.

    For the purposes of this section, the term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, but does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product and marketed and sold solely for that purpose. "

1209kta

    On page 1, line 1, of the printed bill, delete "clarify" and insert "revise certain".

    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 1190 and returns the same with the recommendation that said bill be amended as follows:

1190ba

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 34-23A-37 be amended to read:

    34-23A-37. The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:

            (1)    The number of females pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(1); of that number, the number provided by telephone and the number provided in person; and of each of those numbers, and of those pregnant mothers, the number to whom the physician provided information in the capacity of a referring physician and the number to whom the physician provided information in the capacity of a physician who is to perform the abortion;

            (2)    The number of females pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(2); of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;

            (3)    The number of females pregnant mothers who availed themselves of the opportunity to obtain a copy of the printed information described in § 34-23A-10.3, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

            (3A)(4) The number of females pregnant mothers who availed themselves of the opportunity to view a sonogram image, hear the heartbeat of her the unborn child, or both, pursuant to § 34-23A-52, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

            (4)(5)    The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four hours before the abortion was not provided because an immediate abortion was necessary to avert the female's pregnant mother's death, and the number of abortions in which such information was not so provided because a delay would create have created a serious risk of substantial and irreversible impairment of a major bodily function;

            (5)(6)    The name of the hospital or physician office;

            (6)(7)    The date of report by month, day, and year of the report; and

            (7)(8)    A unique patient number that can be used to link the report under this section to the medical report for inspection, clarification, and correction purposes, but that which cannot, of itself, reasonably lead to the identification of any person pregnant mother obtaining an abortion. "

    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 1213 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill be amended as follows:

73ya

    On page 2 of the printed bill, delete lines 7 to 15, inclusive, and insert:

"    Section 2. That § 34A-5-21.2 be amended to read:

    34A-5-21.2. A To serve as a trustee of a sanitary district trustee that has one hundred or more residents, the person shall be a resident of the sanitary district the trustee represents.


    To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district or own real property within the boundaries of the sanitary district. ".

    And that as so amended said bill do pass.

Respectfully submitted,
Herman Otten, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to transmit herewith SB 124, 149, and 164 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1059, 1068, 1072, 1077, 1092, and 1124 which have passed the Senate without change.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    The Speaker declared that HB 1112 and 1134 and HCR 1002 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on HB 1229 and SB 72 as found on page 404 of the House Journal; also

    Military and Veterans Affairs on HB 1080 as found on page 405 and HB 1187 as found on page 406 of the House Journal; also

    State Affairs on HB 1186 and HB 1094 as found on page 407 and HB 1178 as found on page 412 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 124: FOR AN ACT ENTITLED, An Act to provide for the transportation of alcoholic beverages by retail licensees.

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

    SB 149: FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 164: FOR AN ACT ENTITLED, An Act to establish procedures for the investigation of certain missing and murdered indigenous persons.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1201: FOR AN ACT ENTITLED, An Act to revise provisions regarding group pheasant hunts for disabled veterans.

    HB 1189: FOR AN ACT ENTITLED, An Act to provide for a period to cure certain campaign finance violations.

    Were read the second time.

    The question being "Shall HB 1201 and 1189 pass?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Peterson (Kent); Pourier; Randolph

    So the bills having received an affirmative vote of a majority of the members-elect, the Speaker declared the bills passed and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Rep. Qualm moved that HB 1144 be placed to follow HB 1176 on today's calendar.

    Which motion prevailed.

    Rep. Qualm moved that HB 1237 and 1238 be deferred to Wednesday, February 20, 2019, the 26th legislative day.

    Which motion prevailed.

    Rep. Qualm moved that HB 1250 be deferred to Thursday, February 21, 2019, the
27th legislative day.

    Which motion prevailed.

    HB 1122: FOR AN ACT ENTITLED, An Act to revise references to persons who are deaf or hard of hearing.

    Was read the second time.

    The question being "Shall HB 1122 pass?"

    And the roll being called:

    Yeas 60, Nays 8, Excused 2, Absent 0

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

    Nays:
Gross; Hammock; Jensen (Kevin); Marty; Mills; Mulally; Post; Wiese

    Excused:
Peterson (Kent); Randolph

    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 1087: FOR AN ACT ENTITLED, An Act to promote intellectual diversity at certain institutions of higher education.

    Having had its second reading was up for consideration and final passage.

    The question being "Shall HB 1087 pass as amended?"

    And the roll being called:

    Yeas 44, Nays 24, Excused 2, Absent 0

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

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Duba; Duvall; Healy; Hunhoff; Johns; Johnson (David); Lake; Lesmeister; McCleerey; Olson; Pourier; Reed; Ring; Saba; Smith (Jamie); Sullivan; York

    Excused:
Peterson (Kent); Randolph

    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 1217: FOR AN ACT ENTITLED, An Act to prohibit the endangerment of any child by means of driving under the influence and to provide a penalty therefor.

    Was read the second time.

    The question being "Shall HB 1217 pass as amended?"

    And the roll being called:

    Yeas 59, Nays 8, Excused 3, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Chaffee; Chase; 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); Lake; Latterell; Lesmeister; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Sue); Pischke; Post; Pourier; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Nays:
Bordeaux; Brunner; Johns; Karr; Koth; Livermont; Rounds; Steele

    Excused:
Peterson (Kent); Qualm; Randolph

    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 1139: FOR AN ACT ENTITLED, An Act to repeal provisions regarding maximum taxes levied by a school district for capital outlay.

    Was read the second time.

    The question being "Shall HB 1139 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 35, Excused 2, Absent 0

    Yeas:
Barthel; Bordeaux; Borglum; Brunner; Cwach; Deutsch; Duba; Finck; Gosch; Greenfield (Lana); Gross; Healy; Jensen (Kevin); Johnson (David); Lake; Lesmeister; McCleerey; Miskimins; Olson; Otten (Herman); Pourier; Rasmussen; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Willadsen; Haugaard

    Nays:
Anderson; Bartels; Beal; Chaffee; Chase; Dennert; Diedrich; Duvall; Frye-Mueller; Glanzer; Goodwin; Hammock; Hansen; Howard; Hunhoff; Johns; Johnson (Chris); Karr; Koth; Latterell; Livermont; Marty; Mills; Milstead; Mulally; Perry; Peterson (Sue); Pischke; Post; Qualm; Reimer; Weis; Wiese; York; Zikmund

    Excused:
Peterson (Kent); Randolph

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

    Rep. Latterell announced his intention to reconsider the vote by which HB 1139 lost.

    HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection and storage of sexual assault kit evidence.

    Was read the second time.

    The question being "Shall HB 1180 pass as amended?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Lake; Peterson (Kent); Randolph

    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 1257: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to construct two storage buildings, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1257 pass?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Lake; Peterson (Kent); Randolph

    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 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veteran's bonus program and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1260 pass?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Lake; Peterson (Kent); Randolph

    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 1263: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction of a National Guard Readiness Center at the Rapid City Airport and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1263 pass?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Lake; Peterson (Kent); Randolph

    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 1171: FOR AN ACT ENTITLED, An Act to allow certain veterans to attend courses offered at postsecondary technical institutes without payment of tuition.

    Was read the second time.

    The question being "Shall HB 1171 pass?"

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

    Excused:
Lake; Peterson (Kent); Randolph

    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 1176: FOR AN ACT ENTITLED, An Act to provide for the regulation of saline tattoo removal by municipalities.

    Was read the second time.

    The question being "Shall HB 1176 pass?"

    And the roll being called:

    Yeas 64, Nays 3, Excused 3, Absent 0

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

    Nays:
Goodwin; Hansen; Latterell

    Excused:
Lake; Peterson (Kent); Randolph

    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 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the transportation of students participating in open enrollment.

    Was read the second time.

1144bb

    Rep. Finck moved that HB 1144 be amended as follows:

    On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

"
    Section 1. That § 13-28-45 be amended to read:

    13-28-45. The parent or guardian of a student who has been accepted for transfer is responsible for transporting the student to school in the receiving district without reimbursement. A receiving school district may enter the district of residence of students accepted for transfer into that school district to provide transportation to those students. However, the school boards in both the receiving school district and the resident school district shall annually approve the pick-up locations for those students within any incorporated municipality. When approving pick-up locations, the school boards shall base their decisions foremost on student safety. If the school boards cannot reach agreement on the pick-up locations, the locations shall be determined by the secretary of the Department of Education elect to provide transportation to the student, provided:

            (1)    The location designated by the receiving school district as the pick-up site is not within the limits of an incorporated municipality in the student's school district of residence; or

            (2)    The location designated by the receiving school district as the pick-up site is within the limits of an incorporated municipality in the student's school district of residence; and

            (a)    The board of the receiving school district has requested that the board of the student's school district of residence approve the intended pick-up site; and
            (b)    The board of the student's school district of residence has approved the pick-up site.

    For purposes of subdivision (2), if the board of the student's school district of residence fails to
either approve or deny the intended pick-up site within thirty days, the pick-up site is deemed to be
approved. Any approval under this section remains valid until the succeeding June thirtieth.

    The provisions of § 13-29-4 do not apply when transporting students enrolled under the provisions of §§ 13-28-40 to 13-28-47.

    The receiving district may charge a reasonable fee if the student elects to use the transportation services offered by the receiving district.

    The provisions of this section regarding the transportation agreements among school districts do not apply to any school district defined as a sparse school district pursuant to § 13-13-78. "

    A roll call vote was requested and supported.

    The question being on Rep. Finck's motion that HB 1144 be amended.

    And the roll being called:

    Yeas 39, Nays 28, Excused 3, Absent 0

    Yeas:
Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Dennert; Duba; Duvall; Finck; Gosch; Greenfield (Lana); Gross; Healy; Howard; Johns; Lesmeister; Livermont; Marty; McCleerey; Miskimins; Mulally; Olson; Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reed; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Haugaard

    Nays:
Anderson; Chase; Cwach; Deutsch; Diedrich; Frye-Mueller; Glanzer; Goodwin; Hammock; Hansen; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Mills; Milstead; Otten (Herman); Perry; Pischke; Reimer; Saba; Wiese; Willadsen; York; Zikmund

    Excused:
Lake; Peterson (Kent); Randolph

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

    The question being "Shall HB 1144 pass as amended?"

    And the roll being called:

    Yeas 20, Nays 47, Excused 3, Absent 0

    Yeas:
Beal; Brunner; Chaffee; Cwach; Finck; Frye-Mueller; Greenfield (Lana); Gross; Howard; Johns; Lesmeister; Marty; Miskimins; Olson; Peterson (Sue); Qualm; Reed; Reimer; St John; Steele

    Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Dennert; Deutsch; Diedrich; Duba; Duvall; Glanzer; Goodwin; Gosch; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Latterell; Livermont; McCleerey; Mills; Milstead; Mulally; Otten (Herman); Perry; Pischke; Post; Pourier; Rasmussen; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

    Excused:
Lake; Peterson (Kent); Randolph

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

    Rep. Qualm moved that HB 1118 be deferred to Wednesday, February 20, 2019, the
26th legislative day.

    Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 36: FOR AN ACT ENTITLED, An Act to revise the membership of the State Workers' Compensation Advisory Council.

    Was read the second time.

    The question being "Shall SB 36 pass?"

    And the roll being called:

    Yeas 61, Nays 6, Excused 3, Absent 0

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

    Nays:
Dennert; Johns; Johnson (David); Livermont; Milstead; Pischke

    Excused:
Lake; Peterson (Kent); Randolph

    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 SB 78, 84, 40, 43, 63, 154, and 34 be deferred to Wednesday, February 20, 2019, the 26th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vehicle dealer licensing.

    HB 1068: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate rules to allow certain motor vehicles to follow another motor vehicle on a state highway more closely than otherwise permitted by law.

    HB 1072: FOR AN ACT ENTITLED, An Act to correct a definition in the Uniform Unsworn Domestic Declarations Act.

    HB 1077: FOR AN ACT ENTITLED, An Act to revise provisions regarding designation of a no maintenance highway.

    HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance disclosure reports.

    HB 1124: FOR AN ACT ENTITLED, An Act to require health care facilities that perform mammography to inform mammography patients on breast density.

    And signed the same in the presence of the House.

    Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:45 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk