JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 26, 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 Duncan Pease and Shannon Weller.

Roll Call: All members present except Rep. Randolph who was 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 twenty-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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1071 and 1137 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 85 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 Health and Human Services respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill be amended as follows:

61ba

On page 1, line 6, of the Senate Commerce and Energy Committee engrossed bill, after "operation" insert "," and delete "nursing facility" and delete "will" and insert "shall".

On page 1, line 7, delete "date of closure and" and insert "the date the facility closes and shall".

On page 1, delete lines 8 and 9, and insert "entity licensed to operate a nursing facility pursuant to this chapter.".

On page 2, line 14, delete "may" and insert "must".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1060 and 1119 which were deferred to the 41^st legislative day.

Respectfully submitted,
Chris G. Karr, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully submits a corrected report that it has had under consideration SB 121 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
John Mills, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SCR 11 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 15, 66, 74, 116, 167, 179, 181, and 182 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1071 and 1137 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1172 and 1217 were deferred to the 41^st legislative day.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, Expressing and encouraging support for the continued use of country-of-origin labels on meat products sold to consumers.

Was read the second time.

Rep. Livermont moved that HCR 1007 as found on page 482 of the House Journal be adopted.

The question being on Rep. Livermont's motion that HCR 1007 be adopted.

And the roll being called:

Yeas 47, Nays 22, Excused 1, Absent 0

Yeas:
Bordeaux; Brunner; Chaffee; Cwach; Dennert; Deutsch; Duba; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johns; Karr; Koth; Lake; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Sue); Pourier; Rasmussen; Reimer; Ring; Rounds; Saba; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; York; Zikmund; Haugaard

Nays:
Anderson; Bartels; Barthel; Beal; Borglum; Chase; Diedrich; Duvall; Glanzer; Gross; Hunhoff; Johnson (Chris); Johnson (David); Latterell; Olson; Peterson (Kent); Pischke; Post; Qualm; Reed; Schoenfish; Willadsen

Excused:
Randolph

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

Rep. Mills moved that SB 121 be deferred to Wednesday, February 27, 2019, the
31^st legislative day, and be placed on the consent calendar in accordance with the corrected Report of the Committee on Transportation of February 21, 2019.

Which motion prevailed.

SCR 11: A CONCURRENT RESOLUTION, requesting that the President of the United States designate a single state funeral be held upon the death of the last living identifiable veteran from World War II.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 55 as found on page 514 of the House Journal; also

    Commerce and Energy on SB 64 as found on page 515 of the House Journal; also

    Judiciary on SB 70 as found on page 516 of the House Journal; also

    Joint Committee on Appropriations on HB 1256 as found on page 530 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 15: FOR AN ACT ENTITLED, An Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.

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

SB 66: FOR AN ACT ENTITLED, An Act to establish an interim legislative committee to study issues related to electric services in an annexed area.

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

SB 74: FOR AN ACT ENTITLED, An Act to revise provisions regarding multiple convictions for certain offenses.

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

SB 116: FOR AN ACT ENTITLED, An Act to create the Dakota promise fund, provide Dakota promise grants, and to make an appropriation.

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

SB 167: FOR AN ACT ENTITLED, An Act to establish a task force to study the crime of ingestion of controlled substances.

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

SB 179: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

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

SB 181: FOR AN ACT ENTITLED, An Act to provide for the transfer of funds from the budget reserve fund and to declare an emergency.

Was read the first time and referred to the House Committee on Appropriations.

SB 182: FOR AN ACT ENTITLED, An Act to revise the special education property tax levy for school districts and to revise the state aid to special education formula.

Was read the first time and referred to the House Committee on Appropriations.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.

SB 76: FOR AN ACT ENTITLED, An Act to allow a candidate for legislative or county office to be considered for nomination to statewide office.

SB 77: FOR AN ACT ENTITLED, An Act to revise provisions regarding candidates running for office.

SB 90: FOR AN ACT ENTITLED, An Act to revise provisions regarding certain financial interest statements filed by persons elected to state or local office.

SB 45: FOR AN ACT ENTITLED, An Act to revise the provisions regarding the filing of a statement of additional issues on appeal in certain contested cases.

SB 143: FOR AN ACT ENTITLED, An Act to revise visitation rights of a person causing conception by rape or incest.

SB 18: FOR AN ACT ENTITLED, An Act to update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.

Were read the second time.

The question being "Shall SB 75, 76, 77, and 143 pass as amended and 90, 45, and 18 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, 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 (Kent); 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:
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

HB 1212: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the industrial hemp licensure program and to declare an emergency.

Was read the second time.

The question being "Shall HB 1212 pass?"

And the roll being called:

Yeas 58, Nays 11, Excused 1, Absent 0

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

Nays:
Frye-Mueller; Howard; Jensen (Kevin); Johnson (Chris); Latterell; Mills; Pischke; Post; St John; York; Haugaard

Excused:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 78: FOR AN ACT ENTITLED, An Act to exempt certain medical providers from licensure.

Was read the second time.

The question being "Shall SB 78 pass?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
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.

SB 84: FOR AN ACT ENTITLED, An Act to authorize the possession and administration of opioid antagonists by school district and nonpublic school personnel.

Was read the second time.

84bd

Rep. Kevin Jensen moved that SB 84 be amended as follows:

On page 2, after line 15 of the Senate engrossed bill, insert:

" Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

Which motion prevailed.

The question being "Shall SB 84 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Randolph

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

The question being on the title.

84bta

Rep. Kevin Jensen moved that the title to SB 84 be amended as follows:

On page 1, line 2, of the Senate engrossed bill, after "personnel" insert ", and to declare an emergency".

Which motion prevailed and the title was so amended.

SB 40: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain real property to the Animal Industry Board.

Was read the second time.

The question being "Shall SB 40 pass?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, 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; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Wiese; York; Zikmund; Haugaard

Nays:
Olson; Weis; Willadsen

Excused:
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.

SB 43: FOR AN ACT ENTITLED, An Act to redirect funding to a collaborative program in rural veterinary medical education and to provide tax revenue for the support of veterinary students.

Was read the second time.

The question being "Shall SB 43 pass as amended?"

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; 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 (Kent); 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:
Frye-Mueller; Howard; Pischke

Excused:
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 63, 154, 72, 100, 73, 53, 59, 16, and 113 be deferred to Wednesday, February 27, 2019, the 31^st legislative day.

Which motion prevailed.

COMMEMORATIONS

HC 1012 Introduced by: Representatives Smith (Jamie), 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, Jensen (Kevin), Johns, Johnson (David), Karr, Koth, Lake, Latterell, Lesmeister, Livermont, Marty, McCleerey, Milstead, Miskimins, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Post, Pourier, Qualm, Reed, Ring, Rounds, Saba, Schoenfish, St John, Steele, Sullivan, Weis, Wiese, and Zikmund and Senators Partridge, Blare, Bolin,

DiSanto, Heinert, Maher, Monroe, Nelson, Nesiba, Otten (Ernie), Schoenbeck, Soholt, Steinhauer, White, and Youngberg

A LEGISLATIVE COMMEMORATION, Honoring the 2018 Augustana University Baseball Team and the students and staff involved in the baseball program.

WHEREAS, the Augustana University Baseball Team has represented Sioux Falls and the state of South Dakota as the winning champions in the 2018 Division II College World Series National Championship; and

WHEREAS, the Augustana University Baseball Team had a total record of 40-8 during the 2018 regular season before its national championship game with an 8-2 victory over Southern New Hampshire; and

WHEREAS, the Augustana University Baseball Team traveled to Cary, North Carolina, to
compete to be the top Division II baseball team for the first time by dedication, true sportsmanship, commitment, and perseverance; and

WHEREAS, Jacob Blank and Michael Brandt were recognized as some of the nation's top
student athletes being named to the Google Cloud Academic All-District 7 Team selected by the CoSIDA; and

WHEREAS, Tyler Mitzel was named the MVP for the 2018 Division II College World Series National Championship; and

WHEREAS, the Augustana University Vikings received outstanding leadership and guidance from head coach Tim Huber, along with assistant coaches Casey Jacobson, Dan Morrison, Zach Dibble, and volunteer assistant coach, Dean Bowyer:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Augustana University Baseball Team be commended for being the 2018 Division II College World Series National Champions.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1071: FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding aviation.

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

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:09 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk