The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of
Allegiance led by House page Shelby Ruland.
Roll Call: All members present except Reps. Randolph and Reed who were excused.
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 thirtieth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Legislative Procedure respectfully reports that HB 1003, 1021, 1029,
1039, 1047, 1049, 1054, 1056, 1057, 1059, 1067, 1068, 1070, 1072, 1073, 1077, 1079, 1082,
1092, 1124, 1128, 1143, 1159, 1198, 1257, 1260, and 1263 were delivered to her Excellency,
the Governor, for her approval at 9:55 a.m., February 27, 2019.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1076, 1157, 1200, 1255, 1258, and 1262 and
HJR 1004 and finds the same correctly enrolled.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 114, 115, and 126 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 92 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 117 which was deferred to the 41st legislative day.
Also MR. SPEAKER:
The Joint Committee on Appropriations respectfully reports that it has had under
consideration HB 1120 which was tabled.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 124 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 SB 48 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 56 and returns the same with the recommendation that said bill be amended
as follows:
" Section 27. That § 34-37-5 be amended to read:
34-37-5. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the
American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition and that comply with
labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R.
Title 16--Commercial Practices Part 1507), effective 16 C.F.R. 1507 as in effect on January 1,
1998 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is
a Class 1 misdemeanor.
Section 28. That § 34-37-9 be amended to read:
34-37-9. Any person licensed under the provisions of this chapter shall comply with the
provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the
Department of Public Safety. The invoice shall show the license number of the wholesaler from
which the purchase was made. A violation of this section is a Class 1 misdemeanor. ".
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 98 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
The Committee on Judiciary respectfully reports that it has had under consideration SB 99,
123, and 163 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 148
which was deferred to the 41st legislative day.
The Committee on Education respectfully reports that it has had under consideration
SB 1, 96, and 140 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
SB 3 and returns the same with the recommendation that said bill be amended as follows:
"
" Section 5. The provisions of this Act are repealed on June 30, 2020.".
The Committee on Military and Veterans Affairs respectfully reports that it has had under
consideration SB 155 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Military and Veterans Affairs respectfully reports that it has had under
consideration SCR 11 and returns the same with the recommendation that said resolution be
concurred in and be placed on the consent calendar.
I have the honor to return herewith HB 1215 and 1242 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that HB 1185 was deferred to the
41st legislative day.
I have the honor to return herewith HB 1076, 1157, 1200, 1255, 1258, and 1262 and
HJR 1004 which have passed the Senate without change.
MOTIONS AND RESOLUTIONS
HR 1003: A RESOLUTION, Denouncing the recent passage of New York's abortion law
and requesting that the Governor declare a day of prayer and fasting to atone for the unspeakable
crime of abortion.
Was read the second time.
Rep. Hansen moved that HR 1003 as found on page 480 of the House Journal be adopted.
The question being on Rep. Hansen's motion that HR 1003 be adopted.
And the roll being called:
Yeas 59, Nays 9, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch;
Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson
(David); Karr; Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally;
Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm;
Rasmussen; Reimer; Ring; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York;
Zikmund; Haugaard
Nays:
Bordeaux; Cwach; Duba; Healy; Lesmeister; McCleerey; Saba; Smith (Jamie); Sullivan
Excused:
Randolph; Reed
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HR 1003 was adopted.
Which motion prevailed.
Rep. Qualm moved that the reports of the Standing Committee on
Health and Human Services on SB 61 as found on page 548 of the House Journal be
adopted.
Which motion prevailed.
SB 121: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
manufacturers' warranties for motor vehicles to include all-terrain vehicles.
SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding hospital
liens.
SB 85: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of
Health's annual report regarding abortions.
The question being "Shall SB 70 pass as amended and SB 121 and 85 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Excused:
Randolph; Reed
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.
HB 1256: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds
for elderly persons and persons with a disability, to revise the income eligibility requirements
for property and sales tax refunds, and to declare an emergency.
Was read the second time.
The question being "Shall HB 1256 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, 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); 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; Reimer; Ring; Rounds;
Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York;
Zikmund; Haugaard
Excused:
Randolph; Reed
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.
Rep. Qualm moved that SB 59 and 16 be deferred to Thursday, February 28, 2019, the
32nd legislative day.
Which motion prevailed.
SB 63: FOR AN ACT ENTITLED, An Act to increase the penalty for a subsequent
conviction for trespass to hunt, fish, or trap.
Was read the second time.
The question being "Shall SB 63 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; Chase; Cwach;
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; Olson; Otten (Herman); Perry; Peterson (Kent);
Peterson (Sue); Post; Pourier; Qualm; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish;
Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Nays:
Dennert; Pischke
Excused:
Mulally; Randolph; Reed
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 154: FOR AN ACT ENTITLED, An Act to authorize the production and transport of
saltwater crustaceans.
Was read the second time.
The question being "Shall SB 154 pass as amended?"
And the roll being called:
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; Reimer; Ring; Rounds;
Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York;
Zikmund; Haugaard
Excused:
Randolph; Reed
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 72: FOR AN ACT ENTITLED, An Act to provide for a form a physician must use to
obtain consent to an abortion.
Was read the second time.
The question being "Shall SB 72 pass as amended?"
And the roll being called:
Yeas 59, Nays 9, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch;
Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson
(David); Karr; Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally;
Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm;
Rasmussen; Reimer; Ring; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York;
Zikmund; Haugaard
Nays:
Bordeaux; Cwach; Duba; Healy; Lesmeister; McCleerey; Saba; Smith (Jamie); Sullivan
Excused:
Randolph; Reed
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.
Was read the second time.
The question being "Shall SB 100 pass?"
And the roll being called:
Yeas 48, Nays 18, Excused 4, Absent 0
Yeas:
Bartels; Barthel; Beal; Borglum; Chaffee; Chase; Dennert; Deutsch; Diedrich; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Jensen (Kevin);
Johns; Johnson (Chris); Johnson (David); Lake; Latterell; Livermont; Marty; McCleerey; Mills;
Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke;
Post; Rasmussen; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Nays:
Anderson; Bordeaux; Brunner; Cwach; Duba; Finck; Gross; Healy; Howard; Hunhoff; Karr;
Koth; Mulally; Pourier; Reimer; Ring; Saba; Sullivan
Excused:
Lesmeister; Qualm; Randolph; Reed
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 73: FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district
trustees.
Was read the second time.
The question being "Shall SB 73 pass as amended?"
And the roll being called:
Yeas 43, Nays 23, Excused 4, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert;
Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Hammock; Healy; Hunhoff; Johns; Johnson
(David); Koth; Lake; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Peterson
(Kent); Pourier; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan;
Willadsen; York; Zikmund; Haugaard
Nays:
Brunner; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hansen; Howard; Jensen
(Kevin); Johnson (Chris); Karr; Latterell; Livermont; Marty; Mulally; Perry; Peterson (Sue);
Pischke; Post; Rasmussen; St John; Weis; Wiese
Excused:
Lesmeister; Qualm; Randolph; Reed
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 53: FOR AN ACT ENTITLED, An Act to authorize certain retailers to offer quantity
discounts or cash discounts for the purchase of alcoholic beverages.
Was read the second time.
The question being "Shall SB 53 pass as amended?"
And the roll being called:
Yeas 58, Nays 8, Excused 4, Absent 0
Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert;
Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana);
Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson
(David); Karr; Koth; Lake; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally;
Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Rasmussen;
Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Weis; Wiese; York;
Haugaard
Excused:
Lesmeister; Qualm; Randolph; Reed
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 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 second time.
The question being "Shall SB 113 pass?"
And the roll being called:
Yeas 62, Nays 4, Excused 4, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Greenfield
(Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Livermont; Marty; McCleerey; Mills;
Milstead; Miskimins; Mulally; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke;
Post; Pourier; Rasmussen; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele;
Sullivan; Weis; Wiese; York; Zikmund; Haugaard
Nays:
Gosch; Olson; Reimer; Willadsen
Excused:
Lesmeister; Qualm; Randolph; Reed
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 55: FOR AN ACT ENTITLED, An Act to require the national motto of the United
States to be displayed in public schools.
Was read the second time.
" Section 2. That chapter 13-24 be amended by adding a NEW SECTION to read:
Which motion prevailed.
The question being "Shall SB 55 pass as amended?"
And the roll being called:
Yeas 47, Nays 19, Excused 4, Absent 0
Yeas:
Anderson; Bartels; Beal; Brunner; Chaffee; Dennert; Deutsch; Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hammock; Hansen; Howard; Jensen
(Kevin); Johns; Johnson (Chris); Karr; Koth; Lake; Latterell; Livermont; Marty; Mills;
Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post;
Rasmussen; Reimer; Rounds; St John; Steele; Weis; Wiese; Willadsen; York; Haugaard
Nays:
Barthel; Bordeaux; Borglum; Chase; Cwach; Duba; Gross; Healy; Hunhoff; Johnson (David);
McCleerey; Otten (Herman); Pourier; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan;
Zikmund
Excused:
Lesmeister; Qualm; Randolph; Reed
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.
Was read the second time.
The question being "Shall SB 64 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; 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; Livermont; Marty; McCleerey;
Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson
(Sue); Pischke; Post; Pourier; Rasmussen; Reimer; Ring; Rounds; Saba; Schoenfish; Smith
(Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Excused:
Lesmeister; Qualm; Randolph; Reed
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.
HC 1013 Introduced by: Representatives Miskimins, Anderson, Bartels, Brunner, Chaffee,
Chase, Deutsch, Duba, Duvall, Finck, Glanzer, Greenfield (Lana), Gross, Johns, Johnson
(Chris), Koth, Lake, Livermont, Marty, Milstead, Mulally, Olson, Perry, Peterson (Sue),
Pischke, Rasmussen, Reimer, Ring, Rounds, Steele, Weis, Wiese, Willadsen, and York and
Senators Blare, Jensen (Phil), Nelson, Stalzer, Steinhauer, and Wismer
HC 1014 Introduced by: Representatives Hunhoff, Bordeaux, Diedrich, Duba, Duvall,
Howard, Mills, and Smith (Jamie) and Senators Nesiba, Greenfield (Brock), Kennedy, Kolbeck,
Schoenbeck, Soholt, and Sutton
The Speaker publicly read the title to
HB 1076: FOR AN ACT ENTITLED, An Act to revise certain real estate licensee
advertising restrictions and grant rule-making authority regarding real estate teams.
HB 1157: FOR AN ACT ENTITLED, An Act to revise provisions regarding challenges
to candidate nominating petitions.
HB 1200: FOR AN ACT ENTITLED, An Act to require the posting of contact information
for persons serving on a board of township supervisors.
HB 1255: FOR AN ACT ENTITLED, An Act to make an appropriation from the
coordinated natural resources conservation fund to the State Conservation Commission, and to
declare an emergency.
HB 1258: FOR AN ACT ENTITLED, An Act to create the clean air act settlement fund,
to make an appropriation from the fund, and to declare an emergency.
HB 1262: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse
certain health care professionals who have complied with the requirements for certain health
care recruitment assistance programs and to declare an emergency.
And signed the same in the presence of the House.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:42 p.m. the House adjourned.