JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 21, 2019

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

The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by House pages Torrey Anson and Natasha Allerdings.

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-sixth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

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 1070 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1223 which was tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1141 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Willadsen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1251 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 42-7 be amended by adding a NEW SECTION to read:

Notwithstanding § 42-7-105 or any other provision of this chapter, the commission may license and regulate multi-jurisdictional totalizator hubs located outside of this state who conduct pari-mutuel wagering on simulcast races and accept wagers from South Dakota residents at out-of-state facilities. The commission shall impose a source market fee on persons licensed under this section of five percent of gross receipts of all pari-mutuel wagering by South Dakota residents conducted by persons at out-of-state simulcast facilities, of which the special racing revolving fund shall receive four percent of gross receipts and the South Dakota-bred racing fund shall receive one percent of gross receipts.

Section 2. That § 42-7-89 be amended to read:

42-7-89. The payments required in section 1 of this Act, §§ 42-7-63, 42-7-79, 42-7-85, 42-7-88, and 42-7-102 to be made by the licensee to the state treasurer are in lieu of all other or further excise or occupational taxes to the state or any county, municipality, or other political subdivision. "

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On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "license out-of-state multi-jurisdictional totalizator hubs and distribute source market fees to the special racing revolving fund and the South Dakota-bred racing fund.".

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1173 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 22-14 be amended by adding a NEW SECTION to read:

An employer, whether public or private, may not prohibit an employee from keeping a legally owned and lawfully possessed firearm locked inside a private motor vehicle in a parking lot under the employer's control.

The prohibition in this section does not apply to:

(1) Any property under federal jurisdiction;

(2) Any school district;

(3) Any correctional facility;

(4) Any entity providing shelter or programs to victims of domestic violence or sexual assault;

(5) The South Dakota Human Services Center;

(6) The South Dakota Developmental Center; or

(7) Any employer that is required to restrict firearms in accordance with the terms of a federal contract."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 and returns the same with the recommendation that said resolution be amended as follows:

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On page 1, line 14, of the printed resolution, delete everything after "house" and insert "by a person with no party affiliation. The party central committee, if any, of the person whose vacancy is being filled shall appoint a person to fill a vacancy occurring in either house.".

On page 2, delete line 1.

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1136 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1236 and 1244 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 1232 and 1270 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
HB 1131 and 1247 and HCR 1003 which were tabled.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1149 and 1150 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 121 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1142 which was tabled.

Respectfully submitted,
John Mills, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be referred to the Joint Committee on Appropriations.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1239 and 1240 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas J. Brunner, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 68, 96, 115, 153, and 188 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1070 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1117 was deferred to the
41^st legislative day.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Qualm moved that the House do concur in Senate amendments to HB 1073.

The question being on Rep. Qualm's motion that the House do concur in Senate amendments to HB 1073.

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; 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; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Bordeaux; Pourier; Saba

Excused:
Randolph

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

HR 1002 Introduced by: Representatives Duba, Borglum, Diedrich, Duvall, Greenfield (Lana), Healy, Hunhoff, Lesmeister, McCleerey, Peterson (Kent), Reed, Rounds, Schoenfish, Sullivan, and Willadsen

A RESOLUTION, Recognizing the impact of Alzheimer's Disease and related dementias on persons living with these conditions, caregivers, and the State of South Dakota.

WHEREAS, while Alzheimer's Disease and related dementias have been traditionally seen as an aging issue, these conditions constitute a public health issue, due to the large burden on society and the significant impact, but there are ways to intervene with the disease; and

WHEREAS, South Dakota has the third highest Alzheimer's death rate in America, and Alzheimer's is the fifth leading cause of death in South Dakota; and

WHEREAS, South Dakota has seen a one hundred thirty-five percent increase in Alzheimer's deaths since 2000; and

WHEREAS, seventeen thousand South Dakotans are living with Alzheimer's, with approximately sixty percent of the people impacted being men and forty percent women; and

WHEREAS, the number of South Dakotans living with Alzheimer's is estimated to grow to twenty thousand by 2025; and

WHEREAS, South Dakota spends significant resources annually caring for people with Alzheimer's Disease and related dementias; and

WHEREAS, thirty-eight thousand caregivers, including family, friends, and neighbors, in South Dakota are providing care to persons with Alzheimer's Disease or related dementias, saving the state considerable money and resources; and

WHEREAS, nearly sixty percent of these caregivers have been providing care to a person with Alzheimer's Disease or related dementias for at least two years; and

WHEREAS, caregiving for individuals with Alzheimer's Disease or related dementias often takes an enormous toll on family members and creates important needs to reduce stress, depression, injuries, anxiety, isolation, and other health issues that caregivers of persons with Alzheimer's Disease or related dementias often face; and

WHEREAS, the onset of Alzheimer's Disease and related dementias cannot yet be stopped or reversed, but early detection and diagnosis allow persons with dementia and their families a better chance of receiving and benefitting from treatment, care, support services, and more time to put legal, financial and advanced directives in place for the future:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, that stakeholders in healthcare, legal, and financial sectors, and the patients and families affected by Alzheimer's Disease and related dementias are encouraged to continue to work together toward meaningful solutions to address the public health impact of Alzheimer's Disease in South Dakota.

Was read the first time and the Speaker waived the committee referral.

Rep. Qualm moved that HB 1212 be referred from the Committee on Agriculture and Natural Resources to the Joint Committee on Appropriations.

Which motion prevailed.

Rep. Qualm moved that SB 34 be placed to precede SB 78 on today's calendar.

Which motion prevailed.

The Speaker declared that HB 1231 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 22, 2019, the 28^th legislative day.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 68: FOR AN ACT ENTITLED, An Act to define certain acts as misbranding of food products.

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

SB 96: FOR AN ACT ENTITLED, An Act to expand application of the tax credit for contributions to a scholarship granting organization.

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

SB 115: FOR AN ACT ENTITLED, An Act to authorize the conditional carrying of a concealed pistol in the state capitol by certain persons.

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

SB 153: FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks Commission to provide for a special hunting license with the proceeds to be used for habitat.

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

SB 188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state tests.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1146: FOR AN ACT ENTITLED, An Act to revise provisions related to unclaimed property.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use and possession of scanning devices and reencoders.

Were read the second time.

The question being "Shall HB 1146 and 1050 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.

There being no objection, the House proceeded to Order of Business No. 14 - Second Reading of Senate Bills and Joint Resolutions.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 34: FOR AN ACT ENTITLED, An Act to make an appropriation for the replacement of the Elm Lake Dam spillway and to declare an emergency.

Was read the second time.

The question being "Shall SB 34 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 two-thirds majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

There being no objection, the House reverted to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that HB 1209 and 1230 be deferred to Friday, February 22, 2019, the 28^th legislative day.

Which motion prevailed.

HB 1250: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding marriage and family therapists.

Was read the second time.

The question being "Shall HB 1250 pass as amended?"

And the roll being called:

Yeas 64, Nays 5, 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; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; 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; Weis; Wiese; York; Zikmund; Haugaard

Nays:
Frye-Mueller; Livermont; Marty; Olson; Willadsen

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.

HB 1229: FOR AN ACT ENTITLED, An Act to require optional services through Medicaid to be authorized through special appropriation.

Was read the second time.

The question being "Shall HB 1229 pass as amended?"

And the roll being called:

Yeas 45, Nays 23, Excused 2, Absent 0

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

Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Cwach; Diedrich; Duba; Healy; Hunhoff; Johns; Lesmeister; McCleerey; Olson; Peterson (Kent); Pourier; Reed; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen

Excused:
Gosch; 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 1080: FOR AN ACT ENTITLED, An Act to increase the property tax exemption allowed for certain veterans with a disability and the surviving spouses of certain veterans with a disability.

Was read the second time.

The question being "Shall HB 1080 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1187: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to conduct a study of the Flaming Fountain on Capitol Lake, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1187 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Nays:
Willadsen

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.

HB 1186: FOR AN ACT ENTITLED, An Act to provide for repayment of costs incurred by a county related to crimes involving certain persons in state facilities.

Was read the second time.

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Rep. Finck moved that HB 1186 be amended as follows:

On page 1, line 7, of the House State Affairs Committee engrossed bill, delete "the costs" and insert "costs in excess of one thousand five hundred dollars".

On page 1, line 9, after "violation" insert "that occurred after the person's incarceration".

On page 1, line 11, after "violation" insert "that occurred after the person's incarceration".

Which motion prevailed.

The question being "Shall HB 1186 pass as amended?"

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

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

Nays:
Anderson; Bartels; Dennert; Gross; Latterell; Marty; Perry; 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.

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain programs regarding transparency of the petition circulation process.

Was read the second time.

The question being "Shall HB 1094 pass as amended?"

And the roll being called:

Yeas 52, Nays 17, Excused 1, Absent 0

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

Nays:
Bordeaux; Chase; Cwach; Duba; Duvall; Healy; Lesmeister; McCleerey; Otten (Herman); Perry; Pourier; Ring; Saba; Schoenfish; Smith (Jamie); Steele; Sullivan

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.

HB 1178: FOR AN ACT ENTITLED, An Act to revise provisions regarding the beginning period for absentee voting.

Was read the second time.

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Rep. Qualm moved that HB 1178 be amended as follows:

On page 1 of the House State Affairs Committee engrossed bill, delete lines 6 and 7, and insert "Friday in October prior to the general election ~~including any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1)~~, and thirty-two days prior to the primary election.".

Which motion prevailed.

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

Yeas 36, Nays 33, Excused 1, Absent 0

Yeas:
Anderson; Bartels; Beal; Dennert; Deutsch; Diedrich; Finck; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Gross; Hansen; Haugaard; Howard; Jensen (Kevin); Johnson (Chris); Karr; Lake; Latterell; Livermont; Marty; Mills; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Steele; Weis; Wiese

Nays:
Barthel; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Duba; Duvall; Glanzer; Hammock; Healy; Hunhoff; Johns; Johnson (David); Koth; Lesmeister; McCleerey; Milstead; Pourier; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Willadsen; York; Zikmund

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.

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.

Was read the second time.

The question being "Shall HB 1255 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; Haugaard; 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

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.

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.

Was read the second time.

The question being "Shall HB 1258 pass?"

And the roll being called:

Yeas 68, Nays 1, 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; Haugaard; Healy; Howard; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; 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

Nays:
Livermont

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.

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.

Was read the second time.

The question being "Shall HB 1262 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; Haugaard; 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

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.

HB 1190: FOR AN ACT ENTITLED, An Act to provide for certain requirements prior to the performance of an abortion.

Was read the second time.

The question being "Shall HB 1190 pass as amended?"

And the roll being called:

Yeas 58, Nays 11, Excused 1, 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; Haugaard; 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; Qualm; Reed; Reimer; Ring; Rounds; Schoenfish; St John; Steele; Weis; Wiese; Willadsen; York; Zikmund

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

Excused:
Randolph

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

The question being on the title.

1190bta

Rep. Deutsch moved that the title to HB 1190 be amended as follows:

On page 1, line 1, of the printed bill, after "certain" insert "reporting".

On page 1, line 1, delete everything after "requirements" and insert "related to abortions.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

HJR 1003: A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election a new section to Article XII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund using the net receipts from unclaimed property.

Was read the second time.

The question being "Shall HJR 1003 pass?"

And the roll being called:

Yeas 40, Nays 29, Excused 1, Absent 0

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

Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Diedrich; Duba; Duvall; Glanzer; Healy; Hunhoff; Johnson (David); Koth; Lake; McCleerey; Olson; Peterson (Kent); Pourier; Qualm; Reed; Ring; Rounds; Schoenfish; Smith (Jamie); Sullivan; Willadsen; York

Excused:
Randolph

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

Rep. Qualm moved that the balance of the calendar including SB 78, 84, 40, 43, 63, 154, 72, 100, 73, and 53 be deferred to Friday, February 22, 2019, the 28^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1070: FOR AN ACT ENTITLED, An Act to revise the procedure for judgment by confession.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
5:18 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk