JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 7, 2019

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

The prayer was offered by the Chaplain, Rev. Corey Rajek, followed by the Pledge of Allegiance led by House page Abbigail Kitts.

Roll Call: All members present except Rep. Anderson who was excused.

Rep. Duvall introduced House page Abbigail Kitts and presented her the U.S. flag which was flown at the State Capitol on October 29, 2018, in honor of her grandfather, the late Representative Chuck Turbiville.

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 eighteenth 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 1033 and 1040 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1037 was delivered to her Excellency, the Governor, for her approval at 10:40 a.m., February 7, 2019.

Respectfully submitted,
Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1204 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1234 and returns the same with the recommendation that said bill be amended as follows:

1234yb

On page 1, line 5, of the printed bill, after "for" insert "new construction of".

On page 1, line 6, after "dollars" insert "per project".

On page 1, line 7, delete "general" and insert "capital outlay".

On page 1, line 9, after "for" insert "new construction of".

On page 1, line 10, after "dollars" insert "per project".

On page 2, line 1, before "concentrated" insert "newly constructed".

On page 2, line 2, before "concentrated" insert "newly constructed".

On page 2, line 3, after "dollars" insert "per project".

On page 2, line 4, before "concentrated" insert "newly constructed" and after "dollars" insert "per project".

On page 2, line 8, before "concentrated" insert "new construction of".

On page 2, line 9, after "dollars" insert "per project".

And that as so amended said bill do pass.

Respectfully submitted,
Mark Willadsen, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1120 and returns the same with the recommendation that said bill be amended as follows:

1120wa

On page 1, after line 10 of the printed bill, insert:

" Section 4. The fund may not be used to pay more than fifty percent of the total cost of any project.

Section 5. Any project or activity carried out through the use of this fund shall have the purpose of reducing the risk of insect infestations or reducing hazardous fuels to protect communities and forest resources from wildfire damage.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1191 and returns the same with the recommendation that said bill be amended as follows:

1191jc

On page 2, line 6, of the printed bill, after "plant" delete "or cannabidiol," and insert ", or ~~cannabidiol,~~".

On page 3, line 11, after "substance" insert "or marijuana".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1242 and returns the same with the recommendation that said bill be amended as follows:

1242ja

On page 4, after line 24 of the printed bill, insert:

" Section 2. That § 41-6-23 be amended to read:

41-6-23. Except as provided in this section, it is a Class 2 misdemeanor for any person to hunt, take, kill, or trap fur-bearing animals without a license to take fur-bearing animals or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A license to take fur-bearing animals permits the licensee to set or operate a trap or traps, hunt, catch, take, trap, or kill fur-bearing animals, except the black-footed ferret, to the extent and in the manner provided in §§ 41-8-20 to 41-8-26, inclusive.

A license to take fur-bearing animals is not required for residents to hunt raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote with firearms. A license to take fur-bearing animals is not required for residents to trap raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote between April first and August thirty-first. ".

And that as so amended said bill do pass.

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 1137 and returns the same with the recommendation that said bill be amended as follows:

1137kb

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

" Section 1. That chapter 58-29E be amended by adding a NEW SECTION to read:

No pharmacy benefit manager shall contractually require a pharmacy, who is a participating provider in a health plan provided by a covered entity, to charge or collect from an insured a cost

share for a prescription or pharmacy service that exceeds the amount retained by the pharmacist or pharmacy from all payment sources for the filling of the prescription or providing the pharmacy service.

Section 2. That chapter 58-29E be amended by adding a NEW SECTION to read:

No pharmacy benefit manager contracting with a covered entity shall retroactively adjust a claim for reimbursement submitted by a pharmacy for a prescription drug unless the adjustment is a result of either of the following:

(1) A pharmacy audit conducted in accordance with chapter 58-29F; or

(2) A technical billing error.

Section 3.That chapter 58-29E be amended by adding a NEW SECTION to read:

Nothing in this Act shall prohibit a pharmacy benefit manager from adjusting claim payment for the benefit of a covered individual if there was an error in the adjudication of a claim submitted by or on behalf of the covered individual."

1137cb

On page 1, after line 13 of the printed bill, insert:

" Section 3. That chapter 58-29E be amended by adding a NEW SECTION to read:

No pharmacy benefit manager may discriminate against a pharmacy participating in a health plan as an entity authorized to participate under section 340B of the Public Health Service Act, as amended to January 1, 2019, or any pharmacy under contract with such an entity to provide prescriptions. For the purposes of this chapter, a retail pharmacy is any pharmacy licensed under the laws of this state, and no pharmacy benefit manager may, by contract, modify that definition.".

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 1199 and 1205 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1215 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 Local Government respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill be amended as follows:

1200ca

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

"
Section 1. That chapter 8-5 be amended by adding a NEW SECTION to read:

A county official of any county that maintains an official website shall post thereon the name and phone number of each person serving on a board of township supervisors within the county."

1200cta

On page 1 of the printed bill, delete line 2, and insert "serving on a board of township supervisors.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1172 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Herman Otten, Chair

Also MR. SPEAKER:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1081 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 HB 1111 and returns the same with the recommendation that said bill be amended as follows:

1111cd

On page 3, line 8, of the printed bill, after "." insert "For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.".

On page 5, after line 18, insert:

Nothing in this Act prohibits any active duty military member or military spouse from seeking a professional license, certification, registration, or permit as otherwise provided in law for any profession regulated under titles 13 or 36.".

And that as so amended said bill do pass.

Respectfully submitted,
Larry P. Zikmund, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1109 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1087 and returns the same with the recommendation that said bill be amended as follows:

1087ba

On page 2, line 21, of the printed bill, after "clear," insert "narrowly tailored in the service of a significant institutional interest," and after "include" insert "content and".

On page 3, line 11, after "clear," insert "narrowly tailored in the service of a significant institutional interest," and after "include" insert "content and".

On page 3, line 24, after "authorizes" insert "a group, or", delete "or a group", and after "to" insert "knowingly or intentionally".

On page 4, delete lines 1 to 4, inclusive, and insert "materially and substantially hinders or disrupts another's expressive activity, or that prevents the communication of a message or the transaction of a lawful meeting, gathering, or procession by:

(1) Fighting, engaging in violence, or engaging in other unlawful behavior; or

(2) Physically blocking or using threats of violence to prevent a person from attending, listening to, viewing, or otherwise participating in an expressive activity.".

On page 4, line 11, delete "Require that either the leaders of the" and insert "Prohibit an".

On page 4, line 12, after "organization" insert "from requiring that its leaders".

On page 4, line 18, after "website," insert "on separate pages with dedicated tabs,".

On page 4, line 24, after "of" insert "and understand".

On page 7, line 17, delete "Any student graduating after January 1, 2020, with" and insert "Beginning July 1, 2019, any student enrolling as a freshman in", delete "from" and insert "program at".

On page 7, line 20, after "." insert "For purposes of this section, successful completion may also be demonstrated through the use of advanced placement tests, dual credits, or a college level examination program.".

On page 8, line 4, delete "Any student graduating after January 1, 2020, with" and insert "Beginning July 1, 2019, any student enrolling as a freshman in", delete "from" and insert "program at".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:

1108ca

On page 1, line 5, of the printed bill, delete "identity or gender expression" and insert "dysphoria".

And that as so amended said bill do pass.

Respectfully submitted,
Lana Greenfield, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill be amended as follows:

1071oa

On page 18, line 8, of the printed bill, delete "trust".

On page 22, line 16, delete "trust".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1145 and 1164 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
John Mills, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1024 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1033 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 54, 55, 56, 61, 63, 73, 84, 99, 136, 137, and 154 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Rep. Herman Otten moved that the House do concur in Senate amendment to HB 1008.

The question being on Rep. Herman Otten's motion that the House do concur in Senate amendment to HB 1008.

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

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

Nays:
Finck; Gosch; Gross; Marty; Post; Randolph; Rounds

Excused:
Anderson

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

HCR 1005 Introduced by: Representatives Brunner, Dennert, Frye-Mueller, Goodwin, Greenfield (Lana), Howard, Jensen (Kevin), Johnson (David), Livermont, Marty, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Post, Randolph, Rounds, Steele, and Weis and Senators Nelson, Blare, Bolin, Cammack, Cronin, Curd, DiSanto, Ewing, Greenfield (Brock), Jensen (Phil), Klumb, Kolbeck, Maher, Novstrup, Partridge, Rusch, Russell, Solano, Stalzer, Steinhauer, Sutton, and Youngberg

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

WHEREAS, Israel has been granted her lands under and through the oldest recorded deed, as recorded in the Old Testament scriptures held sacred and revered by Jews and Christians alike, as presenting the acts and words of God; and

WHEREAS, the claim and presence of the Jewish people in Israel has remained constant throughout the past four thousand years of history; and

WHEREAS, the legal basis for the establishment of the modern state of Israel was a binding resolution under international law, which was unanimously adopted by the League of Nations in 1922 and subsequently affirmed by both houses of the United States Congress; and

WHEREAS, the binding resolution affirmed the establishment of a national home for the Jewish people in the historical region of the land of Israel, including the areas of Judea, Samaria, and Jerusalem; and

WHEREAS, Article 80 of the United Nations Charter 22 recognized the continued validity of the rights granted to states or peoples which already existed under international instruments, and therefore the 1922 League of Nations resolution remains valid, and the six hundred fifty thousand Jews currently residing in the areas of Judea, Samaria, and eastern Jerusalem reside there legitimately; and

WHEREAS, Israel declared its independence and self-governance on May 14, 1948, with the goal of reestablishing its God-given and legally recognized lands as a homeland for the Jewish people; and

WHEREAS, the United States, having been the first country to recognize Israel as an independent nation and as Israel's principal ally, has enjoyed a close and mutually beneficial relationship with Israel and her people; and

WHEREAS, there are increasing incidents of anti-Semitism around the world, including across the United States reflected in official hate crime statistics; and

WHEREAS, the international Boycott, Divestment, and Sanctions movement is one of the main vehicles for spreading anti-Semitism and advocating the elimination of the Jewish State; and

WHEREAS, the dramatic increase in Boycott, Divestment, and Sanctions campaign activities on college campuses around the country has resulted in increased animosity and intimidation against Jewish students, negatively impacting student programming related to the State of Israel and politics in the Middle East; and

WHEREAS, leaders of the Boycott, Divestment, and Sanctions movement say their goal is to eliminate Israel as the home of the Jewish people; and

WHEREAS, signs and messaging at anti-Israel rallies across the United States and world have adopted the Boycott, Divestment, and Sanctions slogan, "from the river to the sea Palestine will be free," meaning there would be no Israel between the Jordan River and the Mediterranean Sea, that the State of Israel would cease to exist; and

WHEREAS, the Boycott, Divestment, and Sanctions campaign's call for academic
boycotts have been condemned by many of our nation's largest academic associations, over two hundred fifty university presidents, and many other leading scholars as a violation of the bedrock principle of academic freedom; and

WHEREAS, the Boycott, Divestment, and Sanctions movement seeks to pressure Israel into unilateral concession, helping Palestinians avoid the concession on their part which would be necessary in any negotiated settlement; and

WHEREAS, while we defend the freedom of speech of those who wish to criticize Israel, the critics have no right to be free of rightful criticism of their anti-Semitism; and

WHEREAS, Israel is the greatest friend and ally of the United States in the Middle East and the values of our two nations are so intertwined that it is impossible to separate one from the other; and

WHEREAS, a strong and independent Israel supports our long cherished beliefs of democracy and liberty which we believe is the right of all mankind; and

WHEREAS, there are those in the world who have continually sought to destroy Israel, from the time of its inception as a state, and those same enemies of Israel also hate, and seek to destroy, the United States; and

WHEREAS, the duly elected representatives of South Dakota recognize the importance of expressing South Dakota's unabridged support for the Jewish people and the State of Israel's right to exist and their right of self-defense; and

WHEREAS, the promise of the God of Israel, who is the Creator acknowledged in our own Declaration of Independence and referenced by our own Founding Fathers in the creation of our nation, is that He will bless those who bless Israel:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature states that South Dakota stands proudly with Israel and thanks the only Middle East democracy, for Israel's cordial and mutually beneficial relationship with the United States and with the state of South Dakota. We stand in support of Israel in its legal, historical, moral, and God-given right of self-governance and self-defense of the entirety of its own lands. We recognize that Israel is neither an attacking force nor an occupier of the lands of others, and that peace in the Middle East for us, is contingent on a whole and united Israel. South Dakotans reaffirm their support for the State of Israel, we recognize that the Jewish people are indigenous to the land of Israel, we condemn all attacks on the people of Israel, we support Israel's right to engage in lawful acts of self-defense, and we oppose all attempts to deny the legitimacy of Israel as a sovereign state; and

BE IT FURTHER RESOLVED, that the State of South Dakota openly blesses Israel with our friendship and that we stand in support of the Israeli people and celebrate our many culture

ties and gratitude for our cordial and mutually beneficial relations since 1948, a friendship that continues to strengthen with each passing year; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature condemns the international Boycott, Divestment, and Sanctions movement and its activities in the United States for seeking to undermine the Jewish people's right to self-determination, which they are fulfilling in the State of Israel; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature condemns activities that contribute directly or indirectly to the denial, violation, or delegitimization of any peoples' academic freedom, including, but not limited to, promotion of academic boycotts by the Boycott, Divestment, and Sanctions movement against Israel; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature consider the international Boycott, Divestment, and Sanctions movement and its agenda inherently antithetical and deeply damaging to the causes of peace, justice, equality, democracy, and human rights for all peoples in the Middle East; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature calls on Congress and President Donald J. Trump to continue America's support of Israel by denouncing the Boycott, Divestment, and Sanctions efforts against our ally and, we call on them to immediately respond to any hostile actions against Israel by all means necessary; and

BE IT FURTHER RESOLVED, that the chief clerk of the House of Representatives prepare copies of this resolution and forward them to the President of the United States, the speaker and clerk of the United States House of Representatives, the president and secretary of the United States Senate, and the Israeli Embassy in Washington, D.C., for transmission to Prime Minister Benjamin Netanyahu, President Reuven Rivlin, Knesset Speaker Yuli-Yoel Edelstein, and other proper authorities in the State of Israel.

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

Rep. Qualm moved that HB 1255, 1256, 1257, 1258, 1260, 1262, and 1263 be referred from the House Committee on Appropriations to the Joint Committee on Appropriations.

Which motion prevailed.

Rep. Steele moved that the Committee on State Affairs be instructed to deliver HJR 1005 to the floor of the House, pursuant to Joint Rule 7-7.

Rep. Rounds rose to a point of order that there was no second to the motion. Speaker asked for a second which was made.

Rep. Dennert rose to a point of order to ask if Rep. Steele was allowed to speak to the reason for the smoke-out. Speaker allowed it.

Rep. Jamie Smith rose to a point of order saying that Rep. Steele was speaking to the bill. Speaker sustained the point of order.

The question being on Rep. Steele's motion that the Committee on State Affairs be instructed to deliver HJR 1005 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

The Speaker declared that HB 1271 and 1140 were withdrawn at the request of the prime sponsors 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 8, 2019, the 20^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1061, 1063, and 1074 as found on page 305 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 54: FOR AN ACT ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.

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

SB 55: FOR AN ACT ENTITLED, An Act to allow the national motto of the United States to be displayed in public schools.

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

SB 56: FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of fireworks and to declare an emergency.

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

SB 61: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding nursing facility closures.

Was read the first time and referred to the Committee on Health and Human Services.

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

SB 73: FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district trustees.

Was read the first time and referred to the Committee on Local Government.

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 first time and referred to the Committee on Health and Human Services.

SB 99: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding commercial security deposits.

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

SB 136: FOR AN ACT ENTITLED, An Act to provide for the utilization of telehealth by a health care professional.

Was read the first time and referred to the Committee on Health and Human Services.

SB 137: FOR AN ACT ENTITLED, An Act to provide for the payment of claims for covered services provided by a health care professional via telehealth.

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

SB 154: FOR AN ACT ENTITLED, An Act to authorize the production and transport of saltwater crustaceans.

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

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall SB 51 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
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; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Anderson

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Qualm moved that HB 1188 be deferred to Friday, February 8, 2019, the
20^th legislative day.

Which motion prevailed.

HB 1181: FOR AN ACT ENTITLED, An Act to create a habitat conservation emblem specialty plate.

Was read the second time.

The question being "Shall HB 1181 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
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; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Gosch

Excused:
Anderson

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

Was read the second time.

The question being "Shall SB 22 pass as amended?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent 0

Yeas:
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; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Mulally

Excused:
Anderson

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.

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

Was read the second time.

The question being "Shall SB 32 pass?"

And the roll being called:

Yeas 61, Nays 8, Excused 1, Absent 0

Yeas:
Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; 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); Post; Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); St John; Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Dennert; Frye-Mueller; Goodwin; Howard; Livermont; Pischke; Steele; Weis

Excused:
Anderson

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 44: FOR AN ACT ENTITLED, An Act to revise the permanent endowment trust, to authorize the Board of Regents to sell certain extraneous real property and to purchase certain real property, to make an appropriation of sale proceeds, and to declare an emergency.

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

44ja

Rep. Dennert moved that SB 44 be amended as follows:

On page 4 of the printed bill, delete lines 3 to 9, inclusive.

Which motion prevailed.

The question being "Shall SB 44 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Rep. Qualm moved that SB 36 be deferred to Monday, February 11, 2019, the
21^st legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall SB 37 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Excused:
Anderson

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.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1033: FOR AN ACT ENTITLED, An Act to revise provisions regarding transaction of business by trust companies.

HB 1040: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the opportunity scholarship program.

SB 10: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

SB 25: FOR AN ACT ENTITLED, An Act to revise the authority of Department of Revenue special agents.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
3:21 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk