JOURNAL OF THE HOUSE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 12, 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 page Andrea Hult.

Roll Call: All members present except Rep. Johns 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-first 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 1027, 1064, 1098, and 1121 and finds the same correctly enrolled.

Respectfully submitted,

Steven G. Haugaard, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1008, 1010, 1011, 1020, 1045, and 1052 were delivered to her Excellency, the Governor, for her approval at
9:35 a.m., February 12, 2019.

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 78 and 84 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1250 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, delete ":".

On page 1, line 10, delete "(a) The" and insert "the".

On page 1, line 13, delete "; and" and insert ", including the".

On page 1, line 14, delete "(b) The".

On page 2, line 15, delete "counseling" and insert "therapy".

On page 8, delete lines 1 to 5, inclusive, and insert:

Except as otherwise provided in this section, any person licensed under this Act shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board.

Any person whose initial license is granted for a period of less than two years shall, during that initial licensure period, complete a prorated number of hours of continuing education, in a manner and with an instructor approved by the board.

The required continuing education hours may be obtained through electronic means. The board may extend or waive the continuing education requirements for a licensee upon a showing of good cause, prior to expiration of the license.".

On page 15, delete line 16, and insert "The board shall promulgate rules, pursuant to chapter 1-26, to establish:".

On page 15, between lines 22 and 23, insert:

" Section 40. That the code be amended by adding a NEW SECTION to read:

The board may promulgate rules, pursuant to chapter 1-26, to:

(1) Set standards for professional practice; and

(2) Establish procedures for application, licensure, eligibility, renewals, continuing education, supervision, and the examination of an applicant for and a holder of licensure as a licensed marriage and family therapist.".

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 1179 which was tabled.

Respectfully submitted,
Kevin D. Jensen, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 40 and 43 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1152 which was tabled.

Respectfully submitted,
Thomas J. Brunner, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1125 which was tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1252 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Willadsen, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
David Anderson, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1027, 1064, 1098, and 1121 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 4, 85, 86, 140, 143, and 146 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006 Introduced by: Representatives Howard, Beal, Brunner, Dennert, Frye-Mueller, Glanzer, Goodwin, Gross, Jensen (Kevin), Johnson (Chris), Latterell, Livermont, Marty, Mills, Miskimins, Mulally, Otten (Herman), Pischke, Qualm, Randolph, Rasmussen, Steele, Weis, and Willadsen and Senators Nelson, Blare, Bolin, DiSanto, Greenfield (Brock), Jensen (Phil), Maher, Russell, Stalzer, Steinhauer, and Sutton

A CONCURRENT RESOLUTION, Instructing South Dakota's congressional representatives to support an effort in Congress to terminate the U.S. Department of Education.

WHEREAS, neither the Congress nor the President, through his appointees, has the authority under the United States Constitution to dictate how and what children must learn in school; and

WHEREAS, the U.S. Department of Education was established in 1979 as a political move to assist in the re-election bid of James Earl Carter, Jr.; and

WHEREAS, the Republican Party takes a position against federal involvement in education, stating in their platform: "The federal government should not be a partner in that effort, as the Constitution gives it no role in education," and further rejects ".the dark view of the individual as human capital - a possession for the creation of another's wealth"; and

WHEREAS, the U.S. Department of Education employs over four thousand five hundred bureaucrats whose salaries average one hundred five thousand dollars per year; and

WHEREAS, the U.S. Department of Education exercises dictatorial control over state and local schools through controversial, expensive, and experimental education schemes, such as Common Core Standards and the recent Every Student Succeeds Act; and

WHEREAS, the intellectual and moral development of South Dakota children should not be determined by unelected bureaucrats in Washington, D.C.; and

WHEREAS, states and local communities are best positioned to design curricula that meet the needs of local students; and

WHEREAS, Senator Mike Rounds made abolishing the federal Department of Education a central campaign promise:

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 United States Congress pass H.R.899, as introduced by Congressman Thomas Massie of Kentucky's Fourth Congressional District in the 116th Congress; and

BE IT FURTHER RESOLVED, that copies of this resolution be formally transmitted to the speaker and clerk of the United States House of Representatives, to the president pro tempore and the secretary of the United States Senate, and to the members of the South Dakota congressional delegation.

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

SCR 6: A CONCURRENT RESOLUTION, Urging the President of the United States to make agricultural exports a priority and protect agricultural products from all current and future tariffs.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Local Government on HB 1172 as found on page 350 of the House Journal; also

    Education on HB 1116 and HB 1144 as found on page 351 of the House Journal; also

    Judiciary on HB 1217 as found on page 352 of the House Journal be adopted.

Which motion prevailed.

Rep. Kevin Jensen moved that HB 1172 be placed on the calendar of Wednesday, February 13, 2019, the 23^rd legislative day, pursuant to Joint Rule 6F-6.

The question being on Rep. Kevin Jensen's motion that HB 1172 be placed on the calendar of Wednesday, February 13, 2019, 23^rd legislative day, pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 44, Nays 25, Excused 1, Absent 0

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

Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Duba; Duvall; Healy; Hunhoff; Johnson (David); Lake; Lesmeister; McCleerey; Milstead; Peterson (Kent); Pourier; Reed; Ring; Rounds; Saba; Schoenfish; Smith (Jamie); Sullivan

Excused:
Johns

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1172 was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 4: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the classification of agricultural land for property tax purposes.

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

SB 85: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

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

SB 86: FOR AN ACT ENTITLED, An Act to provide for calculations of sales tax revenues from sellers located outside of the state.

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

SB 140: FOR AN ACT ENTITLED, An Act to provide for the increase of higher education enrolled members of the nine federally recognized tribes in South Dakota at regental institutions.

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

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

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

SB 146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licenses for speech-language pathology services.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1157: FOR AN ACT ENTITLED, An Act to revise provisions regarding challenges to candidate nominating petitions.

Was read the second time.

The question being "Shall HB 1157 pass?"

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; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Hunhoff; Jensen (Kevin); 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:
Finck; Johns

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. Willadsen moved that HB 1234 be referred to the House Committee on Appropriations.

Which motion prevailed.

Rep. Qualm moved that HB 1120 and 1087 be deferred to Wednesday, February 13, 2019, the 23^rd legislative day.

Which motion prevailed.

Rep. Qualm moved that HB 1117 be placed to follow HB 1216 on today's calendar.

Which motion prevailed.

HB 1128: FOR AN ACT ENTITLED, An Act to revise provisions regarding the maximum term of promissory notes issued to municipalities.

Was read the second time.

Rep. Brunner moved that HB 1128 be amended as follows:

On page 2, line 3, of the printed bill, after "be" insert "issued".

Which motion prevailed.

The question being "Shall HB 1128 pass as amended?"

And the roll being called:

Yeas 62, Nays 7, Excused 1, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Gosch; Greenfield (Lana); Gross; Hammock; Healy; Howard; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Milstead; Miskimins; Olson; 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

Nays:
Frye-Mueller; Goodwin; Hansen; Mills; Mulally; Otten (Herman); Randolph

Excused:
Johns

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 1108: FOR AN ACT ENTITLED, An Act to prohibit certain gender identity instruction in public schools.

Was read the second time.

The question being "Shall HB 1108 pass as amended?"

And the roll being called:

Yeas 39, Nays 30, Excused 1, Absent 0

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

Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chase; Cwach; Duba; Duvall; Finck; Glanzer; Healy; Hunhoff; Johnson (David); Karr; Lake; Lesmeister; McCleerey; Olson; Peterson (Kent); Pourier; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie); Sullivan; Willadsen; Zikmund

Excused:
Johns

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.

Rep. Pischke moved that the title to HB 1108 be amended as follows:

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

Which motion prevailed and the title was so amended.

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

Was read the second time.

The question being "Shall HB 1071 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, 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); 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; Haugaard

Nays:
Livermont; Randolph

Excused:
Johns

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 1254: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.

Was read the second time.

The question being "Shall HB 1254 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); 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:
Johns

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 1259: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the second time.

The question being "Shall HB 1259 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); 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:
Johns

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 1261: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being "Shall HB 1261 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); 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:
Johns

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 1264: FOR AN ACT ENTITLED, An Act to authorize the payment of a self-insured retention on a cyber liability insurance policy from the extraordinary litigation fund, to make an appropriation for the payment of extraordinary litigation expenses, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1264 pass?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Anderson; 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); Johnson (Chris); Johnson (David); 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; Zikmund; Haugaard

Excused:
Bartels; Hunhoff; Johns; Karr; York

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 1155: FOR AN ACT ENTITLED, An Act to provide for certain privileged communications between social workers and students.

Was read the second time.

The question being "Shall HB 1155 pass?"

And the roll being called:

Yeas 50, Nays 13, Excused 7, Absent 0

Yeas:
Anderson; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Jensen (Kevin); Johnson (David); Koth; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Dennert; Frye-Mueller; Goodwin; Howard; Johnson (Chris); Latterell; Livermont; Marty; Mulally; Post; Randolph; Steele; Weis

Excused:
Bartels; Gosch; Hunhoff; Johns; Karr; Lake; Saba

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.

HJR 1004: A JOINT RESOLUTION, Rescinding House Joint Resolutions calling for a constitutional convention, or convention of the states, for the purpose of amending the Constitution of the United States.

Was read the second time.

The question being "Shall HJR 1004 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Anderson; Barthel; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Howard; Jensen (Kevin); Johnson (Chris); Johnson (David); 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; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Beal; Mulally

Excused:
Bartels; Gosch; Hunhoff; Johns; Karr; Saba

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.

HB 1066: FOR AN ACT ENTITLED, An Act to require students to take a citizenship test before graduating from high school.

Was read the second time.

Rep. Finck moved that HB 1066 be amended as follows:

On page 2, after line 7 of the House Education Committee engrossed bill, insert:

" Section 2. That chapter 13-3 be amended by adding a NEW SECTION to read:

Each student receiving alternative instruction pursuant to § 13-27-3 shall, at any time after beginning grade nine, take the citizenship test required of public and nonpublic school students in accordance with section 1 of this Act. The student may take the test as often as necessary to demonstrate proficiency. Upon completion, the student's score shall be submitted to the Department of Education.".

Rep. Brunner requested that Joint Rule 5-17 be invoked on HB 1066.

Which request was supported and HB 1066 with Rep. Finck's pending motion to amend was deferred until Wednesday, February 13, 2019, the 23^rd legislative day.

HB 1196: FOR AN ACT ENTITLED, An Act to provide a definition of blockchain technology for certain purposes.

Was read the second time.

The question being "Shall HB 1196 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

Yeas:
Anderson; 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; Jensen (Kevin); Johnson (Chris); Johnson (David); Koth; Lake; Latterell; Lesmeister; Livermont; Marty; McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Pourier; Qualm; Randolph; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Otten (Herman); Rasmussen

Excused:
Bartels; Gosch; Hunhoff; Johns; Karr; Saba

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 1198: FOR AN ACT ENTITLED, An Act to define activities that constitute human trafficking.

Was read the second time.

The question being "Shall HB 1198 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

Yeas:
Anderson; 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; Jensen (Kevin); Johnson (Chris); Johnson (David); 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; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen; York; Zikmund; Haugaard

Excused:
Bartels; Gosch; Hunhoff; Johns; Karr; Saba

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 1091: FOR AN ACT ENTITLED, An Act to provide for the selection of a lieutenant governor by a candidate for governor.

Was read the second time.

Rep. Qualm moved that HB 1091 be amended as follows:

On page 2, after line 11 of the printed bill, insert:

" Section 5. That § 12-7-1.2 be amended to read:

12-7-1.2. An independent candidate for Governor shall certify the candidate's selection for lieutenant governor to the secretary of state with the candidate's nominating petition by the second Tuesday in August preceding the general election. The candidate and the candidate's selection for lieutenant governor shall sign the certification before the nominating petitions are circulated. If an independent candidate for lieutenant governor withdraws, no independent candidate for Governor may have the candidate's name printed upon a ballot unless a replacement selection for lieutenant governor is certified to the secretary of state by the second Tuesday in August. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certification for lieutenant governor.

Section 6. That chapter 12-7 be amended by adding a NEW SECTION to read:

A candidate certified to be selected as lieutenant governor under § 12-7-1.2 shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's certification. A violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.".

Which motion prevailed.

The question being "Shall HB 1091 pass as amended?"

And the roll being called:

Yeas 48, Nays 16, Excused 6, Absent 0

Yeas:
Anderson; Barthel; Beal; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich; Duba; Duvall; Finck; Glanzer; Goodwin; Greenfield (Lana); Gross; Hammock; Hansen; Healy; Jensen (Kevin); Johnson (David); Koth; Lake; Lesmeister; McCleerey; Milstead; Miskimins; Olson; Peterson (Kent); Peterson (Sue); Pourier; Qualm; Rasmussen; Reed; Reimer; Ring; Rounds; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Wiese; Willadsen; York; Zikmund; Haugaard

Nays:
Brunner; Dennert; Frye-Mueller; Howard; Johnson (Chris); Latterell; Livermont; Marty; Mills; Mulally; Otten (Herman); Perry; Pischke; Post; Randolph; Weis

Excused:
Bartels; Gosch; Hunhoff; Johns; Karr; Saba

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 1103: FOR AN ACT ENTITLED, An Act to establish a lemon law for certain farm machinery.

Was read the second time.

Rep. Qualm moved that the balance of the calendar including HB 1103, 1216, 1117, 1118, and 1127 and SB 36 be deferred to Wednesday, February 13, 2019, the 23^rd legislative day.

Which motion prevailed.

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vote centers and precinct workers.

HB 1064: FOR AN ACT ENTITLED, An Act to authorize temporary appointments to the State Government Accountability Board.

HB 1098: FOR AN ACT ENTITLED, An Act to revise provisions regarding publication of official ballots in a legal newspaper.

HB 1121: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding health inspections of food service establishments.

And signed the same in the presence of the House.

Rep. Steele moved that the House do now adjourn, which motion prevailed and at
4:36 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk