House of Representatives Journal 2/21/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 21, 2018

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 George Dennert and Bess Seaman.

Roll Call: All members present except Reps. McPherson, Rounds, and Soli who were 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-fifth 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,

G. Mark Mickelson, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1160 and returns the same with the recommendation that said bill be amended as follows:

1160jf

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

"Section 1. That § 23A-28B-1 be amended to read:

23A-28B-1. Terms used in this chapter mean:

(1) "Claimant," any person entitled to apply for compensation pursuant to this chapter;

(2) "Commission," the South Dakota Crime Victims' Compensation Commission as established by § 23A-28B-3;

(3) "Crime," conduct that occurs or is attempted in this state, including that arising from domestic violence and acts of terrorism, as defined in 18 USC § 2331 as of January 1, 1997, which conduct results in personal injury or death and is punishable as a felony or misdemeanor, or would be so punishable except that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. However, the term does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, boat, or aircraft unless the conduct was intended to cause or did recklessly cause personal injury or death or unless the conduct constitutes a violation of § 32-23-1, 22-16-41, or 22-18-36;

(4) "Department," Department of ~~Social Services~~ Public Safety;

(5) "Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of the spouse of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death, including any child of the victim born after the victim's death;

(6) "Economic loss," medical and hospital expenses, loss of earnings, loss of future earnings, funeral and burial expenses, homicide scene cleanup expenses, limited personal property losses, mileage, security devices, and loss of economic benefits or support to dependents, including home maintenance and child care expenses;

(7) "Fund," the crime victims' compensation fund established by § 23A-28B-40;

(8) "Law enforcement officer," any person as defined in § 22-1-2;

(9) "Medical expense," the cost of all medical and dental services, mental health counseling, dental and prosthetic devices, eyeglasses or other corrective lenses, including services rendered in accordance with any method of healing recognized by the laws of this state or the United States;

(10) "Person," any natural person;

(11) "Personal injury," actual bodily harm or emotional distress;

(12) "Victim," any person who suffers personal injury or death as a direct result of:

(a) A crime, including a federal crime occurring in this state;

(b) A good faith effort by the person to prevent the commission of a crime; or

(13) "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the scene is a residence or an automobile, including removing, or attempting to remove, from the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. Compensation may be paid for services provided by persons who are not members of the immediate family of the victim, including the victim's spouse, parents, siblings and children, or persons who were not living with the victim at the time of the crime;

(14) "Personal Property losses," the replacement value of property, including clothing and bedding, used for evidentiary purposes;

(15) "Security devices," the cost to repair or install locks, door eyeholes, security lights, or other similar security and safety measures necessary to ensure the safety of the victim.

Section 2. That § 23A-28B-25 be amended to read:

23A-28B-25. No claim for compensation may be awarded:

(1) Unless an application for compensation is filed with the department within one year after the date of the personal injury or death and the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within ~~such~~ that period, within five days of the date when a report could reasonably have been made. The department may waive the one year application requirement for good cause shown;

(2) If the victim:

(a) Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or engaged in conduct which the victim should reasonably have foreseen could lead to the injury or death. However, this subsection does not apply to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of: a sex offense under chapter 22-22; human trafficking under chapter 22-49; domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability under chapter 22-46;

(b) Committed or otherwise participated in a crime which caused or contributed to the victim's injury or death;

(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or

(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.

Section 3. That § 1-36-35 be amended to read:

1-36-35. There is hereby created the Visitation Grant Advisory Group to allocate funds received by the Department of ~~Social Services~~ Public Safety through Part D of Title IV (U.S.C. 651-669). The advisory group shall be composed of three circuit court judges appointed by the Chief Justice of the Supreme Court, two members in good standing of the South Dakota Bar

Association with experience in the law of domestic relations, custody, and visitation appointed by the Governor, two at large members appointed by the Governor, and two legislators, one appointed by the speaker of the House of Representatives and one appointed by the president pro tempore of the Senate. The terms of the members of the first advisory group shall be:

(1) One-third selected for one-year terms;

(2) One-third selected for two-year terms; and

(3) One-third selected for three-year terms.
The term of each appointment to the advisory group is three years. No member may serve more than two consecutive three-year terms. The members may elect a chair from among the members. The advisory group shall be staffed by the Department of ~~Social Services~~ Public Safety.

Section 4. That § 25-10-30 be amended to read:

25-10-30. The Department of ~~Social Services~~ Public Safety shall promulgate rules pursuant to chapter 1-26 to:

(1) Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and

(2) Evaluate the programs and services provided by sexual assault or domestic violence shelters or service programs.

Section 5. That § 23A-28B-44 be amended to read:

23A-28B-44. ~~No application for compensation may be considered by the department or commission until July 1, 1992.~~ No award of compensation may be made for a crime that occurs ~~prior to~~ before July 1, 1992. "

1160jtc

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "transfer victim services from the Department of Social Services to the Department of Public Safety.".

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 1264 and returns the same with the recommendation that said bill be amended as follows:

1264oa

On page 1, line 12, of the printed bill, delete ", for" and insert ".".

On page 1, delete line 13.

On page 2, delete lines 1 to 24, inclusive.

On page 3, delete lines 1 to 4, inclusive.

1264ota

On page 1, line 3, of the printed bill, delete everything after "University" and insert ".".

On page 1, delete line 4.

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 1006 and returns the same with the recommendation that said resolution be amended as follows:

j1006oa

On page 2 of the printed resolution, delete lines 11 to 14, inclusive.

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 1203, 1261, and 1315 and HJR 1007 which were tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1008 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
SB 83 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 1297 and returns the same with the recommendation that said bill be amended as follows:

1297ba

On page 3, line 2, of the printed bill, overstrike everything after "." .

On page 3, overstrike lines 3 to 7, inclusive.

On page 3, after line 8, insert:

"Section 2. That the code be amended by adding a NEW SECTION to read:

"If a school district has irrevocably pledged taxes collected to the payment of principal and interest on installment purchase contracts or capital outlay certificates entered into or issued pursuant to § 13-16-6 or 13-16-6.2 or lease-purchase agreements or other arrangements with the Health and Educational Facilities Authority prior to July 1, 2016, that school district may raise taxes allowed pursuant to this Act in an amount necessary to fund those payments and obligations and to provide additional funding of up to two thousand eight hundred dollars for each enrolled student as determined in the fall enrollment count set forth in § 13-13-10.1.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
SB 80 and returns the same with the recommendation that said bill be amended as follows:

80aa

On page 1, line 7, of the Senate Education Committee engrossed bill, after "2018," insert "and without any previous service on the board,".

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

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
SB 89 and returns the same with the recommendation that said bill be amended as follows:

89aa

On page 1, line 9, of the Senate Education Committee engrossed bill, after "2018," insert "and without any previous service on the board,".

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

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 61 and 64 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1132 and returns the same with the recommendation that said bill be amended as follows:

1132aa

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

"Section 1. That chapter 35-2 be amended by adding a NEW SECTION to read:

Notwithstanding the provisions of §§ 35-2-6.4 and 35-4-52, a manufacturer, wholesaler, or an agent of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer licensee if the retailer licensee has on the licensed premises at least one room or area for which the maximum occupancy approved by the state fire marshal under § 34-29B-2 is at least seven hundred fifty persons."

1132ata

On page 1, line 1 of the printed bill, delete everything after "revise the" and insert "sponsorship and advertising agreements between certain alcoholic beverage licensees.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1285 and returns the same with the recommendation that said bill be amended as follows:

1285ad

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

"Section 1. That chapter 22-24B be amended by adding a NEW SECTION to read:

Any person who regularly travels to a secondary registered location or address that is located in the community safety zone, and inhabits the location for more than twenty-four hours shall verbally notify the law enforcement of jurisdiction prior to arriving at the location or residence.

Section 2. That § 22-24B-23 be amended to read:

22-24B-23. No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:

(1) The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;

(2) The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;

(3) The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;

(4) The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone;

(5) The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;

(6) The person established and inhabited the residence ~~prior to~~ as of July 1, 2006;

(7) The school, public park, public pool, or public playground was built or established subsequent to the person's establishing residence at the location; or

(8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.

A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony. "

1285ja

On the previously adopted amendment (1285ad), on line 1 of the first paragraph, delete "regularly".

On the previously adopted amendment (1285ad), after the period in the first paragraph, insert "A violation of this section is a Class 1 misdemeanor.".

1285ata

On page 1, line 1, of the printed bill, delete "accommodate legislation" and insert "revise certain provisions".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1170 and returns the same with the recommendation that said bill be amended as follows:

1170jf

On page 1, line 12, of the printed bill, after "allows" delete "an".

On page 1, delete line 13, and insert "a notary public".

On page 1, line 14, after "state" insert "and a remotely located individual".

On page 1, line 14, after "sound" insert "or that, as necessary, makes reasonable accommodations for an individual with vision, hearing, or speech impairments".

On page 2, between lines 4 and 5, insert:

"(5) "Foreign state," a government other than the United States, a state, or federally recognized Indian tribe;".

On page 2, line 5, delete "(5)" and insert "(6)".

On page 2, line 7, after "from" delete "a" and after "data" delete "source" and insert "sources".

On page 2, line 8, delete "(6)" and insert "(7)".

On page 2, line 15, delete "(7)" and insert "(8)".

On page 2, line 20, delete "(8)" and insert "(9)".

On page 2, line 22, delete "(9)" and insert "(10)".

On page 2, line 24, delete "(10)" and insert "(11)".

On page 3, between lines 1 and 2, insert:

"(12) "Outside the United States," outside the geographic boundaries of the United States, Puerto Rico, the U.S. Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States;".

On page 3, line 2, delete "(11)" and insert "(13)".

On page 3, line 6, delete "(12)" and insert "(14)".

On page 3, between lines 7 and 8, insert:

"(15) "Remotely located individual," a person who is not in the physical presence of the notary;".

On page 3, line 8, delete "(13)" and insert "(16)".

On page 3, line 11, delete "(14)" and insert "(17)".

On page 3, line 13, delete "(15)" and insert "(18)".

On page 3, line 16, delete "(16)" and insert "(19)".

On page 3, line 19, delete "(17)" and insert "(20)".

On page 3, line 22, delete "June 30, 2018" and insert "June 30, 2019".

On page 8, delete lines 5 and 6.

On page 9, delete lines 1 to 24, inclusive, and insert "act relating to a statement made in or signature executed on a record by a remotely located individual if:

(1) The notary public has personal knowledge of the identity of the individual or satisfactory evidence of the identity of the individual as provided in section 7 of this Act;

(2) The notarial act relates to an electronic record or signature, or the acknowledgment of a signature on a tangible record;

(3) The notary public is reasonably able to identify the record before the notary public as the same record in which the remotely located individual made the statement or on which the remotely located individual executed the signature;

(4) The notary public, or a person acting on behalf of the notary public, creates an audio-visual copy of the performance of the notarial act; and

(5) If a remotely located individual is located outside the United States:

(a) The record is to be filed with or relates to a matter before a court, governmental entity, public official, or other entity under the jurisdiction of the United States, involves property located in the territorial jurisdiction of the United States, or involves a transaction substantially connected with the United States;

(b) The act of making a statement or signing the record is not prohibited by the foreign state that the remotely located individual is located.

In addition to the methods permitted by section 7 of this Act, a notary public has satisfactory evidence of the identity of a remotely located individual if the notary public reasonably can identify the individual by at least two forms of identity proofing.".

On page 10, line 3, after "individual" insert "located in a foreign state".

On page 10, line 3, delete "required by".

On page 10, line 4, delete "section 20 of this Act must" and insert "must also".

On page 10, line 5, delete "was located outside the notary's physical" and insert "was physically located in a foreign state".

On page 10, line 6, delete "presence".

On page 10, line 8, delete "video and audio" and insert "audio-visual".

On page 10, line 9, delete everything after "technology" and insert " for ten years from the date of performance. Upon suspension or revocation of a notary public's commission or upon death or incapacity, the notary public or guardian, conservator, or personal representative of an incapacitated or deceased notary public shall retain a copy of the notarial act for ten years. In lieu of retaining copies as required by this section, the copies may be held by a repository designated by or on behalf of the notary public.

The notary public shall notify the secretary of state of the location where the copies are maintained, including any changes in location or status. Notification shall be on a form created by the secretary of state.".

On page 10, delete line 10.

On page 11, line 4, delete "section 20" and insert "section 19".

On page 11, line 6, delete "section 22" and insert "section 21".

On page 11, line 20, delete everything after "." .

On page 11, delete lines 21 and 22.

On page 14, delete lines 14 to 24, inclusive, and insert:

"If a notarial act involves a statement made or a signature executed on a record by a remotely located individual, the certificate of a notarial act required by section 19 of this Act and the short form certificate required by section 21 of this Act must also indicate the individual was remotely located. A short form certificate for a notarial act subject to this section is sufficient if it is in the form provided by section 19 of this Act and substantially states, "This notarial act involved a statement made or a signature executed by a remotely located individual using communication technology.".".

Delete pages 15 and 16, inclusive.

On page 17, delete lines 1 to 5, inclusive.

On page 17, line 12, delete everything after "." .

On page 17, delete lines 13 to 15, inclusive.

On page 18, line 16, delete everything after "." and insert "A journal".

On page 18, line 17, delete ", it" and after the second format insert ".".

On page 18, delete line 18.

On page 19, delete lines 6 to 16, inclusive, and insert:

"Upon suspension or revocation of a notary public's commission or upon death or incapacity, the notary public or guardian, conservator, or personal representative of an incapacitated or deceased notary public shall retain the journal for ten years. In lieu of retaining a journal as required by this section, the journal may be held by a repository designated by or on behalf of the notary public.

The notary public shall notify the secretary of state of the location where the notary public's journal is maintained, including any changes in location or status. Notification shall be on a form created by the secretary of state.".

On page 19, line 24, delete everything after "." and insert "Notification shall be on a form created by the secretary of state.".

Delete pages 20 and 21, inclusive

On page 22, delete lines 1 and 2.

On page 23, delete lines 19 to 24, inclusive.

Delete page 24.

On page 25, delete lines 1 to 8, inclusive.

On page 25, line 10, delete "July 1, 2018" and insert "July 1, 2019".

On page 25, line 12, delete "2018" and insert "2019".

On page 25, line 13, delete "July 1, 2018" and insert "July 1, 2019".

On page 25, line 15, delete "July 1, 2018" and insert "July 1, 2019".

On page 26, line 5, delete "petty offense" and insert "Class 2 misdemeanor".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1281 and returns the same with the recommendation that said bill be amended as follows:

1281wa

On page 1, line 10, of the printed bill, after "Corrections" insert ", or any other lawful sentence".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill be amended as follows:

62ja

On page 5, of the Senate engrossed bill, delete line 6 and insert "2 of this Act the information holder".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1283 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

1067fb

On page 1 of the printed bill, delete line 5, and insert "For the purposes of this Act, the term, farm winery, means".

On page 1, line 6, delete "(1) "Farm winery,"".

On page 1, line 10, delete ";" and insert ".".

On page 1, delete lines 11 and 12.

On page 1, delete lines 14 and 15, and insert:

"The fee for a farm winery license is five hundred dollars.".

On page 2, delete line 1.

On page 2, line 10, delete "or on a wine manufacturer".

On page 2, line 16, delete "a period of one year" and insert "the period covered by the license".

On page 3, delete lines 15 to 19, inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

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

1200wc

On page 1, line 9, of the printed bill, after "~~additional~~" insert "or lease".

On page 1, line 12, after "issued" insert "or leased".

On page 1, line 14, after "issued" insert "or leased".

On page 1, line 15, after "issued" insert "or leased".

On page 2, line 2, after "issued" insert "or leased".

On page 2, line 6, remove the overstrikes from "~~at least~~".

On page 2, line 8, remove the overstrikes from "~~at least~~".

On page 2, line 16, delete everything after "fee." .

On page 2, delete lines 17 and 18.

On page 3, line 10, delete "ten" and insert "seven".

On page 4, delete lines 5 to 24, inclusive, and insert:

"Section 5. That § 35-4-120 be repealed.

35-4-120. Upon the adoption of an ordinance pursuant to § 35-4-111, any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) between January 1, 2003, and January 1, 2008, and who owned the license on January 1, 2008, shall report to the municipality or county that issued the license the amount paid for the license. If the municipality or county that issued the on-sale license adopts an ordinance pursuant to § 35-4-111, and requests from any other licensee the amount originally paid for any other on-sale license pursuant to § 35-4-117, the licensee shall report that amount to the municipality or county. The declared purchase price shall be made under oath and shall include the documents establishing the amount paid for the on-sale license. If the transaction included other personal property or real property, the full market value of such property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license on January 1, 2008, has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to § 35-4-117, any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the municipality or county within thirty days of the date the license fee is set pursuant to § 35-4-116. If an objection is filed, the governing board of the municipality or county shall conduct a hearing to determine the fair market value of the license. The determination of the governing board may be appealed to circuit court. ".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1313 and returns the same with the recommendation that said bill be amended as follows:

1313wa

On page 8, line 10, of the printed bill, delete "or retailer".

1313wb

On page 2, line 19, of the printed bill, delete everything after "year" .

On page 2, line 20, delete everything before "." .

1313fa

On page 2, line 19, of the printed bill, delete "a period of one year" and insert "the period covered by the license".

And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1017, 1031, 1050, 1052, 1084, 1085, 1095, 1096, 1097, 1100, 1112, 1219, 1244, and 1249 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1018, 1023, 1024, 1042, 1043, 1060, 1061, 1062, 1065, 1071, 1074, 1076, 1099, 1113, 1115, 1119, 1127, 1143, 1148, and 1214 were delivered to his Excellency, the Governor, for his approval at 10:35 a.m., February 21, 2018.

Respectfully submitted,
G. Mark Mickelson, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1079 and 1205 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1123 was lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

I have the honor to return herewith HB 1017, 1031, 1050, 1052, 1084, 1085, 1095, 1096, 1097, 1100, 1112, 1219, 1244, and 1249 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 81, 93, 97, and 191 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 15 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Rep. Anderson announced his intention to reconsider the vote by which
HB 1318 lost.

Rep. Anderson moved that the House do now reconsider the vote by which HB 1318 lost.

The question being on Rep. Anderson's motion to reconsider the vote by which HB 1318 lost.

And the roll being called:

Yeas 50, Nays 16, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Conzet; Diedrich; DiSanto; Duvall; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Campbell; Clark; Dennert; Frye-Mueller; Goodwin; Gosch; Howard; Johnson; Kaiser; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen

Excused:
McPherson; Rounds; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1318 was up for reconsideration and final passage.

Rep. Anderson moved that HB 1318 be placed on the calendar of Thursday, February 22, 2018, the 27^th legislative day.

The question being on Rep. Anderson's motion that HB 1318 be placed on the calendar of Thursday, February 22, 2018, the 27^th legislative day.

And the roll being called:

Yeas 55, Nays 11, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Conzet; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lake; Lesmeister; Lust; Marty; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Clark; Dennert; Gosch; Howard; Johnson; Kaiser; Latterell; Livermont; May; Peterson (Sue); Pischke

Excused:
McPherson; Rounds; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1318 was so placed.

Yesterday, Rep. Rhoden announced his intention to reconsider the vote by which SB 25 lost.

Rep. Rhoden moved that the House do now reconsider the vote by which SB 25 lost and place the bill on today's calendar at the top of Second Reading of Senate Bills and Resolutions.

The question being on Rep. Rhoden's motion to reconsider the vote by which SB 25 lost and place the bill on today's calendar at the top of Second Reading of Senate Bills and Resolutions.

And the roll being called:

Yeas 58, Nays 8, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Diedrich; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lesmeister; Lust; Marty; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Dennert; Frye-Mueller; Greenfield (Lana); Kaiser; Livermont; May; Mills; Pischke

Excused:
McPherson; Rounds; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 25 was up for reconsideration and final passage, and the bill was so placed.

HCR 1012 Introduced by: Representatives Peterson (Kent), Bartling, Chase, Duvall, Glanzer, Lake, Rozum, Schoenfish, and Tulson and Senators Frerichs, Klumb, and Youngberg

A CONCURRENT RESOLUTION, Urging the United States Environmental Protection Agency (EPA) to identify a regulatory path to provide Reid vapor pressure (RVP) relief to E15.

WHEREAS, the EPA's current RVP waiver is limited to E10, a blend of 90 percent gasoline and 10 percent renewable biofuel; and

WHEREAS, the current RVP rules effectively prohibit E15, a blend of 85 percent gasoline and 15 percent renewable biofuel, to be sold year-round in states that would otherwise permit year-round E15 sales; and

WHEREAS, commodity surpluses and low prices in recent years have put America's farms in financial crisis and net farm income saw its deepest decline since the Great Depression during the period from 2013 to 2016; and

WHEREAS, biofuels can reverse these troubling trends, balance commodity markets, and stabilize farm income; and

WHEREAS, the EPA has an unprecedented opportunity to improve the livelihoods of farmers in South Dakota and across the heartland by eliminating unnecessary red tape and allowing E15 to be sold year-round; and

WHEREAS, as consumers learn more, they are excited to have renewable, homegrown options to help clean the air and cut dependence on foreign oil; and

WHEREAS, American drivers have surpassed three billion miles driven using E15; and

WHEREAS, E15 is the most tested fuel in history and has been approved by the EPA for all vehicles 2001 and newer, nearly nine out of ten cars on the road today; and

WHEREAS, today more than 1,300 locations across twenty-nine states are offering E15 to drivers and demand for E15 continues to grow; and

WHEREAS, E15 saves drivers an average of five to ten cents per gallon, and lifting confusing regulations will allow fuel retailers to offer less expensive options at the gas pump year-round; and

WHEREAS, during the summer months alone, E15 can reduce greenhouse gas emissions equivalent to taking 2.1 million vehicles off the road; and

WHEREAS, E15 can lower the public health impacts from transportation emissions, including reducing risks associated with cancer and asthma; and

WHEREAS, greater certainty in the marketplace will fuel innovation and investment in the next generation of advanced and cellulosic biofuels; and

WHEREAS, biofuels displaced over 500 million barrels of imported oil in 2016, and giving consumers the freedom to choose homegrown biofuels reduces dependence on imported oil and helps grow jobs at home; and

WHEREAS, full implementation of E15 will create another two billion bushels of corn demand for farmers, balancing commodities in the near-term and expanding opportunities for South Dakota agriculture and rural communities:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Third Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the United States Environmental Protection Agency to identify a regulatory path to extend a Reid vapor pressure waiver to E15.

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

SCR 15: A CONCURRENT RESOLUTION, making formal application to the United States Congress to lawfully change the medical enrollment criteria for the Veterans Health Administration, to include all veterans who served in World War II and the Korean War and who received an honorable discharge or discharge under honorable conditions for their service regardless of current income status.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

House Committee on Appropriations on HB 1128 as found on page 484 of the House Journal; also

Transportation on SCR 12 as found on page 485 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 81: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the building South Dakota fund and the programs funded thereunder.

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

SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the intentional exposure of others to certain diseases.

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

SB 97: FOR AN ACT ENTITLED, An Act to provide a special motor vehicle license plate for certain women veterans.

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

SB 191: FOR AN ACT ENTITLED, An Act to provide certain venue for enforcement of protection orders and conditions for no contact.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1258: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding aviation.

Was read the second time.

The question being “Shall HB 1258 pass as amended?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Excused:
McPherson; Rounds; Soli; Zikmund

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 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of snowmobiles.

Was read the second time.

The question being “Shall SB 41 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
McPherson; Rounds; Soli; Zikmund

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 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of a motor vehicle title.

Was read the second time.

The question being “Shall SB 42 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Excused:
McPherson; Rounds; Soli; Zikmund

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 1286 be deferred to Friday, February 23, 2018, the 28^th legislative day.

Which motion prevailed.

HB 1240: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay funding for schools.

Was read the second time.

Rep. Duvall moved that HB 1240 be laid on the table.

The question being on Rep. Duvall's motion that HB 1240 be laid on the table.

And the roll being called:

Yeas 62, Nays 4, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Speaker Mickelson

Nays:
Beal; Johns; McCleerey; Stevens

Excused:
McPherson; Rounds; Soli; Zikmund

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1240 was tabled.

HB 1234: FOR AN ACT ENTITLED, An Act to provide for certain requirements prior to construction of wind energy facilities.

Was read the second time.

1234wb

Rep. Gosch moved that HB 1234 be amended as follows:

On page 4, line 3, of the House Commerce and Energy Committee engrossed bill, delete "not otherwise subject to § 49-41B-2" and insert "with a combined megawatt capability of the facility's turbines of greater than five and less than one hundred megawatts".

Which motion prevailed.

The question being “Shall HB 1234 pass as amended?”

And the roll being called:

Yeas 56, Nays 11, Excused 3, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Clark; Conzet; Dennert; Diedrich; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Lake; Latterell; Lesmeister; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Schaefer; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Chase; Duvall; Hawley; Kettwig; Lust; McCleerey; Ring; Rozum; Schoenfish; Turbiville; Wismer

Excused:
McPherson; Rounds; Soli

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 1311: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding legislator salaries.

Was read the second time.

The question being “Shall HB 1311 pass?”

And the roll being called:

Yeas 50, Nays 16, Excused 4, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Conzet; Dennert; DiSanto; Glanzer; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Hunhoff; Jamison; Jensen (Kevin); Johns; Karr; Kettwig; Lesmeister; Livermont; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Smith; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Carson; Chase; Clark; Diedrich; Duvall; Frye-Mueller; Goodwin; Holmes; Howard; Johnson; Kaiser; Lake; Latterell; Marty; Schoenfish; Turbiville

Excused:
Anderson; McPherson; Rounds; Soli

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 1287: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding multiple employer trusts.

Was read the second time.

1287wb

Rep. DiSanto moved that HB 1287 be amended as follows:

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

"Section 1. That § 58-18-88 be amended to read:

58-18-88. A self-funded multiple employer trust, as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, paragraph 40, that is sponsored by an association under subdivision (2), may be authorized by the director if the multiple employer trust meets all of the following conditions:

(1) The multiple employer trust is administered by an authorized insurer or a licensed or registered third-party administrator;

(2) The multiple employer trust ~~meets all of the requirements of § 58-18B-59~~ is sponsored and maintained by at least one bona fide association of employers that is organized under the laws of this or any other state and has a governing charter, bylaws, and a board of directors;

(3) The multiple employer trust is established by a homogenous trade, industry, or professional association of employers that has a constitution or bylaws, ~~is organized under the laws of South Dakota~~ and has been maintained in good faith for purposes other than providing insurance ~~for at least ten continuous years~~. Each sponsoring association under subdivision (2) shall be comprised of twenty-five or more members, all of whom are in the same trade or industry;

(4) The association sponsoring the multiple employer trust under subdivision (2) is engaged in substantial activity for its members other than sponsorship of an employer welfare benefit plan;

(5) The association sponsoring the multiple employer trust is a nonprofit entity ~~organized under applicable South Dakota law~~;

(6) The multiple employer trust, upon authorization by the director, participates in the South Dakota Life and Health Insurance Guaranty Association pursuant to chapter 58-29C and is a member pursuant to subdivision 58-29C-48(12) regarding employers and employees in this state participating in the multiple employer trust plan;

(7) The multiple employer trust:

(a) Meets the capital and surplus requirements of § 58-6-23;

(b) Meets the risk based capital requirements of § 58-4-48;

(d) Invests its assets pursuant to the requirements of chapters 58-26 and 58-27;

(e) Is subject to chapter 58-3 on the same basis as insurers;

(f) Is subject to the insurers supervision, rehabilitation, and liquidation provisions of chapter 58-29B;

(8) Before application for an authorization is made, the multiple employer trust shall have received an application for participation from two or more members of the association who are employers with an aggregate of two hundred or more covered employees; and

(9) The director, after consideration of the impact on the insurance-buying public, has determined that the arrangement is in the best interest of the public.

The director may authorize a multiple employer trust that is not an association meeting the requirements of subdivisions (2) to (5), inclusive, of this section, if the multiple employer trust is comprised exclusively of employers engaged in a common industry for which there is some degree of common ownership, the ownership of two or more participating employers has existed since July 1, 2007, the employers forming the trust were previously providing health benefits collectively to their employees in this state, and the director finds that authorizing the multiple employer trust pursuant to this section is in the public interest.

Section 2. That § 58-18-90 be amended to read:

58-18-90. Except as otherwise provided in ~~§§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59, a~~ this chapter, an authorized multiple employer trust ~~organized pursuant to §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ may not be deemed to be or considered to be an insurance company or association of any kind or character under ~~Title 58~~ this title, or subject to the provisions of §§ 58-8-6 to 58-8-19, inclusive.

Section 3. That § 58-18-91 be amended to read:

    58-18-91. A multiple employer trust authorized ~~by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ pursuant to this chapter may have its authorization suspended or revoked by the director for violating any ~~provision of §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ applicable provision of this title or because its capital is impaired~~, and in either instance the~~. The director may take action in lieu of suspension or revocation as though the trust were an insurer as provided by § 58-4-28.1.

    Section 4. That § 58-18-93 be amended to read:

58-18-93. No agent may sell, solicit, or negotiate a self-funded multiple employer trust authorized ~~by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ pursuant to this chapter unless the agent is licensed to sell life and health insurance pursuant to chapter 58-30.

Section 5. That § 58-18-94 be amended to read:

58-18-94. The provisions of ~~§§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ this chapter regarding the authorization of multiple employer trusts do not apply to any single employer self-funded plan as preempted by Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144 or any arrangement exempted pursuant to § 1-24-17. A An authorized self-funded multiple employer trust ~~authorized by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ may include as participating employers both small employers and large employers.

Which motion prevailed.

The question being “Shall HB 1287 pass as amended?”

And the roll being called:

Yeas 34, Nays 32, Excused 4, Absent 0

Yeas:
Ahlers; Bordeaux; Campbell; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Haugaard; Heinemann; Howard; Jensen (Kevin); Kaiser; Karr; Kettwig; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Ring; Smith; Steinhauer; Wiese; Zikmund; Speaker Mickelson

Nays:
Bartels; Barthel; Bartling; Beal; Brunner; Carson; Chase; Clark; Conzet; Diedrich; Duvall; Glanzer; Greenfield (Lana); Hawley; Holmes; Hunhoff; Jamison; Johns; Johnson; Lake; Lust; Mills; Reed; Rozum; Schaefer; Schoenfish; Stevens; Tulson; Turbiville; Willadsen; Wismer; York

Excused:
Anderson; McPherson; Rounds; Soli

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Speaker Pro tempore Haugaard now presiding.

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a Constitutional amendment to revise certain provisions relating to the rights of crime victims.

Was read the second time.

The question being “Shall HJR 1004 pass as amended?”

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Anderson; Beal; McPherson; Rounds; Soli

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 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding rights for crime victims.

Was read the second time.

1174je

Rep. Mickelson moved that HB 1174 be amended as follows:

On page 2, line 24, of the House State Affairs Committee engrossed bill, after "title" insert "and if the victim is a child, pursuant to § 26-8A-13".

On page 3, line 4, delete "child protection team members, as defined in § 26-8A-17" and insert "Department of Social Services child protection staff".

On page 3, line 6, before "." insert "if the additional member would benefit the victim".

Which motion prevailed.

The question being “Shall HB 1174 pass as amended?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Anderson; McPherson; Rounds; Soli

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 1162: FOR AN ACT ENTITLED, An Act to increase a surcharge to increase revenues to the crime victims' compensation fund and to revise certain provisions of the crime victim compensation program fund.

Was read the second time.

The question being “Shall HB 1162 pass?”

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Goodwin

Excused:
Anderson; McPherson; Rounds; Soli

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 1201: FOR AN ACT ENTITLED, An Act to require certain information on a ballot regarding any initiated measure.

Was read the second time.

The question being “Shall HB 1201 pass as amended?”

And the roll being called:

Yeas 34, Nays 32, Excused 4, Absent 0

Yeas:
Barthel; Beal; Carson; Diedrich; DiSanto; Frye-Mueller; Glanzer; Gosch; Haugaard; Heinemann; Holmes; Jamison; Jensen (Kevin); Johnson; Latterell; Lust; Marty; May; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Rozum; Schaefer; Steinhauer; Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; Duvall; Goodwin; Greenfield (Lana); Hawley; Howard; Hunhoff; Johns; Kaiser; Karr; Kettwig; Lake; Lesmeister; Livermont; McCleerey; Mills; Ring; Schoenfish; Smith; Stevens; Tulson; Wismer; York

Excused:
Anderson; McPherson; Rounds; Soli

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Speaker Mickelson now presiding.

HB 1150: FOR AN ACT ENTITLED, An Act to require a certain number of crew on a train under certain conditions.

Was read the second time.

1150oa

Rep. Frye-Mueller moved that HB 1150 be amended as follows:

On page 1, between lines 9 and 10 of the printed bill, insert:

"Section 2. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, the term, hostler service, means any service provided by a railroad employee who moves a locomotive within the confines of a locomotive repair area, service area, or railroad yard.

Section 3. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, the term, utility service, means any service of a railroad employee assigned to and functioning as a temporary member of a train or yard crew whose primary function is to assist the train or yard crew in the assembly, disassembly, or classification of any rail car in the operation of a train.

Section 4. That the code be amended by adding a NEW SECTION to read:

The provisions of this Act are applicable only to the general railroad system of transportation.".

Which motion prevailed.

The question being “Shall HB 1150 pass as amended?”

And the roll being called:

Yeas 12, Nays 53, Excused 5, Absent 0

Yeas:
Bordeaux; Campbell; Diedrich; Frye-Mueller; Goodwin; Greenfield (Lana); Johnson; Livermont; Marty; Ring; Schoenfish; Smith

Nays:
Ahlers; Bartels; Barthel; Bartling; Beal; Brunner; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Gosch; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Kaiser; Karr; Kettwig; Lake; Lesmeister; Lust; May; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Rozum; Schaefer; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Anderson; Latterell; McPherson; Rounds; Soli

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

HB 1275: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding ballot measure petition circulation.

Was read the second time.

The question being “Shall HB 1275 pass as amended?”

And the roll being called:

Yeas 20, Nays 45, Excused 5, Absent 0

Yeas:
Beal; Campbell; DiSanto; Frye-Mueller; Goodwin; Gosch; Haugaard; Howard; Johnson; Karr; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Steinhauer; Wiese; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; Duvall; Glanzer; Greenfield (Lana); Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Kaiser; Kettwig; Lake; Lesmeister; Lust; McCleerey; Otten (Herman); Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Stevens; Tulson; Turbiville; Willadsen; Wismer; York

Excused:
Anderson; Latterell; McPherson; Rounds; Soli

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

HB 1309: FOR AN ACT ENTITLED, An Act to provide for a periodic review of the sales and use tax exemptions.

Was read the second time.

1309fc

Rep. May moved that HB 1309 be amended as follows:

On the House Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That chapter 2-6 be amended by adding a NEW SECTION to read:

The sales and use tax exemptions provided under the provisions of chapters 10-45, 10-46, and 10-46E shall be reviewed by the standing committees established to review taxation legislation. The committees shall evaluate whether the tax exemptions shall be retained or repealed before January 1, 2023, and every four years thereafter."

Which motion prevailed.

The question being “Shall HB 1309 pass as amended?”

And the roll being called:

Yeas 31, Nays 34, Excused 5, Absent 0

Yeas:
Beal; Campbell; Clark; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lesmeister; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Rasmussen; Reed; Schaefer; Steinhauer; Stevens; Tulson; Wiese; York; Zikmund

Nays:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Brunner; Carson; Chase; Conzet; Dennert; Diedrich; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Lake; Lust; McCleerey; Otten (Herman); Peterson (Kent); Qualm; Rhoden; Ring; Rozum; Schoenfish; Smith; Turbiville; Willadsen; Wismer; Speaker Mickelson

Excused:
Anderson; Latterell; McPherson; Rounds; Soli

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 25: FOR AN ACT ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.

Having had its second reading.

The question being “Shall SB 25 pass?”

And the roll being called:

Yeas 51, Nays 14, Excused 5, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Diedrich; DiSanto; Duvall; Glanzer; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Campbell; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Kaiser; Livermont; Marty; May; Mills; Pischke; Steinhauer

Excused:
Anderson; Latterell; McPherson; Rounds; Soli

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

Rep. Qualm moved that the balance of the calendar including SB 90, 50, 51, 53, 54, 156, 58, 110, 164, and 46 be deferred to Thursday, February 22, 2018, the 27^th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5 - Reports of Standing Committees.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1133, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1133ka

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

"Section 1. That § 32-23-21 be amended to read:

32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive, operate, or be in actual physical control of any vehicle:

(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by chemical analysis of the person's breath, blood, or other bodily substance; or

(2) After having consumed marijuana or any controlled drug or substance not obtained pursuant to a valid prescription for as long as physical evidence of the consumption remains present in the person's body.

If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall suspend that person's driver's license or operating privilege for a period of thirty days for a first offense, one hundred eighty days for a second offense, or one year for any third or subsequent offense. However, the court may, upon proof of financial responsibility pursuant to § 32-35.43.1, issue an order permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at counseling programs. "

1133kta

On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise certain provisions regarding operating a vehicle after consumption of a controlled drug or substance.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1079: FOR AN ACT ENTITLED, An Act to authorize certain physical therapists to perform dry needling as a treatment technique.

HB 1205: FOR AN ACT ENTITLED, An Act to require certain health benefit plans to provide coverage to persons with a serious medical condition for certain dental care services.

HB 1017: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2017.

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions and references regarding real estate licensing.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prompt payment act.

HB 1052: FOR AN ACT ENTITLED, An Act to authorize the executive director of the Board of Pardons and Paroles to issue a warrant in the event of any escape from extended confinement.

HB 1084: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding garnishment disclosure forms.

HB 1085: FOR AN ACT ENTITLED, An Act to adopt the Uniform Unsworn Domestic Declarations Act.

HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.

HB 1096: FOR AN ACT ENTITLED, An Act to provide jurisdiction to magistrate judges for HOPE probation programs and to declare an emergency.

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over vulnerable adult protective or restraining orders.

HB 1100: FOR AN ACT ENTITLED, An Act to require a name be printed on public contracts.

HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contested paternity.

HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in hunting.

HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.

HB 1249: FOR AN ACT ENTITLED, An Act to authorize the training of tribal law officers at the Law Enforcement Training Center.

SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration for pesticide products.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax on endoparasiticides and ectoparasiticides.

SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding pharmacy benefits management.

And signed the same in the presence of the House.

Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:50 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk