JOURNAL OF THE HOUSE

NINETY-THIRD SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 23, 2018

    The House convened at 1:30 p.m., pursuant to adjournment, the Speaker presiding.

    The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by House pages Keith Grant and Annabelle Simpson.

    Roll Call: All members present except Reps. Duvall, McPherson, Otten, 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-seventh 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
SB 9, 11, 13, 20, and 44 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 10 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 43 and returns the same with the recommendation that said bill be amended as follows:

43wa

    On page 7, after line 4 of the printed bill, insert:

    "Section 4. That § 42-7B-12 be amended to read:

    42-7B-12. Any person aggrieved by a final action of the commission may appeal the final action to the circuit court pursuant to in accordance with the provisions of chapter 1-26. Notice of appeal shall, however, be filed in writing with the commission and clerk of courts, within ten days from any final action of the commission. However, however any denial of an application for a license under § 42-7B-19 is not appealable. ".


    And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration
SB 117 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 119 and 151 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 73 and 114 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration
SB 106, 139, and 167 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

165fa

    On page 2, line 23, of the Senate Judiciary Committee engrossed bill, delete everything after "form" and insert "on its website labeled, parenting time enforcement. The form shall include the following information:

            (1)    The court case number;

            (2)    The name of the custodial parent and the name of the noncustodial parent;

            (3)    The name and date of birth of each child;
            (4)    The reasons for the petition, including the last date of visitation and number of visitations in the last twelve months; and

            (5)    The petitioner's contact information.".

    On page 2, delete line 24.

    Delete pages 3 to 5, inclusive

165ja

    On page 1, line 7, of the Senate Judiciary Committee engrossed bill, delete everything after "has" and insert "willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the".

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

185kb

    On page 1, between lines 10 and 11 of the Senate engrossed bill, insert:

    "Nothing in this section requires a state's attorney to place any arrested person into a diversion program or to otherwise create or implement a diversion program.".


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

140ja

    On page 1, line 12, of the Senate Judiciary Committee engrossed bill, after "child" insert "consistent with each parent's demonstrated participation in the child's life".

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

Respectfully submitted,
Mike Stevens, Chair
Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1101, 1147, 1159, 1173, and 1185 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1101, 1147, 1159, 1173, and 1185 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1011 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 100, 169, 173, and 176 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1010 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    Rep. Qualm moved that SCR 9 and 16 be deferred to Monday, February 26, 2018, the 29th legislative day.

    Which motion prevailed.

    Rep. Ahlers moved that the House do concur in Senate amendments to HB 1077.

    The question being on Rep. Ahlers' motion that the House do concur in Senate amendments to HB 1077.

    And the roll being called:

    Yeas 60, Nays 1, Excused 9, Absent 0

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

    Nays:
Latterell

    Excused:
Beal; Carson; Duvall; Kettwig; McPherson; Otten (Herman); Rounds; Smith; Soli

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

    HR 1001: A RESOLUTION, To show continued support for local control.

    Was read the second time.

    Rep. Rasmussen moved that HR 1001 as found on page 550 of the House Journal be adopted.

    The question being on Rep. Rasmussen's motion that HR 1001 be adopted.

    And the roll being called:

    Yeas 61, Nays 0, Excused 9, Absent 0

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

    Excused:
Beal; Carson; Duvall; Kettwig; McPherson; Otten (Herman); Rounds; Smith; Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HR 1001 was adopted.

    SCR 8: A CONCURRENT RESOLUTION, Requesting federal natural resource agencies to refrain from designating wilderness areas in South Dakota without approval of the Legislature.

    Was read the second time.

    Rep. Marty moved that SCR 8 as found on page 288 of the Senate Journal be concurred in.

    The question being on Rep. Marty's motion that SCR 8 be concurred in.

    And the roll being called:

    Yeas 53, Nays 8, Excused 9, Absent 0

    Yeas:
Anderson; Bartels; Barthel; Bordeaux; Brunner; Campbell; Chase; 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; Lust; Marty; May; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Schaefer; Schoenfish; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Hawley; McCleerey; Ring; Rozum; Stevens; Wismer

    Excused:
Beal; Carson; Duvall; Kettwig; McPherson; Otten (Herman); Rounds; Smith; Soli

    So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

    HCR 1013 Introduced by: Representatives May, Campbell, DiSanto, Frye-Mueller, Gosch, Howard, Jensen (Kevin), Livermont, Marty, Peterson (Sue), and Pischke and Senators Nelson, Frerichs, Heinert, Jensen (Phil), Killer, Maher, Nesiba, Russell, Stalzer, Sutton, and Tapio

        A CONCURRENT RESOLUTION, Amending the Joint Rules to require a majority vote to disapprove a commemoration.

    WHEREAS, the rules of the South Dakota Legislature are founded upon majority rule which also protect the minority's right to represent their constituents; and

    WHEREAS,  Joint Rule 6A-1(2) provides that a concurrent resolution shall be used to authorize joint rules:

    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 Joint Rule 6H-4 be amended to read as follows: Any member A majority of the body may object to the approval of any legislative commemoration by so stating on the floor of the body at any time before adjournment on the legislative day upon which the legislative commemoration is calendared. If no such objection by a majority of the body is made, the legislative commemoration shall be deemed approved and the presiding officer shall deliver it to the other house. If there is objection from a majority of the members of the body, the legislative commemoration shall be deemed disapproved;

    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 Joint Rule 6H-6 be amended as follows: Any member A majority of the receiving body may object to the approval of any legislative commemoration by so stating on the floor of the body at any time before adjournment on the legislative day upon which the legislative commemoration is calendared. If no such objection by a majority of the receiving body is made, the legislative commemoration shall be deemed approved and the presiding officer shall deliver it to the house of origin. If there is objection from the majority of the members of the receiving body, the legislative commemoration shall be deemed disapproved.

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

    HCR 1014 Introduced by: Representatives Frye-Mueller, Campbell, DiSanto, Gosch, Howard, Jensen (Kevin), Livermont, Marty, May, Peterson (Sue), and Pischke and Senators Nelson, Jensen (Phil), Killer, Nesiba, Netherton, Russell, Stalzer, Sutton, and Tapio

        A CONCURRENT RESOLUTION, Amending the Joint Rules by adding a new rule regarding the voting record of each legislator.

    WHEREAS, S.D. Const., Art. III, § 15 states: "The sessions of each house and of the committee of the whole shall be open, unless when the business is such as ought to be kept secret"; and
    WHEREAS, the Legislature believes the free-flow of information empowers and energizes a republic and serves to keep government accountable; and

    WHEREAS, Joint Rule 6A-1(2) provides that a concurrent resolution shall "be used to authorize . . . joint rules":

    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 Joint Rules be amended by adding a new rule in Chapter 3 to provide: "The director of the Legislative Research Council shall provide data that includes the voting information for each member of the Legislature and each legislative session of the Legislature to be made available to the public on the website maintained by the Legislative Research Council in a format that can be saved to a computer and is searchable and sortable by name, date, legislative session, bill number, and legislation sponsorship and co-sponsorship."

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

    Rep. Qualm moved that the House do now recess until 3:00 p.m., which motion prevailed and at 2:17 p.m., the House recessed.

RECESS

    The House reconvened at 3:57 p.m., the Speaker presiding.

MOTIONS AND RESOLUTIONS

    Reps. Kaiser and May jointly moved for the establishment of a Select Committee on Discipline and Expulsion to investigate the conduct of Rep. Johnson.

    The motion was seconded by Rep. Lesmeister.

    The question being on Reps. Kaiser and May's motion for the establishment of a Select Committee on Discipline and Expulsion to investigate the conduct of Rep. Johnson.

    And the roll being called:

    Yeas 45, Nays 13, Excused 12, Absent 0

    Yeas:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Brunner; Campbell; Clark; Dennert; Diedrich; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Ring; Steinhauer; Tulson; Wiese; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Chase; Conzet; Glanzer; Heinemann; Holmes; Hunhoff; Lust; Rhoden; Schaefer; Schoenfish; Stevens; Turbiville; Willadsen

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; Soli

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

ANNOUNCEMENTS

    The Speaker appointed Reps. Johns (Chair), Bartling (Vice Chair), Rozum, Lana Greenfield, Wismer, Smith, Glanzer, Diedrich, and McCleerey as a committee of nine to the Select Committee on Discipline and Expulsion.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Local Government on HB 1257 as found on page 546 of the House Journal; also

    Taxation on HB 1308 as found on page 547 of the House Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 100: FOR AN ACT ENTITLED, An Act to establish certain provisions related to grant monitoring and review and to revise certain record retention policies.

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

    SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confections that contain alcohol and to declare an emergency.

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

    SB 173: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding microbreweries and malt beverage manufacturers.

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

    SB 176: FOR AN ACT ENTITLED, An Act to provide for certain employees in the Office of the Attorney General to investigate and litigate opioid misuse, to provide an appropriation therefor, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Rep. Ahlers requested that SB 80 and 89 be removed from the Consent Calendar.

    Which request was granted.

    
    HB 1257: FOR AN ACT ENTITLED, An Act to designate certain highways by townships and counties as no maintenance highways.

    Was read the second time.

    The question being “Shall HB 1257 pass as amended?”

    And the roll being called:

    Yeas 58, Nays 0, Excused 12, Absent 0

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

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; 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.

    SB 209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Nutrient Research and Education Council.

    Was read the second time.

    The question being “Shall SB 209 pass?”

    And the roll being called:

    Yeas 58, Nays 0, Excused 12, Absent 0

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

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; 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.

    SB 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal annual reports.

    Was read the second time.

    The question being “Shall SB 126 pass?”

    And the roll being called:

    Yeas 58, Nays 0, Excused 12, Absent 0

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

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; 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.

    SB 147: FOR AN ACT ENTITLED, An Act to authorize local governing bodies to establish the per diem rate for housing and development commissions.

    Was read the second time.

    The question being “Shall SB 147 pass?”

    And the roll being called:

    Yeas 58, Nays 0, Excused 12, Absent 0

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

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    There being no objection, the Speaker announced that HB 1285 be placed to precede
HB 1286 on today's calendar.

    HB 1285: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding community safety zones.

    Was read the second time.

1285ae

    Rep. Bartling moved that HB 1285 be amended as follows:

    On page 1 of the House Judiciary Committee engrossed bill, delete lines 4 to 8, inclusive.

    On page 2, after line 16, insert:

    "Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


    Which motion lost.

    The question being “Shall HB 1285 pass as amended?”

    And the roll being called:

    Yeas 58, Nays 0, Excused 12, Absent 0

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

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; 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 1286: FOR AN ACT ENTITLED, An Act to authorize certain political parties to be classified under alternative political status, to revise certain provisions regarding nominating petitions, and to declare an emergency.

    Was read the second time.

1286xa

    Rep. Hawley moved that HB 1286 be amended as follows:

    Delete pages 2 to 4, inclusive, of the printed bill and insert:

    "12-6-7.A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top and shall be a self-contained sheet of paper. The petition for party office or political public office shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election voters in the county, part of the county, district, or state electing a candidate to fill the office. If a county uses vote centers and does not print ballots by precinct, signature requirements for both partisan and independent candidates are:

            (1)    Fifty signatures for a legislative candidate whose district either in whole or in part includes that county;
            (2)    Thirty signatures for a county candidate;
            (3)    Fifteen signatures for county commissioner district candidates;
            (4)    Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;
            (5)    Five signatures for a new party county candidate; or
            (6)    Three signatures for a new party county commissioner district candidate

    A statewide candidate shall submit signatures of not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the state electing a candidate to fill the office or not less than one percent of the total votes cast at the last gubernatorial election.

    Notwithstanding any other provision of law, a candidate may choose to collect signatures from:

            (1)    One percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election. The signatures shall be collected from registered voters who are of the same political party as the candidate; or
            (2)    One percent of the total votes cast at the last gubernatorial election. The signatures may be collected from any registered voter.

    Section 3. That § 12-6-7.1 be amended to read:

    12-6-7.1. Notwithstanding the provisions of § 12-6-7 a candidate may choose from two options for collecting signatures on a nominating petition for a candidate for office in the State Legislature, county political public office, and county party office shall be signed by not less than fifty voters or not less than one percent of the voters who cast their vote for the party's

gubernatorial candidate, whichever is less. The. If the nominating petition is for office in the State Legislature, the petition shall clearly designate the senatorial or representative district for which said the individual is a candidate. The form of the nominating petition shall be prescribed by the State Board of Elections.

    Notwithstanding any other provision of law, a candidate may choose to collect signatures from:

            (1)    Not less than fifty voters or not less than one percent of the voters, but at least fifteen voters, who voted for that party's gubernatorial candidate at the last gubernatorial election in the county, part of the county, or district. The signatures shall be collected from registered voters who are of the same political party as the candidate; or
            (2)    One percent of the total votes cast at the last gubernatorial election in the county, part of the county, or district. The signatures may be collected from any registered voter.

    Section 4. That chapter 12-6 be amended by adding a NEW SECTION to read:
    
    If a county uses vote centers and does not print ballots by precinct and the candidate chooses to collect signatures from only voters registered within the candidate's political party, the signature requirements for a partisan candidate are:

            (1)    Fifty signatures for a legislative candidate including an alternative political status candidate whose district either in whole or in part includes that county;
            (2)    Thirty signatures for a county candidate including an alternative political status candidate;
            (3)    Fifteen signatures for county commissioner district candidates including an alternative political status candidate;
            (4)    Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;
            (5)    Five signatures for a new party county candidate; or
            (6)    Three signatures for a new party county commissioner district candidate.

    Section 5. That chapter 12-6 be amended by adding a NEW SECTION to read:
    
    If a county uses vote centers and does not print ballots by precinct and the candidate chooses to collect signatures from any registered voter, the signature requirements for a partisan or independent candidate are:

            (1)    One hundred signatures for a legislative candidate whose district either in whole or in part includes that county;
            (2)    Sixty signatures for a county candidate;
            (3)    Thirty signatures for a county commissioner district candidate;
            (4)    Ten signatures for a new party legislative candidate whose district either in whole or in part includes that county;
            (5)    Ten signatures for a new party county candidate; or
            (6)    Six signatures for a new party county commissioner district candidate.

    Section 6. That § 12-6-4 be amended to read:

    12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either or both the primary or general election, other than a presidential election, may have that person's name printed upon the official primary election ballot of that person's party, unless a petition has been filed on that person's behalf after December thirty-first and by the last Tuesday of March at five p.m. local time before the date of the primary election. If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local time before the primary election, the petition shall be considered timely submitted.

    Except as provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, no candidate for any office to be filled, or nomination to be made, for a political party candidate of a new political party or a candidate for a political party that qualifies for alternative political status, at the general election, may have that person's name printed on the official general election ballot of that person's party unless a petition has been filed on that person's behalf after December thirty-first and on or before July first at five p.m. local time. If the petition is mailed by registered mail on or before July first at five p.m. local time, the petition shall be considered timely submitted.

If two or more candidates of the same new political party of a political party that qualifies for alternative political status submit petitions for the same state or legislative office, the office receiving the petitions shall review the petitions in the order the petitions were received. If the petitions received by multiple candidates running for the same statewide or legislative office are validated, the secretary of state shall notify that state political party that the state party central committee shall call a meeting of the committee. The meeting shall be called and conducted pursuant to § 12-6-57. The committee members shall vote to determine which candidate that the party will certify as the party's candidate to the secretary of state no later than July fifteenth at 5:00 p.m. central time. The candidate certified by the state political party shall be placed on the general election ballot.

If two or more candidates of the same new political party or of a political party that qualifies for alternative political status submit petitions for the same county office, the office receiving the petitions shall review the petitions in the order the petitions were received. If the petitions received by multiple candidates running for the same county office are validated, the county auditor shall notify that county party central committee that the county party shall call a meeting of the county party central committee. The meeting shall be called and conducted pursuant to § 12-6-57. The county party central committee members shall vote to determine which candidate the county party will certify to the county auditor no later than July fifteenth at five p.m. local time. The candidate certified by the county party shall be placed on the general election ballot. If there is no county party central committee for that party, then that state party central committee shall vote and certify the candidate's name to the county auditor.

    A nominating petition for national convention delegates and alternates as provided in § 12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating petitions for all party and public offices except legislative and judicial offices shall be filed in the office of the county auditor of the county in which the person is a candidate. Nominating petitions for legislative and judicial office, whether elected in one or more counties, and all other party and

public offices to be voted on in more than one county shall be filed in the Office of the Secretary of State.

    Section 7. That § 12-6-8 be amended to read:

    12-6-8. No person may sign the nominating petition of a candidate before January first in the year in which the election is to be held, nor for whom the person is not entitled to vote, nor for a political candidate of a party of which the person is not a member, nor for more than the number of candidates required to be nominated for the same office. The signer or circulator shall add the signer's place of residence and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. A formal declaration of the candidate shall be signed by the candidate before the circulation of petitions. The signed declaration of the candidate shall accompany and be a part of the petition. An original signed declaration shall accompany the group of petitions upon filing. The petition shall be verified under oath by the persons circulating the petition. The verification by the person circulating the petition may not be notarized by the candidate whom the petition is nominating. A nominating petition for any election shall be a self-contained sheet of paper in order to have the candidate's name placed on the ballot. The provisions of this section may not prohibit a person registered with party affiliation from signing either a petition nominating an independent or a nonpolitical candidate for office if the person has not previously signed a petition for that office to be filled.

    Section 8. That § 12-5-1.4 be amended to read:

    12-5-1.4. If a political party qualifies for the primary ballot under § 12-5-1 or as alternative political status, each candidate intending to participate in a primary election shall file a nominating petition pursuant to § 12-6-4. In each primary election following the qualification of a political party and prior to the next gubernatorial election, each with the following signature requirements:

            (1)    State and A state or federal candidate for that party shall file a petition bearing signatures of at least two hundred fifty registered voters in that party or one percent of the total number of registered voters that voted at the last gubernatorial election. The signatures may be collected from any registered voter; and
            (2)    Legislative and county A legislative candidate for that party shall file a petition bearing signatures of at least five registered voters in that party or one percent of the total votes cast at the last gubernatorial election in the county, part of the county, or district. The signatures may be collected from any registered voter; and
            (3)    A county candidate for that party shall file a petition bearing signatures of at least five registered voters in that party or one percent of the total votes cast at the last gubernatorial election in the county, part of the county, or district. The signatures may be collected from any registered voter.

    Section 9. That § 12-5-1.5 be amended to read:

    12-5-1.5. If a new political party organizing does not have a candidate for United States Senate, United States House of Representatives, Governor, or Legislature, that A new political party may be organized by filing with the secretary of state not later than July first at five p.m.

central time, a written declaration signed by at least two and one-half one percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election. The declaration shall contain:

            (1)    The name of the proposed party; and
            (2)    A brief statement of the principles of the proposed party.

    The new political party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.

    A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in § 12-1-3.

    The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.

    Section 10. That chapter 12-5 be amended by adding a NEW SECTION to read:

    A nominee for United States Senate, United States House of Representatives and Governor of a political party that has new political party status or alternative political status may be placed on the general election ballot if the nominee submits a certificate of nomination containing two hundred fifty signatures from that candidate's party or one percent of the total votes cast at the last gubernatorial election and those signatures may be collected from any registered voter. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination.

    Section 11. That § 12-7-1 be amended to read:

    12-7-1. Any candidate for nonjudicial public office, except as provided in § 12-7-7, who is not nominated by a primary election may be nominated by filing a certificate of nomination nominating petition with the secretary of state or county auditor as prescribed by § 12-6-4, after December thirty-first and by the last Tuesday of April at 5:00 on or before July first at five p.m. local time before the election. A certificate of nomination nominating petition shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination nominating petition is mailed by registered mail on or before July 1, at five p.m. local time, the petition shall be considered timely submitted. The nominating petition shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination If the county uses vote centers, an independent candidate shall follow the signature requirements pursuant to

§ 12-6-7.1 and sections 4 and 5 of this Act. The form of the nominating petition shall be prescribed by the State Board of Elections.

    Section 12. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


    Which motion prevailed.

    The question being “Shall HB 1286 pass as amended?”

    And the roll being called:

    Yeas 58, Nays 0, Excused 12, Absent 0

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

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; Soli

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

    The question being on the title.

1286fta

    Rep. Qualm moved that the title to HB 1286 be amended as follows:


    On page 1, line 2, of the printed bill, after "status" insert ", to revise certain provisions regarding nominating petitions,".

    Which motion prevailed and the title was so amended.

    HB 1170: FOR AN ACT ENTITLED, An Act to adopt the uniform law on notarial acts.

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

1170jg

    Rep. Johns moved that HB 1170 be amended as follows:

    On page 1 of the House Judiciary Committee engrossed bill, delete lines 3 and 4.

    On page 4, line 6, delete "2019" and insert "2018".

    On page 4, delete lines 12 to 24, inclusive.

    Delete page 5.

    On page 6, delete lines 1 to 10, inclusive.

    On page 6, delete lines 16 to 24, inclusive.

    Delete pages 7 and 8, inclusive

    On page 9, delete lines 1 to 4, inclusive.

    On page 10, line 3, delete "section 7 of this Act" and insert "law".

    On page 10, line 8, delete "certificate of" and insert "notarization".

    On page 10, line 9, delete "notarial act".

    On page 10, delete lines 20 to 24, inclusive.

    Delete pages 11 to 13, inclusive

    On page 14, delete lines 1 to 22, inclusive.

    On page 15, delete line 1, and insert "located individual, the notarization".

    On page 15, line 2, delete everything before "must" .

    On page 15, line 3, delete everything after "." and insert "The indication required by this section is sufficient if it".

    On page 15, line 4, delete everything before "substantially" .

    On page 15, delete lines 7 to 13, inclusive.

    On page 16, delete lines 4 to 24, inclusive.
    On page 17, delete lines 1 to 10, inclusive.

    On page 17, delete lines 15 to 24, inclusive.

    Delete page 18.

    On page 19, delete lines 1 to 15, inclusive.

    On page 19, line 17, delete "2019" and insert "2018".

    On page 19, delete lines 18 to 20, inclusive.

    On page 20, delete line 13, and insert ".".

    Which motion prevailed.

    The question being “Shall HB 1170 pass as amended?”

    And the roll being called:

    Yeas 55, Nays 2, Excused 13, Absent 0

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

    Nays:
Brunner; Frye-Mueller

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; Soli; Wismer

    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.

1170xta

    Rep. Johns moved that the title to HB 1170 be amended as follows:


    On page 1, line 1, of the House Judiciary Committee engrossed bill, delete "adopt the uniform" and insert "revise the".

    Which motion prevailed and the title was so amended.

    HB 1308: FOR AN ACT ENTITLED, An Act to revise the distribution of revenue from the alcoholic beverage fund.

    Was read the second time.

1308ka

    Rep. Brunner moved that HB 1308 be amended as follows:

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

    "Section 1. That chapter 35-5 be amended by adding a NEW SECTION to read:

    In addition to the tax imposed by §§ 35-5-3 and 35-12-7, a tax is imposed on wholesalers and manufacturers of alcoholic beverages, including farm wineries licensed pursuant to chapter 35-12 and artisan distillers licensed pursuant to chapter 35-13, based upon the quantities of alcoholic beverages purchased, received, imported, or manufactured, as follows:

            (1)    Malt beverages, fifty-three cents per gallon or pro rata portion thereof;

            (2)    All wines, ciders, and diluted beverages, one dollar and twenty-seven cents per gallon or pro rata portion thereof; and

            (3)    All other alcoholic beverages not otherwise specified, four dollars and twenty-seven cents per gallon or pro rata portion thereof.

    The term, diluted beverage, has the same meaning as provided in § 35-5-3.

    Section 2. That chapter 35-5 be amended by adding a NEW SECTION to read:

    The tax imposed by this Act shall be administered and collected in the same manner as provided in this chapter for the collection of the occupational tax.

    Section 3. That chapter 35-5 be amended by adding a NEW SECTION to read:

    There is hereby created in the state treasury the local government alcoholic beverage fund. The secretary shall deposit the revenue from the tax imposed by section 1 of this Act into the local government alcoholic beverage fund.

    Section 4. That chapter 35-5 be amended by adding a NEW SECTION to read:

    Fifty percent of the revenue deposited in the local government alcoholic beverage fund shall revert to the municipalities. Each municipality's share of the fund shall be determined by the ratio of the population of each municipality to the total population of all the municipalities sharing in the receipts. The department shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the finance officer of each municipality its share of the fund. The amount received by each municipality shall be deposited in the municipality's general fund.

    Section 5. That chapter 35-5 be amended by adding a NEW SECTION to read:

    Fifty percent of all of the revenues deposited in the local government alcoholic beverage fund shall revert to the counties. Twenty-five percent of the revenues distributed to counties shall be divided equally by all counties. The remaining seventy-five percent of the revenue shall be allocated to counties by the ratio of the population of each county to the total population of all the counties sharing in the receipts. The department shall make the reversion by remitting not later than November first, February first, May first, and August first, of each year to the county auditor of each county its share of the fund. The amount received by each county shall be deposited in the county's general fund."

    Rep. Qualm moved that HB 1308 be laid on the table.

    The question being on Rep. Qualm's motion that HB 1308 be laid on the table.

    And the roll being called:

    Yeas 30, Nays 27, Excused 13, Absent 0

    Yeas:
Bartels; Bartling; Chase; Clark; Conzet; Dennert; Diedrich; Glanzer; Gosch; Greenfield (Lana); Hawley; Heinemann; Holmes; Hunhoff; Johnson; Kaiser; Karr; Lust; Mills; Peterson (Kent); Qualm; Rasmussen; Reed; Rhoden; Schaefer; Steinhauer; Stevens; Tulson; Turbiville; Willadsen

    Nays:
Ahlers; Barthel; Bordeaux; Brunner; Campbell; DiSanto; Frye-Mueller; Goodwin; Haugaard; Howard; Jamison; Jensen (Kevin); Johns; Latterell; Lesmeister; Livermont; Marty; May; McCleerey; Peterson (Sue); Pischke; Ring; Schoenfish; Wiese; York; Zikmund; Speaker Mickelson

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; Soli; Wismer

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

    The question being on Rep. Brunner's motion that HB 1308 be amended.

    Rep. Dennert requested a roll call vote, which was supported.

    And the roll being called:

    Yeas 16, Nays 40, Excused 14, Absent 0

    Yeas:
Ahlers; Barthel; Bartling; Bordeaux; Brunner; Haugaard; Heinemann; Jensen (Kevin); Johns; Lesmeister; May; McCleerey; Reed; Ring; York; Speaker Mickelson

    Nays:
Bartels; Campbell; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Hawley; Holmes; Howard; Hunhoff; Jamison; Johnson; Kaiser; Karr; Latterell; Livermont; Lust; Marty; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Schaefer; Schoenfish; Steinhauer; Stevens; Tulson; Wiese; Willadsen; Zikmund

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; Soli; Turbiville; Wismer

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

    The question being “Shall HB 1308 pass as amended?”

    And the roll being called:

    Yeas 38, Nays 18, Excused 14, Absent 0

    Yeas:
Barthel; Bordeaux; Brunner; Campbell; Chase; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Latterell; Lesmeister; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Rasmussen; Ring; Schaefer; Schoenfish; Steinhauer; Tulson; Wiese; Willadsen; York; Zikmund

    Nays:
Ahlers; Bartels; Bartling; Conzet; Diedrich; Hawley; Heinemann; Holmes; Hunhoff; Karr; Lust; McCleerey; Peterson (Kent); Qualm; Reed; Rhoden; Stevens; Speaker Mickelson

    Excused:
Anderson; Beal; Carson; Duvall; Kettwig; Lake; McPherson; Otten (Herman); Rounds; Rozum; Smith; Soli; Turbiville; Wismer

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


SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding used motorcycles offered for sale at an event.

    HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning property tax collections, delinquent property taxes, tax certificates, and tax deeds.

    HB 1159: FOR AN ACT ENTITLED, An Act to revise certain notification provisions regarding damage of underground facilities.

    HB 1173: FOR AN ACT ENTITLED, An Act to provide for inactive status of airport liquor licenses.

    HB 1185: FOR AN ACT ENTITLED, An Act to establish provisions regarding the storage of wine at certain licensed premises.

    And signed the same in the presence of the House.

    Rep. Qualm moved that the balance of the calendar including SB 90, 50, 51, 53, 54, 156, 58, 110, 164, 46, 83, 62, 96, 59, and 69 be deferred to Monday, February 26, 2018, the 29th legislative day.

    Which motion prevailed.

    Rep. Gosch moved that the House do now adjourn, which motion prevailed and at
5:06 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk