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House of Representatives Journal 3/6/2017 02:00 PM

JOURNAL OF THE HOUSE

NINETY-SECOND SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, March 6, 2017

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

    The prayer was offered by the Chaplain, John Fette, followed by the Pledge of Allegiance led by House page Lauren Hight.

    Roll Call: All members present except Reps. Carson, Frye-Mueller, McPherson, and Turbiville 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 thirty-second 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.
    The oath of office was administered by Speaker Mickelson to the following named pages:

    Ashton Burke, Lauren Hight, Sophie Kouri, Kelsey Lensegrav, Robert Marlow, Cooper Mueller, Jessie Ristau.

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

March 3, 2017

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on March 2, 2017, I approved House Bills 1010, 1013, 1056, 1061, 1066, 1127, 1136, and 1161, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill be amended as follows:

33fa

    On page 1, line 5, of the printed bill, delete "forty-six and eight" and insert "forty-five and eight".

    On page 2, line 17, delete "twenty-six and eight" and insert "twenty-five and eight".

    On page 2, line 20, delete "$5,456 $5,510.56" and insert "$5,456".

    On page 3, line 1, delete "$12,592 $12,717.92" and insert "$12,592".

    On page 3, line 6, delete "$16,049 $16,209.49" and insert "$16,049".

    On page 3, line 11, delete "$15,564 $15,719.64" and insert "$15,564".

    On page 3, line 16, delete "$27,799 $28,076.99" and insert "$27,799".

    On page 3, line 21, delete "$8,007 $8,087.07" and insert "$8,007".

    On page 6, line 7, delete "$1.268" and insert "$1.258".

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The House Committee on Appropriations respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

35fe

    On page 1, line 6, of the printed bill, delete "seven dollars and sixty-three four and one-tenth" and insert "seven six dollars and sixty-three ninety-five and eight-tenths".

    On page 1, line 11, delete "fifty-six and eight forty-four and seven" and insert "fifty-six and eight".

    On page 2, line 2, delete "forty and two tenths" and insert "thirty-six and three tenths".

    On page 4, line 5, delete "$48,500 $48,985" and insert "$48,500".

    On page 8, after line 11, insert:

"    Section 3. That § 13-1-65 be repealed.

    13-1-65. From the proceeds of SL 2016, ch 65, each year sixty-three percent shall be dedicated to increasing teacher salaries by school districts, thirty-four percent shall be dedicated to reducing the property tax levies for general education for all classes of property, and three percent shall be dedicated to increasing instructor salaries to competitive levels at postsecondary technical institutes.

    Section 4. That § 13-13-72.1 be amended to read:

    13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local effort and state aid shall be adjusted annually to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1. However, if the levies specified in § 10-12-42 are not adjusted to maintain this relationship, the target teacher salary as defined in § 13-13-10.1 shall be reduced to maintain the relationship between statewide local effort as a percentage of statewide local need. The school

general fund levy for agriculture property for taxes payable in 2018 shall be set equal to the school general fund levy for agriculture property for taxes payable in 2017. The amount of savings through the state aid formula shall be directed to the agriculture future development fund through a transfer from the general fund in fiscal year 2018 and each year thereafter. Beginning in fiscal year 2020, and each year thereafter, the amount transferred from the general fund to the agriculture future development fund shall be adjusted annually be the index factor as defined by subdivision 13-13-10.1(3). ".


    And that as so amended said bill do pass.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

106fb

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

"    Section 1. That § 10-45-27.2 be amended to read:

    10-45-27.2. Any person required to file a return and remit the tax imposed by chapter 10-45, who holds a license issued pursuant to chapter 10-45, who timely files the return due, and who timely remits the tax due, is allowed, as compensation for the expense of collecting and paying the tax, a credit equal to one and one-half four-tenths percent of the gross amount of the tax due. However, the credit may not exceed seventy sixty-five dollars per return period.

    If a person is required to file a return and to remit tax more than once within a thirty day period, the collection allowance credit may not exceed seventy sixty-five dollars for all returns filed and all remittances made within the thirty day period.

    The collection allowance credit authorized by this section only applies to taxes reported on the sales and use tax return, including the taxes imposed by chapters 10-45, 10-45D, 10-46, 10-46E, 10-52, 10-52A, 10-58, and 10-33A, and §§ 32-5B-20 and 10-62-2.

    The collection allowance credit authorized by this section shall be granted for any return to be filed and for any tax to be remitted after January 1, 2014.

    The collection allowance credit authorized by this section shall only be granted to a person who timely files the return due by electronic means and who timely remits the tax due by electronic means.

    For any tax collected by the department on behalf of another entity, upon which the collection allowance credit is calculated, the entities shall negotiate in good faith to share in the

payment of the collection allowance credit. The department may implement such allocation of collection allowance credit directly or through the adjustment of any administrative fee charged pursuant to § 10-59-52.

    No person that has selected a certified service provider as its agent as set forth in § 10-45C-1 is entitled to the collection allowance credit authorized by this section if the certified service provider receives a monetary allowance as provided by the Streamlined Sales and Use Tax Agreement authorized by chapter 10-45C for performing the retailer's sales and use tax functions in this state.

    No collection allowance credit authorized by this section may be granted to any person who has outstanding tax returns due to the department or who has outstanding tax remittances due to the department.

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

    Any additional revenue available to the state general fund as a result of this Act shall be used to either balance the state's fiscal year 2018 budget or fund the building South Dakota program."

106ftd

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "assist in balancing the state's budget and fund rural housing.".

    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 SB 171 and returns the same with the recommendation that said bill be amended as follows:

171ja

    On page 1, delete line 7 of the Senate State Affairs Committee engrossed bill, and insert "issues of campaign finance and to".

    On page 1, line 8, after "current" insert "related".

    On page 2, delete line 4.

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

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

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


171jta

    On page 1, line 2, of the Senate State Affairs Committee engrossed bill, after "study" delete "government,".

    On page 1, line 2, delete ", lobbyist restrictions, and ethics".

    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 SB 176 and returns the same with the recommendation that said bill be amended as follows:

176ff

    On page 1 of the Senate engrossed bill, delete lines 4 to 15, inclusive.

    Delete pages 2 and 3, inclusive

    On page 4, delete lines 1 to 18, inclusive.

    On page 4, line 20, after "Governor" insert "and the sheriff of the county where the public land is situated".

    On page 5, line 5, delete "with violation of a public safety zone established under chapter 34-48A" and insert "in a county that is experiencing a significant increase in criminal cases such that the resources in that area cannot satisfy the needs of criminal defense".

    On page 6, delete line 3, and insert:

"    Section 11. That chapter 22-35 be amended by adding a NEW SECTION to read:

    If a person defies an order issued pursuant to chapter 34-48A not to enter an area defined in that chapter and a notice not to enter is posted, the person is guilty of criminal trespass. A violation of this section is a Class 1 misdemeanor.

    Section 12. 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.".



176ftb

    On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert "preserve the use of public land, to ensure free travel, to enhance emergency response, and to declare an emergency.".

    On page 1, delete line 2.

    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 SB 54 and returns the same with the recommendation that said bill be amended as follows:

54fs

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

"    Section 1. That section 3 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 3. That § 12-27-1 be amended to read:

    12-27-1. Terms used in this chapter mean:

            (1)    "Ballot question," any referendum, initiative, proposed constitutional amendment, or other measure submitted to voters at any election;

            (2)    "Ballot question committee," a person or organization entity that raises, collects, or disburses contributions for the placement of a any ballot question on the ballot or the adoption or defeat of any ballot question. A ballot question committee is not a person, or political committee, or political party that makes a contribution to a ballot question committee. A ballot question committee is not an organization entity that makes a contribution to a ballot question committee from treasury funds;

            (3)    "Candidate campaign committee," any entity committee organized by a candidate to receive contributions and make expenditures for the candidate. Only one candidate campaign committee may be organized for each candidate and only one statewide candidate campaign committee may be organized for each candidate. A candidate may, simultaneously, have both a legislative campaign committee and a statewide campaign committee;

            (4)    "Candidate," any person who seeks nomination for or election to public office. A person is a candidate if the person raises, collects, or disburses contributions in excess of five hundred dollars; has authorized the solicitation of contributions or the making of expenditures; or has been certified as a candidate by a political party; has

created a candidate campaign committee for the purpose of obtaining public office; or has taken all actions required by state law to qualify for nomination for or election to public office;

            (5)    "Clearly identified," the appearance of the name, nickname, a photograph or a drawing of a candidate or public office holder, or the unambiguous reference to the identity of a candidate or public office holder;

            (6)    "Contribution," any gift, advance, distribution, deposit, or payment of money or any other valuable consideration, or any contract, promise or agreement to do so; any discount or rebate not available to the general public; any forgiveness of indebtedness or payment of indebtedness by another person; or any use of services or property without full payment or that is provided by any person, or political committee, or political party whose primary business is to provide services or property, made for the purpose of influencing:

            (a)    The nomination, election, or re-election of any person to public office; or

            (b)    The placement of a ballot question on the ballot or the adoption or defeat of any ballot question submitted.

                The term does not include services provided by a person as a volunteer for or on behalf of any candidate, or political committee, or political party, including the free or discounted use of a person's residence. Nor does the term include the purchase of any item of value or service from any political committee or political party. The purchase price of the item may not exceed the fair market value and may not include an intent to contribute beyond the item's value. A contribution does not include administration or and solicitation of a contribution for a political action committee established by an organization entity or its associated expenses, nor the use of an organization's entity's real or personal property located on its business premises for such purposes. A contribution does not include nominal use of a candidate's real or personal property or nominal use of resources available at a candidate's primary place of business;

            (7)    "County office," any elected office at a county in this state;

            (8)    "Election," any election for public office; any general, special, primary, or runoff election; and any election on a ballot question;

            (9)    "Expressly advocate," any communication that:

            (a)    In context has no other reasonable meaning than to encourage urge the election or defeat of one or more clearly identified candidates, or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question using explicit words of advocacy of election or defeat such as: vote, re-elect, support, cast your ballot for, reject, and defeat; or

            (b)    If taken as a whole and with limited reference to external events, such as the proximity to the election, may only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question because:

            (i)    The electoral portion of the communication is unmistakable, unambiguous, or and suggestive of only one meaning; and

            (ii)    Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question or encourages some other kind of action;

            (10)    "Immediate family," a spouse of a candidate or public office holder; a person under the age of eighteen years who is claimed by that candidate or public office holder or that candidate's or public office holder's spouse as a dependent for federal income tax purposes; or any relative within the third degree of kinship of the candidate or the candidate's spouse, and the spouses of such relatives;

            (11)    "Independent communication expenditure," an expenditure, including the payment of money or exchange of other valuable consideration or promise, made by a person, organization, entity, or political committee, or political party to expressly advocate the election or defeat of a clearly identified for a communication concerning a candidate or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question, but which is not made to, controlled by, coordinated with, requested by, or made upon consultation with a that candidate, political committee, or agent of a candidate or political committee. The term does not include administration or and solicitation or of any contribution for a political action committee established by an organization entity and associated expenses, nor the use of an organization's entity's real or personal property located on it its business premises for such purposes. The term does not include any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to any member of the organization and the member's family;

            (12)    "In-kind Donated good or service," a good or service provided at no charge or for less than its fair market value. The term does not include the value of services provided by a person as a volunteer for or on behalf of any candidate, or political committee, or political party, including the free or discounted use of the volunteer's residence or office;

            (13)    "Legislative office," the Senate and the House of Representatives of the South Dakota Legislature;

            (14)    "Loan," a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or part;
            (14A)    "Mailing address," includes street or PO Box, city, state, and zip code;

            (15)    "Organization Entity," any organized or unorganized association, business corporation, limited liability company, nonprofit corporation, limited liability partnership, limited liability limited partnership, limited partnership, partnership, cooperative, trust except for a trust account representing or containing only a contributor's personal funds, a business trust, association, club, labor union, or collective bargaining organization; any local, state, or national organization to which a labor organization pays membership or per capita fees, based upon its affiliation or and membership; any trade or professional association that receives its funds from membership dues or service fees, whether organized inside or outside the state; any other entity organized in a corporate form under federal law or the laws of this state of any kind, except a natural person that is, has been, or could be recognized by law; or any group of persons acting in concert that is not defined as a political committee or political party in this chapter except, an entity is not a candidate, a public office holder, or a political committee;

            (16)    "Person," a natural person;

            (17)    "Political action committee," any person or organization entity that raises, collects or disburses contributions to influence the outcome of an election and who is not a candidate, public officer holder, candidate campaign committee, ballot question committee, or a political party. A political action committee is not any:

            (a)    Person who makes a contribution to a political committee or political party; or

            (b)    Organization Entity that makes a contribution to a ballot question committee from treasury funds;

            (18)    "Political committee," any candidate campaign committee, political action committee, political party, or ballot question committee;

            (19)    "Political party," any state or county political party qualified to participate in a primary or general election, including any auxiliary organization of such political party. An auxiliary;

            (19A)    "Auxiliary organization is," any organization designated as an auxiliary organization in a the political party's bylaws or constitution except any auxiliary organization that only accepts contributions to support volunteer activities of the organization and does not make monetary or in-kind contributions or contribute donated goods or services or any independent communication expenditures to any political committee except a political party;

            (20)    "Public office," any statewide office, legislative office, or county office;

            (21)    "Statewide office," the office of Governor, lieutenant governor, secretary of state, attorney general, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner;

            (21)    "Treasurer," the treasurer is:

            (a)    The person who is designated as and has agreed to serve as the person responsible for each required filing that a committee is required to make under this title; and

            (b)    The person who may be responsible for any monetary penalty assessed in accordance with this chapter;

            (22)    "Treasury funds," funds of an organization entity not raised or collected from any other source for the purpose of influencing a ballot question;

            (23)    "Volunteer," any person who provides services free of charge.

    Section 2. That § 12-27-2 be amended to read:

    12-27-2. A political committee shall have and continually maintain a chair and a treasurer, which may be the same person. The chair and treasurer for a candidate campaign committee shall be appointed by the candidate, and the candidate may serve as either, or both, such officers. One person may serve as chair, candidate, treasurer, or any combination thereof. No political committee may receive or make contributions or pay expenses while the office of treasurer is vacant. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 3. That § 12-27-3 be amended to read:

    12-27-3. The treasurer for a political action committee shall file a statement of organization with the secretary of state not later than fifteen days after the date upon which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls within thirty days of any statewide election, the statement of organization shall be filed within forty-eight hours. A

    Notwithstanding the provisions above, a candidate shall file a statement of organization for a candidate campaign committee with the secretary of state not later than fifteen days after becoming a candidate pursuant to this chapter. The statement of organization may be filed electronically pursuant to § 12-27-41.

    If the treasurer for a ballot question committee does not file a statement of organization pursuant to chapter 2-1, the treasurer shall file a statement of organization with the secretary of state not later than fifteen days after the date which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls within thirty days of any statewide election, the statement of organization shall be filed within forty-eight hours.

    A political committee that regularly files a campaign finance disclosure statement with another state or the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service is not required to file a statement of organization. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 4. That § 12-27-4 be repealed.

    12-27-4. A political committee may incorporate and not be subject to the provisions of § 12-27-18 if the political committee incorporates for liability purposes only. Notwithstanding the corporate status of the political committee, the treasurer of an incorporated political committee remains personally responsible for carrying out the treasurer's duties under this chapter.

    Section 5. That § 12-27-5 be repealed.

    12-27-5. A political committee created prior to July 1, 2007 that has not filed a termination statement shall file a statement of organization with the secretary of state not later than fifteen days after this chapter becomes effective. A violation of this section is a Class 2 misdemeanor.

    Section 6. That § 12-27-6 be amended to read:

    12-27-6. The statement of organization shall include:

            (1)    The name, street address, postal address, and daytime mailing address, and street address if different than the mailing address, and telephone number of the committee;

            (2)    The name, street address, postal address, and daytime mailing address, and street address if different than the mailing address, and telephone number of the chair and the treasurer of the committee;

            (3)    A statement of the type of political committee that has been or is being organized;

            (4)    In the case of a candidate campaign committee, the name of the candidate, the name of the candidate's committee name, street address, and name and postal address of the candidate, office the candidate is seeking, mailing address, and the street address if different than the mailing address; and

            (5)    In the case of a political action committee or ballot question committee, a concise statement of its purpose and goals, and the full name, street address, and postal address mailing address, and the street address if different than the mailing address of the organization entity with which the committee is connected or affiliated, or if the committee is not connected or affiliated with any one organization entity, the trade, profession, or primary interest of the committee.

    The statement shall be signed by the candidate and treasurer for a candidate campaign committee and by the chair and treasurer for other political committees or and filed

electronically pursuant to § 12-27-41. A political committee continues to exist until a termination statement is filed pursuant to §§ 12-27-25 and 12-27-26.

    The treasurer of a political committee shall file an updated statement of organization not later than fifteen days after any change in the information contained on the most recently filed statement of organization.

    Any correspondence regarding reporting deadlines, delinquent reports, administrative penalties, and administrative hearings may only be sent to the treasurer listed on the most current statement of organization on file.

    Section 7. That section 4 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 4. That § 12-27-7 be amended to read:

    12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds four thousand dollars during any calendar year. A candidate campaign committee may accept unlimited contributions from any candidate campaign committee, political action committee, or political party. A candidate campaign committee may only accept contributions from any candidate campaign committee, political action committee, entity, person, or political party pursuant to the limits stated in this chapter. The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 8. That section 5 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 5. That § 12-27-8 be amended to read:

    12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds one thousand dollars during any calendar year. A candidate campaign committee may accept unlimited contributions from any candidate campaign committee, political action committee, or political party. A candidate campaign committee may only accept contributions from any candidate campaign committee, entity, political action committee, or political party pursuant to the limits stated in this chapter.

    The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.


    Section 9. That section 6 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 6. That § 12-27-9 be amended to read:

    12-27-9. If the contributor is a person or an organization entity, no political action committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. If the contributor is a ballot question committee, no political action committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. A political action committee may also accept unlimited contributions from any candidate campaign committee, political action committee, or political party. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 10. That section 7 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 7. That § 12-27-10 be amended to read:

    12-27-10. If the contributor is a person or an entity, no political party may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. A political party may accept unlimited contributions from any candidate campaign committee, political action committee, or political party. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 11. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Solicitation, receipt, direction, transfer, or spending of funds in connection with an election are subject to limitations and requirements of this chapter. A candidate, person holding statewide or legislative office, agent of a candidate or a person holding statewide or legislative office, or an entity directly or indirectly established, financed, maintained, or controlled by or acting on behalf of one or more candidates or persons holding statewide or legislative office, may not solicit, receive, direct, transfer, or spend funds in connection with an election unless the funds are subject to the limitations, prohibitions, and reporting requirements of this chapter.

    Section 12. That section 11 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 11. That § 12-27-11 be amended to read:

    12-27-11. No person, organization entity, candidate, or political committee, or political party may give or accept a contribution unless the name and residence address, mailing address, city and state of the contributor is made known to the person, entity, candidate, or political committee receiving the contribution. Any contribution, money, or other thing of value received by a candidate, or political committee, or political party from an unknown source shall be donated to a nonprofit charitable organization entity. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.


    Section 13. That section 12 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 12. That § 12-27-12 be amended to read:

    12-27-12. No person or organization entity may make a contribution in the name of another person or organization entity, make a contribution disguised as a gift, make a contribution in a fictitious name, make a contribution on behalf of another person or organization entity, or knowingly permit another to use that person's or organization's entity's name to make a contribution. No candidate may knowingly accept a contribution disguised as a gift. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 14. That section 13 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 13. That § 12-27-13 be amended to read:

    12-27-13. Equipment, supplies, and materials purchased with contributions are property of the political committee or political party, and are not property of the candidate or any other person.

    Section 15. That section 14 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 14. That § 12-27-15 be amended to read:

    12-27-15. Any printed material or communication made, purchased, paid for, or authorized by a candidate, or political committee, or political party that expressly advocates for or against disseminates information concerning a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the statement: "Paid for by (name of candidate, or political committee, or political party)." This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 16. That section 15 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 15. That § 12-27-16 be amended to read:

    12-27-16. The following apply to independent communication expenditures by persons and organizations entities related to communications advocating for or against concerning candidates, public office holders, ballot questions, or political parties who are not controlled by, coordinated with, requested by, or made upon consultation with a candidate, political committee, or agent of a candidate or political committee:


            (1)    Any person or organization making entity that makes a payment or promise of payment totaling more than one hundred dollars or more, including an in-kind contribution, for a donated goods or services for an independent communication expenditure that expressly advocates for or against concerns a candidate, public office holder, ballot question, or political party shall append to or include in each communication a disclaimer that clearly and forthrightly:

            (a)    Identifies the person or organization entity making the independent communication expenditure for that communication;

            (b)    States the mailing address or and website address, if applicable, of the person or organization entity; and
            
            (c)    States that the communication is independently funded and not made in consultation with any candidate, political party, or political committee; and

            (d)    If an independent expenditure is undertaken by an organization not including a candidate, public office holder, political party, or political committee, the following notation must be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions in aggregate to the organization during the twelve months preceding that communication An independent communication expenditure made by a person or entity shall include the following: "This communication is independently funded and not made in consultation with any candidate, public office holder, or political committee.".

                A violation of this subdivision is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor;

            (2)    Any person or organization entity making a payment or promise of payment of more than one hundred dollars or more, including an in-kind contribution donated goods and services, for a communication described in subdivision (1) shall file a an independent communication expenditure statement within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published;

            (3)    The independent communication expenditure statements required by this section shall include the name, street address, city, and state of the person or organization and, any expenditures made for communications described in subdivision (1) during that calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question, or political party mentioned or identified in each communication, the amount spent on each communication, and a description of the content of each communication. For an organization, the statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the organization:


            (a)    Identify the person or entity making the expenditure;

            (i)    Including mailing address, city, and state of a person; or

            (ii)    If an entity, the mailing address, city, and state, and website address if applicable; and

            (iii)    Identify any expenditures made for communications described in subdivision (1) during the current calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question, or political party mentioned or identified in each communication, the amount spent on each communication, and a description of the content of each communication; and

            (b)    For an entity, the independent communication expenditure statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the entity;

            (4)    For an organization entity whose majority ownership is owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, the statement shall identify by name and mailing address each person, partner, owner, trustee, beneficiary, participant, shareholder, or member who owns, controls, or comprises ten percent or more of the organization entity;

            (5)    For an organization, supplemental An entity shall also provide statements, as defined in subdivision (3), for any of its partners, owners, trustees, beneficiaries, participants, members, or shareholders identified pursuant to subdivision (4) that are owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, until no organization entity identified in the supplemental statements meets the ownership test set forth in subdivision (4); and

            (6)    For purposes of this section, the term, communication, does not include:

            (a)    Any news article, editorial endorsement, opinion or commentary writing, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, or political committee, or political party;

            (b)    Any editorial endorsement or opinion aired by a broadcast facility not owned or controlled by a candidate, or political committee, or political party;

            (c)    Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization entity solely to members of the organization and the members' families; and
            (d)    Any communication that refers to any candidate only as part of the popular name of a bill or statute; and

            (e)    Any communication used for the purpose of polling if the poll question does not expressly advocate for or against a candidate, public office holder, ballot question, or political party.

    Section 17. That section 16 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 16. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Any political committee, organization, person, or political party that makes a payment or promise of payment totaling one hundred dollars or more, including an in-kind contribution, for a communication that clearly identifies a candidate or public office holder, but does not expressly advocate the election or defeat of the candidate or public office holder, and that is disseminated, broadcast, or otherwise published, shall file a statement with the secretary of state disclosing the name, street address, city, and state of such political committee, organization, person, or political party. The statement shall also include the name of the candidate or public office holder mentioned in the communication, the amount spent on the communication, and a description of the content of the communication. The statement shall be received and filed within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.

    For the purposes of this section, the term, communication, does not include:

            (1)    Any news articles, editorial endorsements, opinion or commentary writings, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, political committee, or political party;

            (2)    Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate, political committee, or political party;

            (3)    Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families;

            (4)    Any communication that refers to any candidate only as part of the popular name of a bill or statute;

            (5)    Any communication used for the purpose of polling if the poll questions do not expressly advocate for or against a candidate, public office holder, ballot question, or political party.

    Section 18. That section 17 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:


    Section 17. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Any political committee, organization, entity, or person, or political party that makes a communication as defined in § 12-27-17, which does not expressly advocate for or against a candidate, public office holder, ballot question, or political party, other than an independent communication expenditure that is not controlled by, coordinated with, requested by, or made upon consultation with a candidate, political committee, or agent of a candidate or political committee, shall append to or include in each communication a disclaimer that:

            (1)    Identifies the political committee, organization, entity, or person, or political party making the communication; and

            (2)    States the address or website address, if applicable, of the political committee organization,, entity, or person, or political party.

    If the communication is an independent expenditure made by a person or organization, then the disclaimer shall include the following: "This communication is independently funded and not made in consultation with any candidate, political party, or political committee." If the independent expenditure is undertaken by an organization not including a candidate, public office holder, political party, or political committee, then the following notation must also be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions to an organization during the twelve months preceding that communication. Any person or entity making a communication under this section has the same reporting requirements as § 12-27-16. Any political committee making a communication under this section shall include each communication as an expenditure on the campaign finance disclosure report.

    A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 19. That § 12-27-18 be amended to read:

    12-27-18. No organization may make a contribution to a candidate committee or political party. An organization An entity may make a contribution to a ballot question committee organized solely for the purpose of influencing an election on a ballot question and may make independent communication expenditures regarding the placement of a ballot question on the ballot or the adoption or defeat of a ballot question. Any organization entity making expenditures, equal to or exceeding fifty percent of the organization's entity's annual gross income, for the adoption or defeat of a ballot measure is a ballot question committee. An organization entity may create a political action committee. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 20. That § 12-27-18.1 be amended to read:

    12-27-18.1. A ballot question committee may only accept contributions from a person, organization, entity, or political committee, or political party. A violation of this section is a Class 1 misdemeanor.


    Section 21. That § 12-27-19 be amended to read:

    12-27-19. Before making a contribution to a ballot question committee pursuant to § 12-27-18, an organization entity shall provide to the ballot question committee the following:

            (1)    A statement that the organization is filed as a domestic or foreign entity in good standing with the Office of the Secretary of State of this state;

            (2)    A statement that the organization is filed as an entity in good standing with another jurisdiction, and setting forth the following:

            (a)    The name of the organization;

            (b)    The name of the state or nation under whose law the organization is incorporated or organized; and

            (c)    The street address of the organization's principal office; or

            (3)    If neither of the above apply, a statement providing:

            (a)    The name of the organization;

            (b)    The street address of the organization's principal office;

            (c)    The name and street address of the person authorizing the contribution; and

            (d)    The name and street address of every owner, director, and officer of the organization The name or fictitious name of the entity;

            (2)    The mailing address of the entity's office;

            (3)    The name and mailing address of each owner, director, and officer of the entity;

            (4)    The committee name the contribution was given to, the date, and the amount of the contribution; and

            (5)    The name and mailing address of the person authorizing the contribution.

    Before contributing more than ten thousand dollars in the aggregate to a ballot question committee pursuant to § 12-27-18, an organization shall provide to the ballot question committee a sworn written statement made by the president and treasurer of the organization declaring and affirming, under the penalty of perjury, the following:

            (1)    The name and street address of every person who owns ten percent or more of the organization, has provided ten percent or more of the organization's gross receipts, including capital contributions, in the current or preceding year, or has provided ten percent or more of the funds being contributed to the ballot question committee; and
            (2)    That no part of the contribution was raised or collected by the organization for the purpose of influencing the ballot question.

    A ballot question committee shall disclose in its applicable campaign financial disclosure statement or supplement statement all information received from an organization any entity pursuant to this section. No ballot question committee may accept any contribution from an organization any entity not preceded or accompanied by the statements required by this section. Except as provided by § 22-29-1, violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 22. That section 19 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 19. That § 12-27-21 be amended to read:

    12-27-21. No candidate, or political committee, or political party may accept any contribution from any state, state agency, political subdivision of the state, foreign government, Indian tribal entity as defined in the Federal Register Vol. 72, No. 55 as of March 22, 2007, federal agency, or the federal government. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 23. That section 20 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 20. That § 12-27-22 be amended to read:

    12-27-22.  A campaign finance disclosure statement shall be submitted to the secretary of state by the. The treasurer of each:

            (1)    Candidate or candidate campaign committee for any statewide or legislative office shall file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end and, if applicable, amendments. A termination report may be submitted at any time;

            (2)    Candidate or candidate campaign committee for a legislative or county office shall file a pre-primary if the candidate's name appears on the primary election ballot, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years. A termination report may be submitted at any time;

            (2)(3)    Political Statewide political action committee shall file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end or, if applicable, amendments. A termination report may be submitted at any time;

            (3)(4)    Statewide, county, local, or auxiliary committee of any political party shall file a pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end or

amendments, if applicable. A termination report may be submitted at any time. A political party that loses its status as a qualified party shall file a termination statement by 5:00 p.m. central time the last Friday in January following the calendar year in which qualified party status was lost;

            (5)    County political party and auxiliary organization shall file a pre-general and, if applicable, supplemental report and amendments in even numbered years. A termination report may be submitted at any time; and

            (4)(6)    Statewide ballot question committee; shall file a pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end and, if applicable, amendments. A termination report may be submitted at any time. A statewide ballot question committee:

            (5)    Any candidate or candidate committee for any statewide or legislative office whose name appears on the primary ballot, but does not appear on the general election ballot, shall submit a campaign finance disclosure statement, or termination report, that shall be received by the secretary of state by 5:00 p.m. on the second Friday of August following the primary election; and

            (6)    Statewide ballot question committee that

            (a)    That does not meet the signature requirements for placement of the ballot issue on the general election ballot, shall submit a termination report to the secretary of state by 5:00 p.m. central time on the first Monday in February last Friday in January following the year the statement of organization was submitted to the secretary of state; or

            (b)    For a ballot issue that was on a ballot shall submit a termination report to the secretary of state by 5:00 p.m. central time on the last Friday in January following the calendar year the ballot question was on the ballot.

    A campaign finance disclosure statement shall be submitted to the secretary of state by the treasurer of each committee who shall file the following financial disclosure reports in accordance with the time frames stated in this chapter: pre-primary, pre-general, year-end, amendment, supplemental, and a termination when a committee is terminating its existence.

    The statement shall be signed and submitted by the treasurer of the political committee or political party. The statement shall be received by the secretary of state and submitted by 5:00 p.m. central time on the first Monday of February and shall cover the contributions and expenditures for the preceding calendar year. The statement shall also be received by the secretary of state and submitted by 5:00 p.m. central time on the second Friday prior to each primary and general election complete through the fifteenth day prior to that election. Each statewide ballot question committee shall submit a termination report by 5:00 p.m. central time no later than the first Monday in February following the year the ballot question was on the ballot. Any statement submitted pursuant to this section shall be consecutive and shall cover contributions and expenditures since the last statement submitted.

    A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 24. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Each statement referred to § 12-27-22 shall be signed and submitted by the treasurer of the political committee. The statement shall be received by the secretary of state and submitted by 5:00 p.m. central time on the following dates:

            (1)    Pre-primary report: fifteen days prior to the primary election, for the reporting period commencing with the last report submitted up through and including twenty days prior to the election date;

            (2)    Pre-general report: fifteen days prior to the general election, for the reporting period commencing with the last report submitted up through and including twenty days prior to the election date;

            (3)    Amendments: submitted pursuant to § 12-27-27;

            (4)    Supplemental report: submitted pursuant to § 12-27-28;

            (5)    Year-end report: by the last Friday in January each year, for the reporting period commencing with the last report submitted up through and including December thirty-first of each year;

            (6)    Termination report: at any time as stated in 12-27-23;

            (7)    Pre-primary, pre-general, amendments, supplemental, year-end, and termination reports shall cover the contributions and expenditures since the last report submitted; and

            (8)    All required filings under this chapter shall be submitted using the forms as provided by the secretary of state.

    A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 25. That § 12-27-22.1 be amended to read:

    12-27-22.1. No campaign finance disclosure statement report is required to be submitted under the following circumstances:

            (1)    A year-end report for a candidate campaign committee for legislative or county office on the first Monday in February following a year in which there is not an election for the office;

            (2)    A county, local, or auxiliary committee of any political party, qualified to participate in a primary or general election, prior to a statewide primary election;
            (3)    A legislative or county candidate campaign committee without opposition in a primary election, prior to a primary election;

            (4)    A candidate campaign committee whose name is not on the general election ballot, prior to the general election;

            (5)    A by a political committee that regularly submits a campaign finance disclosure statement report with another state or the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service;

            (6)    A statewide candidate who is publicly seeking a nomination by that candidate's party convention prior to a primary election; and

            (7)    An independent statewide candidate prior to a primary election, and has a statement of organization filed with the Office of the Secretary of State. The political committee treasurer shall report on the form as provided by the secretary of state. The report may only include contributions and expenditures related to this state.

    Section 26. That section 21 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 21. That § 12-27-24 be amended to read:

    12-27-24.  A campaign finance disclosure statement report shall include the following information:

            (1)    The political committee or political party name, street address, postal address, city, state, zip code, daytime and evening mailing address, telephone number, and, if applicable, e-mail address;

            (2)    Name, mailing address, telephone number, and, if applicable, an e-mail address, if any of the political committee's treasurer;

            (3)    The type of campaign statement report (pre-primary, pre-general, post-primary nonwinner, year-end, amendment, supplement, or termination);

            (3)(4)    For any ballot question committee, the ballot question number name and whether the committee advocates for or against supports or opposes the ballot question;

            (4)(5)    The balance of cash and cash equivalents on hand at the beginning of the reporting period;

            (5)(6)    The total amount of all contributions received during the reporting period;

            (6)(7)    The total amount of all in-kind contributions any donated good or service received during the reporting period;

            (7)(8)    The total of refunds, rebates, interest, or other income not previously identified during the reporting period;

            (8)    The total of contributions, loans, or any other receipts during the reporting period;
            (9)    The total value of loans made to any person, political committee, or political party during the reporting period;

            (10)(9)    The total of expenditures made during the reporting period;

            (11)    The total amount of any expenditure incurred but not yet paid. Any expenditure incurred but not yet paid shall be reported on each report filed after the date of receipt of goods or services until payment is made to the vendor. A payment shall be listed as an expenditure when the payment is made;

            (12)(10)    The cash balance on hand as of the close of the reporting period;

            (13)(11)    The total amount of All contributions of one hundred dollars or less in the aggregate from one source received during the reporting period shall either be aggregated and reported as a lump sum or the contributions shall be listed individually. The individual contributions of one hundred dollars or less shall be noted on the committee's books and a running total of each individual's contributions shall be maintained;

            (14)(12)    The name, residence address, mailing address, city, and state of each person making a contribution of more than one hundred dollars in the aggregate during the reporting period any calendar year and the amount of the contribution. Any contribution from any political committee or political party shall be itemized. Any contribution from a federal political committee or political committee organized outside the this state shall also include the name and website address of the filing office where campaign finance disclosure statements reports are regularly filed for the committee. If any information required by the section is unknown to the political committee or political party, the political committee or political party may not deposit the contribution;

            (15)(13)    Any in-kind donated good or service contribution shall contain the same information as for any monetary contributions contribution, and shall also include a description of the in-kind donated good or service contribution;

            (16)(14)    Upon the request of the treasurer, any person making an in-kind a donated good or service contribution shall provide all necessary information to the treasurer, including the value of the in-kind contribution;

            (17)(15)    Any monetary or in-kind donated good or service contribution made by a political committee or political party to any political committee, political party, or nonprofit charitable organization entity shall be itemized;
            (18)(16)    A categorical description and amount of any refunds, rebates, interest, sale of property, or other receipts not previously identified during the reporting period;

            (19)(17)    A categorical description and amount of any funds or donations by any organization entity to its political committee for establishing and administering the political committee and for any solicitation costs of the political committee;

            (20)(18)    The total balance of any loans owed by the political committee or political party Each loan received shall be reported in the same manner as a contribution;

            (21)(19)    The balance of any loans owed by the political committee or political party, itemized by lender's name, street address, city, and state, including the terms, interest rate, and repayment schedule of each loan Each loan repayment shall be reported in the same manner as an expenditure;

            (22)    The total balance of loans owed to the political committee or political party;

            (23)    The amount of any loan made during the reporting period; the name, street address, city, and state of the recipient of the loan;

            (24)    The balance of any loan owed to the political committee or political party, itemized by name, street address, city, and state;

            (25)(20)    Any expenditure made during the reporting period shall be categorized as disbursements to consultants, advertising agencies, credit card companies, or similar firms, and itemized by expense categories. A miscellaneous expense category is prohibited. Any contribution made by the political committee or political party that is not in exchange for any item of value or service shall be itemized;

            (26)    Any expenditure incurred but not yet paid during the reporting period and to whom the expenditure is owed;

            (27)(21)    The amount of any independent communication expenditure from a political committee made during the reporting period, and lists the name of the candidate, public office holder, or ballot question related to the independent communication expenditure and a description of the independent communication expenditure;

            (28)(22)    The information contained in any statement provided pursuant to § 12-27-19; and

            (29)(23)    A certification that the contents of the statement are true and correct signed by the treasurer of the political committee or political party.

    Section 27. That chapter 12-27 be amended by adding a NEW SECTION to read:

    If a candidate is not the treasurer of the candidate's campaign committee, the penalty of a candidate being decertified, pursuant to this chapter, remains. Notwithstanding any other provisions of law, a candidate is jointly and severally responsible with the treasurer of the candidate's campaign committee for each monetary fine and penalty imposed by this chapter.

    Section 28. That § 12-27-25 be amended to read:

    12-27-25. The last campaign finance statement report filed shall be a termination statement report. The termination statement report shall be filed by the treasurer within thirty days following disposition of all funds and property and the payment of all obligations. If a termination pursuant to § 12-27-29.2 occurs, this section does not apply.

    Section 29. That § 12-27-27 be amended to read:

    12-27-27. Any treasurer or other person filing a statement or report pursuant to this chapter, shall file an amended statement or report within three seven days of discovering any omission, inaccuracy, or other change necessary to make the statement or report accurate. A person responsible for filing a statement or report pursuant to this chapter, who willfully fails to report a material change or correction, is guilty of a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor. A person responsible for filing a statement or report pursuant to this chapter, who willfully fails to file an amendment pursuant to this section is subject to the administrative penalty in § 12-27-29.1 beginning on the first day following the third seventh day after the candidate, treasurer, or other person is notified of the omission, inaccuracy, or other change necessary to make the statement or report accurate.

    Section 30. That § 12-27-28 be amended to read:

    12-27-28. If any candidate campaign committee for statewide office, political action committee, ballot question committee, or political party political committee required to file a campaign finance disclosure statement report pursuant to this chapter receives a contribution of five hundred dollars or more within the fourteen twenty days immediately prior to an election for which a campaign finance disclosure statement report may be filed, a supplemental statement report shall be filed. The statement report shall state the name, street address, city, and state and mailing address of the contributor and the amount and date of the contribution, and information contained in any statement report provided under § 12-27-19, if applicable. The statement report shall be filed by the treasurer within forty-eight hours of the receipt of the contribution. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 31. That § 12-27-29 be amended to read:

    12-27-29. The treasurer of a political committee and political party shall maintain and preserve detailed and accurate records of the following:

            (1)    Each contribution and in-kind donated good or service contribution received by the political committee or political party;
            (2)    In the case of a ballot question committee, the information required by § 12-27-19 for any organization entity contribution;

            (3)    Each loan received or made by the political committee or political party;

            (4)    Each refund, rebate, interest, or other income received by the political committee or political party;

            (5)    All receipts, invoices, bills, canceled checks, or other proofs of payment, with an explanation of each, for each expenditure;

            (6)    The name and address of any financial institution where an account or depository for the political committee or political party is maintained including the account number.

    The treasurer shall maintain and preserve the records for a period of seven years or three years past the date of filing the termination statement for the election for which the contribution or expenditure was made, whichever is earlier. A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 32. That section 23 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 23. That § 12-27-29.1 be amended to read:

    12-27-29.1. In addition to any other penalty or relief provided under this chapter, the secretary of state, after notice and opportunity for hearing pursuant to chapter 1-26, may impose an administrative a civil penalty for the failure to timely file any statement, amendment, or correction required to be filed by this chapter. The administrative civil penalty is fifty two hundred dollars per day for each violation not to exceed three thousand dollars. If any violation is made by a county political party or auxiliary organization, the administrative civil penalty is ten fifty dollars per day for each violation not to exceed six hundred dollars. Any administrative civil penalty collected pursuant to this section shall be deposited into the state general fund.

    Section 33. That § 12-27-29.2 be amended to read:

    12-27-29.2. Any administrative civil penalty imposed pursuant to § 12-27-29.1 shall be assessed against the violator by an administrative order of the secretary of state. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The secretary of state shall serve the order and assessment by certified mail. The order shall contain a statement that the violator may appeal the order within thirty days after receipt of the order by filing a written request for a contested case hearing on the violation and penalty pursuant to chapter 1-26, by filing a written request with the secretary of state no later than twenty days after the receipt of the order The secretary of state shall serve the order and assessment by certified mail. If not contested with the Office of Hearing Examiners. If no contested case hearing is requested within twenty thirty days of receipt of the order, an administrative order assessing an administrative a civil penalty constitutes a judgment and may be executed by delivery of a true and correct copy certified by

the secretary of state in the manner provided for the execution of money judgments provided in chapter 15-18.

    An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of chapter 1-26. The venue of the appeal shall be in Hughes County.

    If a hearing is requested, the matter shall be scheduled for a hearing before the secretary of state within thirty days from the receipt of the request. The secretary of state shall provide notice of the hearing consistent with the provisions of § 1-26-17. A final determination by the secretary of state may be appealed to the circuit court or Supreme Court as provided in chapter 1-26.

    If the time to take an appeal has lapsed after the final determination by the secretary of state, the administrative order assessing an administrative penalty constitutes a judgment and may be executed by delivery of a true and correct copy certified by the secretary of state in the manner provided for the execution of judgments in chapter 15-18.

    If a committee incurs the maximum penalty fee, does not submit the delinquent report, and a judgment is executed, the secretary of state may terminate that committee. If a committee is terminated, the secretary of state shall mail a termination letter to the last address on record for the treasurer. Notwithstanding whether a committee pays the penalty, if a committee does not submit the delinquent report within thirty days after receipt of the order, the secretary of state may terminate that committee. If a committee is terminated, the secretary of state shall mail a termination letter to the last address on record for the treasurer.

    Section 34. That § 12-27-29.3 be amended to read:

    12-27-29.3. No person candidate who is listed on a statement of organization for a political candidate campaign committee or political party pursuant to §§ 12-27-3 and 12-27-6 may be certified as a candidate for office unless the treasurer of the political candidate campaign committee or political party for which the person candidate is listed has:

            (1)    Paid all administrative penalties assessed pursuant to § 12-27-29.1 and any other monetary penalty imposed pursuant to this chapter against the person or the treasurer; and

            (2)    Filed all statements, documents, and information required under this title; or

            (2)    Paid each civil penalty assessed pursuant to § 12-27-29.1, or any other penalty imposed pursuant to this chapter against the candidate or the treasurer.

    Section 35. That § 12-27-32 be amended to read:

    12-27-32. The secretary of state shall endorse the date of the filing on each statement filed pursuant to this chapter, and shall preserve the statement electronically among the public records of the office. However, the statement may be destroyed if the Records Destruction Board, acting

pursuant to § 1-27-19, declares the records to have no further administrative, legal, fiscal, research, or historical value.

    Section 36. That § 12-27-33 be amended to read:

    12-27-33. No information copied, or otherwise obtained, from any statement or report, or copy, reproduction, or publication thereof, filed with the secretary of state, county auditor, or other person in charge of conducting the election under this chapter may be sold or utilized by any person for any commercial purpose or for the purpose of soliciting contributions. Any violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 37. That section 24 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 24. That § 12-27-35 be amended to read:

    12-27-35. The attorney general shall investigate and prosecute any violation of the provisions of this chapter relating to a legislative office, statewide office, or statewide ballot question political committee and prosecute any violation thereof. In lieu of bringing a criminal action, the attorney general may elect to file a civil action. In a civil action, in addition to other relief, the court may impose a civil penalty in an amount not to exceed ten thousand dollars for each violation. Any civil penalty recovered shall be paid to the state general fund. A civil action brought by the attorney general shall be commenced in Hughes County, or in the county where the person resides, or in the county where the organization, political party, or political committee has its principal office. Any violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 38. That section 25 of the enrolled version of HB 1069 as previously enacted by the
Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 25. That § 12-27-36 be amended to read:

    12-27-36. The attorney general may, for the purpose of enforcing the provisions of this chapter, inspect or examine any political committee or political party records required to be maintained by this chapter. Any person having charge, control, or possession of political committee or political party records who neglects or refuses the attorney general reasonable access to any records required to be maintained by this chapter that are necessary to enforce the provisions of this chapter is guilty of a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 39. That § 12-27-39 be amended to read:

    12-27-39. The provisions of this chapter apply to each statewide office, legislative office, statewide ballot question, county offices and ballot questions in counties with population greater than five ten thousand according to the most recent Federal census, ballot questions in first class municipalities, and school district offices and ballot questions in school districts with more than two thousand average daily membership. Any municipal or school district election covered by

this chapter shall conform to the contribution limits applicable to legislative offices. This chapter does not apply to the unified judicial system, nor does this chapter apply to any township or special purpose district offices or ballot questions or elections for municipal offices. However, the governing body of any county, township, municipality, school district, or special purpose district not otherwise covered by this chapter may adopt an ordinance or resolution to make the provisions of this chapter, with or without amendments, applicable to county, township, municipal, school district, or special purpose district elections.

    Section 40. That chapter 12-27 be amended by adding a NEW SECTION to read:

    The Office of the Secretary of State's duty to file a document under this chapter is ministerial. If the Office of the Secretary of State files or refuses to file a document, it does not:

            (1)    Affect the validity or invalidity of the document in whole or part;

            (2)    Relate to the correctness or incorrectness of information contained in the document; or

            (3)    Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect."

    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 SB 151 and returns the same with the recommendation that said bill be amended as follows:

151ja

    On page 1, line 14, of the Senate State Affairs Committee engrossed bill, after "relied" insert "which are facts for which the affiant has direct first-hand evidence".

    On page 3, line 7, after "relied" insert "which are facts for which the affiant has direct first-hand evidence".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill do pass.



Also MR. SPEAKER:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill 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 128 and returns the same with the recommendation that said bill be amended as follows:

128fb

    On page 1, line 5, of the Senate Commerce and Energy Committee engrossed bill, after "manufacturer" insert "or wholesaler".

128ftb

    On page 1, line 1, of the Senate Commerce and Energy Committee engrossed bill, after "manufacturer" insert "and wholesaler".

    On page 1, line 2, delete "charitable".

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

25ba

    On page 1, line 10, of the printed bill, after "booking photograph," insert "for a crime classified as a felony pursuant to § 22-6-1".

    On page 2, line 1, after "photograph" insert "for a crime classified as a felony pursuant to § 22-6-1".

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

27bc

    On page 1, line 10, of the Senate engrossed bill, delete "illegally".

    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 91 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1195 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1142 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1150 and 1204 were lost for failure to be placed on the Senate calendar.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1103 and 1113 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 44, 81, 102, and 120.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

    HB 1183 having been amended twice in the Senate, and the last amendment having returned the bill to a form identical to the version that passed the House, the Speaker ruled that the provisions of Article III, Section 18 of the state constitution, which require laws to pass both chambers, has been met, and no concurrence in the Senate amendments is required of the House.

    Rep. Lust moved that the House do concur in Senate amendments to HB 1141.

    The question being on Rep. Lust's motion that the House do concur in Senate amendments to HB 1141.

    And the roll being called:

    Yeas 46, Nays 19, Excused 5, Absent 0

    Yeas:
Anderson; Bartels; Campbell; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Livermont; Lust; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Reed; Rhoden; Rounds; Rozum; Schaefer; Schoenfish; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

    Nays:
Ahlers; Bartling; Bordeaux; Brunner; Dennert; Gosch; Haggar; Hawley; Howard; Kaiser; Karr; Latterell; Lesmeister; McCleerey; Pischke; Rasmussen; Ring; Smith; Wismer

    Excused:
Beal; Carson; Frye-Mueller; McPherson; Turbiville

    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.


    Rep. Jamison moved that the House do concur in Senate amendments to HB 1165.

    The question being on Rep. Jamison's motion that the House do concur in Senate amendments to HB 1165.

    And the roll being called:

    Yeas 65, Nays 0, Excused 5, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; 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; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Beal; Carson; Frye-Mueller; McPherson; Turbiville

    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.

    Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Tuesday, March 7, the 34th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on SB 95 as found on page 602 of the House Journal; also

    Agriculture and Natural Resources on SB 130 as found on page 602 of the House Journal; also

    House Committee on Appropriations on SB 147 as found on page 604 of the House Journal be adopted.

    Which motion prevailed.


SECOND READING OF CONSENT CALENDAR ITEMS

    SB 22: FOR AN ACT ENTITLED, An Act to exempt certain unmanned aircraft systems from the requirement to be registered as aircraft.

    Was read the second time.

    The question being "Shall SB 22 pass?"

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; 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; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 SENATE BILLS AND JOINT RESOLUTIONS

    SB 78: FOR AN ACT ENTITLED, An Act to revise provisions regarding election petitions for conservation district supervisors.

    Was read the second time.

    The question being "Shall SB 78 pass as amended?"

    And the roll being called:

    Yeas 52, Nays 14, Excused 4, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Conzet; Dennert; DiSanto; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Karr; Kettwig; Lake; Latterell; Lust; McCleerey; Otten (Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Clark; Goodwin; Gosch; Greenfield (Lana); Haggar; Jensen (Kevin); Kaiser; Lesmeister; Livermont; Marty; May; Mills; Pischke; Tulson

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 80: FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and to provide a penalty therefor.

    Was read the second time.

    The question being "Shall SB 80 pass as amended?"

    And the roll being called:

    Yeas 61, Nays 4, Excused 5, Absent 0

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

    Nays:
Dennert; Latterell; Pischke; Rasmussen

    Excused:
Carson; Frye-Mueller; Haggar; McPherson; Turbiville

    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.



    Speaker Pro tempore Haggar now presiding.

    SB 117: FOR AN ACT ENTITLED, An Act to increase accountability in South Dakota's criminal justice system.

    Was read the second time.

    Speaker Mickelson now presiding.

    The question being "Shall SB 117 pass as amended?"

    And the roll being called:

    Yeas 55, Nays 11, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Campbell; Dennert; Goodwin; Gosch; Haugaard; Howard; Kaiser; Karr; Livermont; Marty; May

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 124: FOR AN ACT ENTITLED, An Act to repeal the authority for the Department of Social Services to enter agreements related to the Refugee Act of 1980 and to require certain reports regarding services provided to and arrival of refugees.

    Was read the second time.

    The question being "Shall SB 124 pass as amended?"

    And the roll being called:

    Yeas 66, Nays 0, Excused 4, Absent 0


    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; 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; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 88: FOR AN ACT ENTITLED, An Act to revise the definition of an electric transmission facility.

    Was read the second time.

    The question being "Shall SB 88 pass?"

    And the roll being called:

    Yeas 64, Nays 2, Excused 4, Absent 0

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

    Nays:
Lust; Mills

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 104: FOR AN ACT ENTITLED, An Act to protect certain easement holders and rural customers from shutoffs by certain energy companies.

    Was read the second time.

104dh

    Rep. Anderson moved that SB 104 be amended as follows:

    On the Senate Commerce and Energy Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Farm tap," a natural gas piping connection to an interstate or intrastate transmission pipeline, that is made available to a farm tap customer;

            (2)    "Farm tap customer," a person who receives natural gas through a farm tap distribution system;

            (3)    "Farm tap distribution system," a customer owned pipeline system that extends from an interstate or intrastate transmission pipeline to deliver natural gas to a farm tap customer; and

            (4)    "Farm tap service provider," any third party provider of farm tap distribution system services to:

            (a)    A farm tap customer; or

            (b)    An interstate or intrastate natural gas transmission pipeline holding one or more farm tap easements.

    Section 2. That chapter 43-13 be amended by adding a NEW SECTION to read:

    A farm tap easement is an easement for the location, construction, operation or maintenance of a pipeline which includes, as part of the consideration for the easement, the provision of natural gas to and for the use of the grantor through a direct connection to the pipeline. In any court action seeking enforcement of a farm tap easement, a prevailing grantor or successor to a grantor of a farm tap easement may receive specific performance as a portion of the remedy from the farm tap easement grantee or its successor.

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

    The farm tap customer is responsible for the safety and reliability of the farm tap distribution system, unless the farm tap customer has contracted with or transferred ownership of his farm

tap distribution system to a farm tap service provider pursuant to a written agreement which expressly transfers the responsibility for the safety and reliability of the farm tap distribution system to the farm tap service provider.

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

    The farm tap service provider is not liable for damages related to or arising out of a farm tap or a farm tap distribution system, unless the damages are solely caused by the negligence of the farm tap service provider.

    Section 5. That § 49-7A-15 be amended to read:

    49-7A-15. Underground facilities owned or operated by the landowner on his own land which do not extend beyond the boundary of the private property are not subject to the provisions of this chapter Any person owning or operating underground facilities, including a farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one call notification system as an operator pursuant to chapter 49-7A. "


    Which motion prevailed.

    The question being "Shall SB 104 pass as amended?"

    And the roll being called:

    Yeas 63, Nays 2, Excused 5, Absent 0

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

    Nays:
Johns; Johnson

    Excused:
Carson; Frye-Mueller; McPherson; Soli; Turbiville

    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 141: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

    Was read the second time.

141kb

    Rep. Pischke moved that SB 141 be amended as follows:

    On page 15 of the House Judiciary Committee engrossed bill, delete lines 12 to 28, inclusive, and insert:

"

1,051-1,100   216   229   229   229   229   229  
1,101-1,150   256   279   279   279   279   279  
1,151-1,200   296   329   329   329   329   329  
1,201-1,250   319   379   379   379   379   379  
1,251-1,300   332   429   429   429   429   429  
1,301-1,350   344   479   479   479   479   479  
1,351-1,400   357   519   529   529   529   529  
1,401-1,450   369   539   579   579   579   579  
1,451-1,500   381   557   629   629   629   629  
1,501-1,550   393   574   672   679   679   679  
1,551-1,600   405   590   700   729   729   729  
1,601-1,650   416   607   719   775   779   779  
1,651-1,700   428   624   738   815   829   829  
1,701-1,750   440   640   757   846   877   879  
1,751-1,800   451   657   777   868   917   929  
1,801-1,850   463   674   796   889   957   979  
1,851-1,900   475   690   815   911   997   1,019  
1,901-1,950   487   707   835   932   1,025   1,059  
1,951-2,000   498   723   854   954   1,049   1,099  
2,001-2,050   510   740   873   975   1,073   1,139  
2,051-2,100   522   757   892   997   1,096   1,179  
2,101-2,150   533   773   912   1,018   1,120   1,218  
2,151-2,200   545   790   931   1,040   1,144   1,243  
2,201-2,250   557   807   950   1,061   1,167   1,269  
2,251-2,300   568   823   969   1,083   1,191   1,295  
2,301-2,350   580   840   989   1,104   1,215   1,321  
2,351-2,400   592   857   1,008   1,126   1,239   1,347  
2,401-2,450   603   873   1,028   1,148   1,263   1,373  
2,451-2,500   615   890   1,047   1,170   1,287   1,399  
2,501-2,550   627   907   1,067   1,191   1,311   1,425  
2,551-2,600   638   923   1,086   1,213   1,334   1,450  
2,601-2,650   650   940   1,105   1,235   1,358   1,476  
2,651-2,700   662   957   1,125   1,257   1,382   1,502  
2,701-2,750   673   973   1,144   1,278   1,406   1,528  
2,751-2,800   685   990   1,164   1,300   1,430   1,554  
2,801-2,850   696   1,007   1,183   1,322   1,454   1,580  
2,851-2,900   708   1,023   1,203   1,343   1,478   1,606  
2,901-2,950   720   1,040   1,222   1,365   1,502   1,632  
2,951-3,000   731   1,056   1,242   1,387   1,526   1,658  
3,001-3,050   743   1,073   1,261   1,409   1,549   1,684  
3,051-3,100   755   1,090   1,281   1,430   1,573   1,710  
3,101-3,150   766   1,106   1,300   1,452   1,597   1,736  
3,151-3,200   776   1,120   1,316   1,470   1,617   1,757  
3,201-3,250   779   1,125   1,321   1,476   1,623   1,765  
3,251-3,300   782   1,129   1,327   1,482   1,630   1,772  
3,301-3,350   786   1,134   1,332   1,488   1,637   1,779  
3,351-3,400   789   1,139   1,337   1,494   1,643   1,786  
3,401-3,450   792   1,144   1,343   1,500   1,650   1,793  
3,451-3,500   796   1,148   1,348   1,506   1,657   1,801  
3,501-3,550   799   1,153   1,354   1,512   1,663   1,808  
3,551-3,600   802   1,158   1,359   1,518   1,670   1,815  
3,601-3,650   810   1,169   1,371   1,532   1,685   1,832  
3,651-3,700   819   1,181   1,386   1,548   1,703   1,851  
3,701-3,750   828   1,194   1,401   1,565   1,721   1,871  
3,751-3,800   836   1,206   1,416   1,581   1,739   1,891  
3,801-3,850   845   1,219   1,430   1,598   1,758   1,911  
3,851-3,900   854   1,232   1,445   1,614   1,776   1,930  
3,901-3,950   863   1,244   1,460   1,631   1,794   1,950  
3,951-4,000   872   1,257   1,475   1,647   1,812   1,970  
4,001-4,050   879   1,267   1,487   1,661   1,827   1,986  
4,051-4,100   882   1,272   1,491   1,665   1,832   1,991  
4,101-4,150   886   1,276   1,495   1,670   1,837   1,997  
4,151-4,200   889   1,280   1,499   1,675   1,842   2,003  
4,201-4,250   893   1,285   1,504   1,680   1,848   2,008  
4,251-4,300   896   1,289   1,508   1,684   1,853   2,014  
4,301-4,350   900   1,293   1,512   1,689   1,858   2,020  
4,351-4,400   903   1,297   1,517   1,694   1,863   2,025  
4,401-4,450   907   1,302   1,521   1,699   1,869   2,031  
4,451-4,500   910   1,306   1,525   1,703   1,874   2,037  
4,501-4,550   914   1,310   1,529   1,708   1,879   2,043  
4,551-4,600   917   1,315   1,534   1,713   1,884   2,048  
4,601-4,650   921   1,319   1,538   1,718   1,890   2,054  
4,651-4,700   924   1,324   1,543   1,723   1,896   2,061  
4,701-4,750   928   1,329   1,548   1,730   1,903   2,068  
4,751-4,800   932   1,334   1,554   1,736   1,909   2,076  
4,801-4,850   936   1,339   1,560   1,742   1,916   2,083  
4,851-4,900   940   1,344   1,565   1,748   1,923   2,091  
4,901-4,950   943   1,349   1,571   1,755   1,930   2,098  
4,951-5,000   947   1,354   1,577   1,761   1,937   2,106  
5,001-5,050   951   1,360   1,582   1,767   1,944   2,113  
5,051-5,100   955   1,365   1,588   1,774   1,951   2,121  
5,101-5,150   958   1,370   1,593   1,780   1,958   2,128  
5,151-5,200   962   1,375   1,599   1,786   1,965   2,136  
5,201-5,250   966   1,380   1,605   1,792   1,972   2,143  
5,251-5,300   970   1,385   1,610   1,799   1,979   2,151  
5,301-5,350   973   1,390   1,616   1,805   1,985   2,158  
5,351-5,400   977   1,395   1,622   1,811   1,992   2,166  
5,401-5,450   981   1,400   1,627   1,818   1,999   2,173  
5,451-5,500   985   1,406   1,633   1,824   2,006   2,181  
5,501-5,550   988   1,411   1,638   1,830   2,013   2,188  
5,551-5,600   992   1,416   1,644   1,836   2,020   2,196  
5,601-5,650   996   1,421   1,650   1,843   2,027   2,203  
5,651-5,700   1,000   1,426   1,655   1,849   2,034   2,211  
5,701-5,750   1,004   1,432   1,662   1,856   2,042   2,219  
5,751-5,800   1,009   1,439   1,670   1,865   2,051   2,230  
5,801-5,850   1,014   1,446   1,678   1,874   2,061   2,241  
5,851-5,900   1,019   1,453   1,686   1,883   2,071   2,251  
5,901-5,950   1,024   1,460   1,694   1,892   2,081   2,262  
5,951-6,000   1,029   1,467   1,702   1,901   2,091   2,273  
6,001-6,050   1,034   1,474   1,710   1,910   2,101   2,284  
6,051-6,100   1,039   1,481   1,718   1,919   2,111   2,294  
6,101-6,150   1,043   1,488   1,726   1,928   2,121   2,305  
6,151-6,200   1,048   1,495   1,734   1,937   2,130   2,316  
6,201-6,250   1,053   1,502   1,742   1,946   2,140   2,327  
6,251-6,300   1,058   1,509   1,750   1,955   2,150   2,337  
6,301-6,350   1,063   1,516   1,758   1,964   2,160   2,348  
6,351-6,400   1,068   1,523   1,766   1,973   2,170   2,359  
6,401-6,450   1,073   1,530   1,774   1,982   2,180   2,370  
6,451-6,500   1,078   1,537   1,782   1,991   2,190   2,380  
6,501-6,550   1,083   1,544   1,790   2,000   2,200   2,391  
6,551-6,600   1,088   1,551   1,798   2,009   2,210   2,402  
6,601-6,650   1,093   1,558   1,806   2,018   2,219   2,413  
6,651-6,700   1,098   1,565   1,814   2,027   2,229   2,423  
6,701-6,750   1,103   1,572   1,822   2,036   2,239   2,434  
6,751-6,800   1,108   1,579   1,830   2,045   2,249   2,445  
6,801-6,850   1,113   1,586   1,839   2,054   2,259   2,456  
6,851-6,900   1,118   1,593   1,847   2,063   2,269   2,466  
6,901-6,950   1,123   1,600   1,855   2,072   2,279   2,477  
6,951-7,000   1,128   1,607   1,863   2,081   2,289   2,488  
7,001-7,050   1,133   1,614   1,871   2,090   2,299   2,498  
7,051-7,100   1,138   1,620   1,879   2,099   2,308   2,509  
7,101-7,150   1,142   1,627   1,887   2,108   2,318   2,520  
7,151-7,200   1,147   1,634   1,895   2,117   2,328   2,531  
7,201-7,250   1,152   1,641   1,903   2,125   2,338   2,541  
7,251-7,300   1,157   1,648   1,911   2,134   2,348   2,552  
7,301-7,350   1,162   1,655   1,919   2,143   2,358   2,563  
7,351-7,400   1,167   1,662   1,927   2,152   2,368   2,574  
7,401-7,450   1,172   1,669   1,934   2,161   2,377   2,583  
7,451-7,500   1,175   1,673   1,939   2,166   2,383   2,590  
7,501-7,550   1,178   1,678   1,944   2,172   2,389   2,597  
7,551-7,600   1,181   1,682   1,949   2,177   2,395   2,603  
7,601-7,650   1,185   1,687   1,954   2,183   2,401   2,610  
7,651-7,700   1,188   1,691   1,959   2,188   2,407   2,616  
7,701-7,750   1,191   1,695   1,964   2,194   2,413   2,623  
7,751-7,800   1,194   1,700   1,969   2,199   2,419   2,630  
7,801-7,850   1,197   1,704   1,974   2,205   2,425   2,636  
7,851-7,900   1,201   1,709   1,979   2,210   2,431   2,643  
7,901-7,950   1,204   1,713   1,984   2,216   2,438   2,650  
7,951-8,000   1,207   1,718   1,989   2,222   2,444   2,656  
8,001-8,050   1,210   1,722   1,994   2,227   2,450   2,663  
8,051-8,100   1,214   1,726   1,999   2,233   2,456   2,670  
8,101-8,150   1,217   1,731   2,004   2,238   2,462   2,676  
8,151-8,200   1,220   1,735   2,009   2,244   2,468   2,683  
8,201-8,250   1,223   1,740   2,014   2,249   2,474   2,689  
8,251-8,300   1,227   1,744   2,019   2,255   2,480   2,696  
8,301-8,350   1,230   1,749   2,024   2,260   2,486   2,703  
8,351-8,400   1,233   1,753   2,029   2,266   2,493   2,709  
8,401-8,450   1,236   1,758   2,034   2,271   2,499   2,716  
8,451-8,500   1,239   1,762   2,039   2,277   2,505   2,723  
8,501-8,550   1,243   1,766   2,043   2,283   2,511   2,729  
8,551-8,600   1,246   1,771   2,048   2,288   2,517   2,736  
8,601-8,650   1,249   1,775   2,053   2,294   2,523   2,743  
8,651-8,700   1,252   1,780   2,058   2,299   2,529   2,749  
8,701-8,750   1,256   1,784   2,063   2,305   2,535   2,756  
8,751-8,800   1,259   1,789   2,068   2,310   2,541   2,762  
8,801-8,850   1,262   1,793   2,073   2,316   2,547   2,769  
8,851-8,900   1,265   1,797   2,078   2,321   2,554   2,776  
8,901-8,950   1,268   1,802   2,083   2,327   2,560   2,782  
8,951-9,000   1,272   1,806   2,088   2,332   2,566   2,789  
9,001-9,050   1,275   1,811   2,093   2,338   2,572   2,796  
9,051-9,100   1,278   1,815   2,098   2,344   2,578   2,802  
9,101-9,150   1,281   1,820   2,103   2,349   2,584   2,809  
9,151-9,200   1,285   1,824   2,108   2,355   2,590   2,815  
9,201-9,250   1,288   1,829   2,113   2,360   2,596   2,822  
9,251-9,300   1,291   1,833   2,118   2,366   2,602   2,829  
9,301-9,350   1,294   1,837   2,123   2,371   2,608   2,835  
9,351-9,400   1,297   1,842   2,128   2,377   2,615   2,842  
9,401-9,450   1,301   1,846   2,133   2,382   2,621   2,849  
9,451-9,500   1,304   1,851   2,138   2,388   2,627   2,855  
9,501-9,550   1,307   1,855   2,143   2,394   2,633   2,862  
9,551-9,600   1,309   1,857   2,145   2,396   2,635   2,865  
9,601-9,650   1,310   1,859   2,146   2,397   2,637   2,866  
9,651-9,700   1,312   1,860   2,147   2,398   2,638   2,867  
9,701-9,750   1,313   1,861   2,148   2,399   2,639   2,869  
9,751-9,800   1,314   1,863   2,149   2,401   2,641   2,870  
9,801-9,850   1,315   1,864   2,150   2,402   2,642   2,872  
9,851-9,900   1,317   1,866   2,151   2,403   2,643   2,873  
9,901-9,950   1,318   1,867   2,152   2,404   2,645   2,875  
9,951-10,000   1,319   1,868   2,154   2,406   2,646   2,876  
10,001-10,050   1,321   1,870   2,155   2,407   2,647   2,878  
10,051-10,100   1,322   1,871   2,156   2,408   2,649   2,879  
10,101-10,150   1,323   1,873   2,157   2,409   2,650   2,881  
10,151-10,200   1,325   1,874   2,158   2,410   2,652   2,882  
10,201-10,250   1,326   1,876   2,159   2,412   2,653   2,884  
10,251-10,300   1,327   1,877   2,160   2,413   2,654   2,885  
10,301-10,350   1,329   1,878   2,161   2,414   2,656   2,887  
10,351-10,400   1,330   1,880   2,162   2,415   2,657   2,888  
10,401-10,450   1,331   1,881   2,164   2,417   2,658   2,890  
10,451-10,500   1,333   1,883   2,165   2,418   2,660   2,891  
10,501-10,550   1,334   1,884   2,166   2,419   2,661   2,893  
10,551-10,600   1,335   1,885   2,167   2,420   2,662   2,894  
10,601-10,650   1,337   1,887   2,168   2,422   2,664   2,895  
10,651-10,700   1,338   1,888   2,169   2,423   2,665   2,897  
10,701-10,750   1,339   1,890   2,170   2,424   2,666   2,898  
10,751-10,800   1,341   1,891   2,171   2,425   2,668   2,900  
10,801-10,850   1,342   1,892   2,172   2,427   2,669   2,901  
10,851-10,900   1,343   1,894   2,173   2,428   2,671   2,903  
10,901-10,950   1,345   1,895   2,175   2,429   2,672   2,904  
10,951-11,000   1,346   1,897   2,176   2,430   2,673   2,906  
11,001-11,050   1,347   1,898   2,177   2,431   2,675   2,907  
11,051-11,100   1,348   1,900   2,178   2,433   2,676   2,909  
11,101-11,150   1,350   1,901   2,179   2,434   2,677   2,910  
11,151-11,200   1,351   1,902   2,180   2,435   2,679   2,912  
11,201-11,250   1,352   1,904   2,181   2,436   2,680   2,913  
11,251-11,300   1,354   1,905   2,182   2,438   2,681   2,915  
11,301-11,350   1,355   1,907   2,183   2,439   2,683   2,916  
11,351-11,400   1,356   1,908   2,184   2,440   2,684   2,918  
11,401-11,450   1,358   1,909   2,186   2,441   2,685   2,919  
11-451-11,500   1,359   1,911   2,187   2,443   2,687   2,921  
11,501-11,550   1,360   1,912   2,188   2,444   2,688   2,922  
11,551-11,600   1,362   1,914   2,189   2,445   2,689   2,923  
11,601-11,650   1,363   1,915   2,190   2,446   2,691   2,925  
11,651-11,700   1,365   1,918   2,193   2,449   2,694   2,929  
11,701-11,750   1,370   1,924   2,200   2,458   2,703   2,939  
11,751-11,800   1,374   1,930   2,207   2,466   2,712   2,948  
11,801-11,850   1,379   1,937   2,215   2,474   2,721   2,958  
11,851-11,900   1,383   1,943   2,222   2,482   2,730   2,968  
11,901-11,950   1,387   1,949   2,229   2,490   2,739   2,978  
11,951-12,000   1,392   1,956   2,237   2,498   2,748   2,987  
12,001-12,050   1,396   1,962   2,244   2,507   2,757   2,997  
12,051-12,100   1,401   1,968   2,251   2,515   2,766   3,007  
12,101-12,150   1,405   1,975   2,259   2,523   2,775   3,017  
12,151-12,200   1,410   1,981   2,266   2,531   2,784   3,026  
12,201-12,250   1,414   1,987   2,273   2,539   2,793   3,036  
12,251-12,300   1,418   1,993   2,280   2,547   2,802   3,046  
12,301-12,350   1,423   2,000   2,288   2,555   2,811   3,056  
12,351-12,400   1,427   2,006   2,295   2,564   2,820   3,065  
12,401-12,450   1,432   2,012   2,302   2,572   2,829   3,075  
12,451-12,500   1,436   2,019   2,310   2,580   2,838   3,085  
12,501-12,550   1,441   2,025   2,317   2,588   2,847   3,095  
12,551-12,600   1,445   2,031   2,324   2,596   2,856   3,104  
12,601-12,650   1,449   2,038   2,332   2,604   2,865   3,114  
12,651-12,700   1,454   2,044   2,339   2,613   2,874   3,124  
12,701-12,750   1,458   2,050   2,346   2,621   2,883   3,134  
12,751-12,800   1,463   2,056   2,354   2,629   2,892   3,143  
12,801-12,850   1,467   2,063   2,361   2,637   2,901   3,153  
12,851-12,900   1,472   2,069   2,368   2,645   2,910   3,163  
12,901-12,950   1,476   2,075   2,375   2,653   2,919   3,173  
12,951-13,000   1,480   2,082   2,383   2,662   2,928   3,182  
13,001-13,050   1,485   2,088   2,390   2,670   2,937   3,192  
13,051-13,100   1,489   2,094   2,397   2,678   2,946   3,202  
13,101-13,150   1,494   2,101   2,405   2,686   2,955   3,212  
13,151-13,200   1,498   2,107   2,412   2,694   2,964   3,221  
13,201-13,250   1,503   2,113   2,419   2,702   2,973   3,231  
13,251-13,300   1,507   2,119   2,427   2,710   2,982   3,241  
13,301-13,350   1,512   2,126   2,434   2,719   2,990   3,251  
13,351-13,400   1,516   2,132   2,441   2,727   2,999   3,260  
13,401-13,450   1,520   2,138   2,448   2,735   3,008   3,270  
13,451-13,500   1,525   2,145   2,456   2,743   3,017   3,280  
13,501-13,550   1,529   2,151   2,463   2,751   3,026   3,290  
13,551-13,600   1,534   2,157   2,470   2,759   3,035   3,299  
13,601-13,650   1,538   2,163   2,478   2,768   3,044   3,309  
13,651-13,700   1,543   2,170   2,485   2,776   3,053   3,319  
13,701-13,750   1,547   2,176   2,492   2,784   3,062   3,329  
13,751-13,800   1,551   2,182   2,500   2,792   3,071   3,338  
13,801-13,850   1,556   2,189   2,507   2,800   3,080   3,348  
13,851-13,900   1,560   2,195   2,514   2,808   3,089   3,358  
13,901-13,950   1,565   2,201   2,521   2,817   3,098   3,368  
13,951-14,000   1,569   2,208   2,529   2,825   3,107   3,377  
14,001-14,050   1,574   2,214   2,536   2,833   3,116   3,387  
14,051-14,100   1,578   2,220   2,543   2,841   3,125   3,397  
14,101-14,150   1,582   2,226   2,551   2,849   3,134   3,407  
14,151-14,200   1,587   2,233   2,558   2,857   3,143   3,416  
14,201-14,250   1,591   2,239   2,565   2,865   3,152   3,426  
14,251-14,300   1,596   2,245   2,573   2,874   3,161   3,436  
14,301-14,350   1,600   2,252   2,580   2,882   3,170   3,446  
14,351-14,400   1,605   2,258   2,587   2,890   3,179   3,455  
14,401-14,450   1,609   2,264   2,595   2,898   3,188   3,465  
14,451-14,500   1,614   2,271   2,602   2,906   3,197   3,475  
14,501-14,550   1,618   2,277   2,609   2,914   3,206   3,485  
14,551-14,600   1,622   2,283   2,616   2,923   3,215   3,495  
14,601-14,650   1,627   2,289   2,624   2,931   3,224   3,504  
14,651-14,700   1,631   2,296   2,631   2,939   3,233   3,514  
14,701-14,750   1,636   2,302   2,638   2,947   3,242   3,524  
14,751-14,800   1,640   2,308   2,646   2,955   3,251   3,534  
14,801-14,850   1,645   2,315   2,653   2,963   3,260   3,543  
14,851-14,900   1,649   2,321   2,660   2,972   3,269   3,553  
14,901-14,950   1,653   2,327   2,668   2,980   3,278   3,563  
14,951-15,000   1,658   2,334   2,675   2,988   3,287   3,573  
15,001-15,050   1,662   2,340   2,682   2,996   3,296   3,582  
15,051-15,100   1,667   2,346   2,689   3,004   3,305   3,592  
15,101-15,150   1,671   2,352   2,697   3,012   3,314   3,602  
15,151-15,200   1,676   2,359   2,704   3,020   3,322   3,612  
15,201-15,250   1,680   2,365   2,711   3,029   3,331   3,621  
15,251-15,300   1,684   2,371   2,719   3,037   3,340   3,631  
15,301-15,350   1,689   2,378   2,726   3,045   3,349   3,641  
15,351-15,400   1,693   2,384   2,733   3,053   3,358   3,651  
15,401-15,450   1,698   2,390   2,741   3,061   3,367   3,360  
15,451-15,500   1,702   2,397   2,748   3,069   3,376   3,670  
15,501-15,550   1,707   2,403   2,755   3,078   3,385   3,680  
15,551-15,600   1,711   2,409   2,762   3,086   3,394   3,690  
15,601-15,650   1,716   2,415   2,770   3,094   3,403   3,699  
15,651-15,700   1,720   2,422   2,777   3,102   3,412   3,709  
15,701-15,750   1,724   2,428   2,784   3,110   3,421   3,719  
15,751-15,800   1,729   2,434   2,792   3,118   3,430   3,729  
15,801-15,850   1,733   2,441   2,799   3,126   3,439   3,738  
15,851-15,900   1,738   2,447   2,806   3,135   3,448   3,748  
15,901-15,950   1,742   2,453   2,814   3,143   3,457   3,758  
15,951-16,000   1,747   2,460   2,821   3,151   3,466   3,768  
16,001-16,050   1,751   2,466   2,828   3,159   3,475   3,777  
16,051-16,100   1,755   2,472   2,836   3,167   3,484   3,787  
16,101-16,150   1,760   2,478   2,843   3,175   3,493   3,797  
16,151-16,200   1,764   2,485   2,850   3,184   3,502   3,807  
16,201-16,250   1,769   2,491   2,857   3,192   3,511   3,816  
16,251-16,300   1,773   2,497   2,865   3,200   3,520   3,826  
16,301-16,350   1,778   2,504   2,872   3,208   3,529   3,836  
16,351-16,400   1,782   2,510   2,879   3,216   3,538   3,846  
16,401-16,450   1,786   2,516   2,887   3,224   3,547   3,855  
16,451-16,500   1,791   2,523   2,894   3,233   3,556   3,865  
16,501-16,550   1,795   2,529   2,901   3,241   3,565   3,875  
16,551-16,600   1,800   2,535   2,909   3,249   3,574   3,885  
16,601-16,650   1,804   2,541   2,916   3,257   3,583   3,894  
16,651-16,700   1,809   2,548   2,923   3,265   3,592   3,904  
16,701-16,750   1,813   2,554   2,930   3,273   3,601   3,914  
16,751-16,800   1,817   2,560   2,938   3,281   3,610   3,924  
16,801-16,850   1,822   2,567   2,945   3,290   3,619   3,933  
16,851-16,900   1,826   2,573   2,952   3,298   3,628   3,943  
16,901-16,950   1,831   2,579   2,960   3,306   3,637   3,953  
16,951-17,000   1,835   2,585   2,967   3,314   3,646   3,963  
17,001-17,050   1,840   2,592   2,974   3,322   3,655   3,972  
17,051-17,100   1,844   2,598   2,982   3,330   3,663   3,982  
17,101-17,150   1,849   2,604   2,989   3,339   3,672   3,992  
17,151-17,200   1,853   2,611   2,996   3,347   3,681   4,002  
17,201-17,250   1,857   2,617   3,003   3,355   3,690   4,011  
17,251-17,300   1,862   2,623   3,011   3,363   3,699   4,021  
17,301-17,350   1,866   2,630   3,018   3,371   3,708   4,031  
17,351-17,400   1,871   2,636   3,025   3,379   3,717   4,041  
17,401-17,450   1,875   2,642   3,033   3,388   3,726   4,050  
17,451-17,500   1,880   2,648   3,040   3,396   3,735   4,060  
17,501-17,550   1,884   2,655   3,047   3,404   3,744   4,070  
17,551-17,600   1,888   2,661   3,055   3,412   3,753   4,080  
17,601-17,650   1,893   2,667   3,062   3,420   3,762   4,089  
17,651-17,700   1,897   2,674   3,069   3,428   3,771   4,099  
17,701-17,750   1,902   2,680   3,077   3,436   3,780   4,109  
17,751-17,800   1,906   2,686   3,084   3,445   3,789   4,119  
17,801-17,850   1,911   2,693   3,091   3,453   3,798   4,129  
17,851-17,900   1,915   2,699   3,098   3,461   3,807   4,138  
17,901-17,950   1,919   2,705   3,106   3,469   3,816   4,148  
17,951-18,000   1,924   2,711   3,113   3,477   3,825   4,158  
18,001-18,050   1,928   2,718   3,120   3,485   3,834   4,168  
18,051-18,100   1,933   2,724   3,128   3,494   3,843   4,177  
18,101-18,150   1,937   2,730   3,135   3,502   3,852   4,187  
18,151-18,200   1,942   2,737   3,142   3,510   3,861   4,197  
18,201-18,250   1,946   2,743   3,150   3,518   3,870   4,207  
18,251-18,300   1,951   2,749   3,157   3,526   3,879   4,216  
18,301-18,350   1,955   2,756   3,164   3,534   3,888   4,226  
18,351-18,400   1,959   2,762   3,171   3,543   3,897   4,236  
18,301-18,450   1,964   2,768   3,179   3,551   3,906   4,246  
18,451-18,500   1,968   2,774   3,186   3,559   3,915   4,255  
18,501-18,550   1,973   2,781   3,193   3,567   3,924   4,265  
18,551-18,600   1,977   2,787   3,201   3,575   3,933   4,275  
18,601-18,650   1,982   2,793   3,208   3,583   3,942   4,285  
18,651-18,700   1,986   2,800   3,215   3,591   3,951   4,294  
18,701-18,750   1,990   2,806   3,223   3,600   3,960   4,304  
18,751-18,800   1,995   2,812   3,230   3,608   3,969   4,314  
18,801-18,850   1,999   2,819   3,237   3,616   3,978   4,324  
18,851-18,900   2,004   2,825   3,244   3,624   3,987   4,333  
18,901-18,950   2,008   2,831   3,252   3,632   3,995   4,343  
18,951-19,000   2,013   2,837   3,259   3,640   4,004   4,353  
19,001-19,050   2,017   2,844   3,266   3,649   4,013   4,363  
19,051-19,100   2,021   2,850   3,274   3,657   4,022   4,372  
19,101-19,150   2,026   2,856   3,281   3,665   4,031   4,382  
19,151-19,200   2,030   2,863   3,288   3,673   4,040   4,392  
19,201-19,250   2,035   2,869   3,296   3,681   4,049   4,402  
19,251-19,300   2,039   2,875   3,303   3,689   4,058   4,411  
19,301-19,350   2,044   2,882   3,310   3,698   4,067   4,421  
19,351-19,400   2,048   2,888   3,318   3,706   4,076   4,431  
19,401-19,450   2,053   2,894   3,325   3,714   4,085   4,441  
19,451-19,500   2,057   2,900   3,332   3,722   4,094   4,450  
19,501-19,550   2,061   2,907   3,339   3,730   4,103   4,460  
19,551-19,600   2,066   2,913   3,347   3,738   4,112   4,470  
19,601-19,650   2,070   2,919   3,354   3,746   4,121   4,480  
19,651-19,700   2,075   2,926   3,361   3,755   4,130   4,489  
19,701-19,750   2,079   2,932   3,369   3,763   4,139   4,499  
19,751-19,800   2,084   2,938   3,376   3,771   4,148   4,509  
19,801-19,850   2,088   2,945   3,383   3,779   4,157   4,519  
19,851-19,900   2,092   2,951   3,391   3,787   4,166   4,528  
19,901-19,950   2,097   2,957   3,398   3,795   4,175   4,538  
19,951-20,000   2,101   2,963   3,405   3,804   4,184   4,548  
".


    Delete pages 16 to 34, inclusive.

    On page 35, delete lines 1 to 11, inclusive.

    A roll call vote was requested and supported.

    The question being on Rep. Pischke's motion that SB 141 be amended.

    And the roll being called:

    Yeas 32, Nays 34, Excused 4, Absent 0

    Yeas:
Bartels; Beal; Brunner; Campbell; Clark; Dennert; DiSanto; Goodwin; Gosch; Greenfield (Lana); Haugaard; Howard; Jamison; Jensen (Kevin); Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Sue); Pischke; Qualm; Rasmussen; Steinhauer; Tulson; Wiese; Willadsen; Zikmund

    Nays:
Ahlers; Anderson; Bartling; Bordeaux; Chase; Conzet; Duvall; Glanzer; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Johns; Johnson; Kettwig; Lake; Lust; McCleerey; Peterson (Kent); Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Stevens; Tieszen; Wismer; York; Speaker Mickelson

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

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


    The question being "Shall SB 141 pass as amended?"

    And the roll being called:

    Yeas 40, Nays 26, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Bordeaux; Chase; Clark; Conzet; Duvall; Glanzer; Haggar; Haugaard; Hawley; Holmes; Hunhoff; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Lust; McCleerey; Mills; Peterson (Kent); Reed; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Willadsen; Wismer; York; Zikmund; Speaker Mickelson


    Nays:
Beal; Brunner; Campbell; Dennert; DiSanto; Goodwin; Gosch; Greenfield (Lana); Heinemann; Howard; Jamison; Kaiser; Karr; Latterell; Lesmeister; Livermont; Marty; May; Otten (Herman); Peterson (Sue); Pischke; Qualm; Rasmussen; Rhoden; Tulson; Wiese

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 23: FOR AN ACT ENTITLED, An Act to revise the authority of the Transportation Commission to make loans from the state highway fund to local governments for highway and bridge construction and maintenance purposes.

    Was read the second time.

    The question being "Shall SB 23 pass?"

    And the roll being called:

    Yeas 63, Nays 3, Excused 4, Absent 0

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

    Nays:
Kaiser; Marty; May

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

    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 43: FOR AN ACT ENTITLED, An Act to make an appropriation to expand intensive methamphetamine treatment services within the Department of Social Services and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 43 pass?"

    And the roll being called:

    Yeas 51, Nays 15, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Chase; Clark; Conzet; Duvall; Glanzer; Greenfield (Lana); Haggar; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Latterell; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Brunner; Campbell; Dennert; DiSanto; Goodwin; Gosch; Howard; Kaiser; Karr; Livermont; Marty; May; Peterson (Sue); Pischke; Rasmussen

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

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

    SB 172: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to transfer certain funds, to make an appropriation, and to declare an emergency.

    Was read the second time.

172fe

    Rep. Anderson moved that SB 172 be amended as follows:

    On page 4, line 8, of the Joint Appropriations Committee engrossed bill, after "The" insert "executive director of the".

    Which motion prevailed.

    The question being "Shall SB 172 pass as amended?"

    And the roll being called:

    Yeas 56, Nays 10, Excused 4, Absent 0

    Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Chase; Clark; Conzet; DiSanto; Duvall; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lesmeister; Lust; McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Campbell; Dennert; Haugaard; Howard; Kaiser; Latterell; Livermont; Marty; May; Wiese

    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

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

    SB 125: FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

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

    The question being "Shall SB 125 pass?"

    And the roll being called:

    Yeas 31, Nays 35, Excused 4, Absent 0

    Yeas:
Ahlers; Bartels; Bartling; Bordeaux; Duvall; Haugaard; Hawley; Johns; Johnson; Lesmeister; Livermont; Lust; May; McCleerey; Otten (Herman); Peterson (Kent); Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Wismer; York; Zikmund; Speaker Mickelson

    Nays:
Anderson; Beal; Brunner; Campbell; Chase; Clark; Conzet; Dennert; DiSanto; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Kaiser; Karr; Kettwig; Lake; Latterell; Marty; Mills; Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Wiese; Willadsen


    Excused:
Carson; Frye-Mueller; McPherson; Turbiville

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

    There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1005, 1044, 1084, 1124, and 1174 were delivered to his Excellency, the Governor, for his approval at 11:30 a.m., March 2, 2017.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1053, 1065, 1077, 1100, 1107, 1144, and 1195 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

SIGNING OF BILLS

    The Speaker publicly read the title to

    HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the attorney recruitment assistance program.

    HB 1065: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the liability of persons for certain business debts.

    HB 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

    HB 1077: FOR AN ACT ENTITLED, An Act to provide for the assignment of certain benefits in dental care insurance coverage.


    HB 1083: FOR AN ACT ENTITLED, An Act to establish certain provisions for awarding grants and collecting surcharges related to the equal access to our courts fund.

    HB 1100: FOR AN ACT ENTITLED, An Act to allow law enforcement to initiate a mental illness hold in domestic abuse situations.

    HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval by the governing board of licenses for alcoholic beverages.

    HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf carts on state highways.

    HB 1118: FOR AN ACT ENTITLED, An Act to eliminate the need to prove the use of force, fraud, or coercion in the human trafficking of minors.

    HB 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commercial driver license disqualification for refusing to submit to a chemical analysis.

    HB 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain telecommunication services and devices.

    HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health coverage for applied behavior analysis.

    HB 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the expiration of a permit and a warning ticket for carrying a concealed pistol while in possession of an expired permit.

    SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions of the prescription drug monitoring program.

    SB 6: FOR AN ACT ENTITLED, An Act to revise the review process to determine the need for additional nursing facilities or nursing facility beds and to require a report to the Legislature.

    SB 7: FOR AN ACT ENTITLED, An Act to revise the criteria for determining if property is classified as agricultural land for property tax purposes.

    SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Fair Commission and the administration of the fairgrounds and to declare an emergency.

    SB 14: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    SB 15: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.


    SB 17: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a natural resources research and support facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

    SB 18: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the Stanley J. Marshall Center on the campus of South Dakota State University and to make an appropriation therefor.

    SB 19: FOR AN ACT ENTITLED, An Act to establish for the Board of Regents and its institutions a fund for the receipt and disbursement of federal grants and contracts and a fund for the receipt and disbursement of other grants and contracts and to make an appropriation therefor.

    SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions related to securities held as unclaimed property and to declare an emergency.

    SB 36: FOR AN ACT ENTITLED, An Act to revise the time to file certain tax returns and remit certain taxes.

    SB 49: FOR AN ACT ENTITLED, An Act to license and regulate freestanding emergency medical care facilities.

    SB 59: FOR AN ACT ENTITLED, An Act to delay the effective date for initiated measures and referred laws.

    SB 63: FOR AN ACT ENTITLED, An Act to eliminate the postage administration fund and deposit fees to the general fund.

    SB 66: FOR AN ACT ENTITLED, An Act to specifically classify certain agricultural land as riparian buffer strips, to establish the criteria for the riparian buffer strip classification, and to provide for the taxation thereof.

    SB 68: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage sampling provisions.

    SB 69: FOR AN ACT ENTITLED, An Act to revise the tax required when a new motor vehicle dealer licenses a new motor vehicle.

    SB 70: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to increase the transfer from the water and environment fund to the environment and natural resources fee fund, and to declare an emergency.

    SB 71: FOR AN ACT ENTITLED, An Act to revise certain provisions of the reinvestment payment program.


    SB 74: FOR AN ACT ENTITLED, An Act to exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.

    SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purchase from a municipality of malt beverages by certain alcoholic beverage licensees.

    SB 77: FOR AN ACT ENTITLED, An Act to provide for a fiscal note for any initiated measure, initiated amendment to the Constitution, or referred law that would have a fiscal impact on the state.

    SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of motorcycle license plates.

    SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the review of juvenile corrections.

    SB 84: FOR AN ACT ENTITLED, An Act to provide for the suspension of the probationary period for juvenile probationers under certain conditions.

    SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deposit of county funds.

    SB 113: FOR AN ACT ENTITLED, An Act to require certain provisions to be met before distribution of the 911 emergency surcharge revenue and to revise the effective date for the sunset clause provisions that lower the 911 emergency surcharge and revise the method of distributing funds.

    SB 118: FOR AN ACT ENTITLED, An Act to allow for special motor vehicle license plates depicting the Dignity sculpture.

    SB 123: FOR AN ACT ENTITLED, An Act to revise the area where certain nonresident waterfowl licenses may be issued.

    SB 131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period of time certain persons are prohibited from lobbying after leaving office.

    SB 136: FOR AN ACT ENTITLED, An Act to permit and regulate the practice of licensed certified professional midwives.

    SB 140: FOR AN ACT ENTITLED, An Act to require schools to provide instruction in hands-only cardiopulmonary resuscitation.

    SB 143: FOR AN ACT ENTITLED, An Act to create an off-sale delivery license and to allow certain off-sale licensees to deliver alcohol.


    SB 145: FOR AN ACT ENTITLED, An Act to provide limitation on liability for certain architects and engineers

    And signed the same in the presence of the House.

    Rep. Beal moved that the House do now adjourn, which motion prevailed and at 5:08 p.m. the House adjourned.

Arlene Kvislen, Chief Clerk



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