House of Representatives Journal 2/14/2018 02:00 PM

JOURNAL OF THE HOUSE

NINETY-THIRD SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 14, 2018

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

The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by House page Kamryn Brunner.

Roll Call: All members present except Reps. Campbell, Lesmeister, McPherson, and Soli who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-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.

There being no objection, the House proceeded to Order of Business No. 7 - Messages from the Senate.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1016 and 1033 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1074 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 24, 65, 99, and 212 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Kay Johnson, Secretary

MOTIONS AND RESOLUTIONS

Yesterday, Rep. Gosch announced his intention to reconsider the vote by which HB 1216 lost.

Rep. Gosch moved that the House do now reconsider the vote by which HB 1216 lost and that it be placed at the top of today's calendar.

The question being on Rep. Gosch's motion to reconsider the vote by which HB 1216 lost and that it be placed at the top of today's calendar.

And the roll being called:

Yeas 42, Nays 24, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Carson; Chase; Dennert; Diedrich; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Holmes; Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Latterell; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rozum; Schaefer; Steinhauer; Tulson; Turbiville; Wiese; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Brunner; Clark; Conzet; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Hunhoff; Johns; Lake; Lust; McCleerey; Rhoden; Ring; Rounds; Schoenfish; Smith; Stevens; Willadsen; Wismer

Excused:
Campbell; Lesmeister; McPherson; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1216 was so placed.

Yesterday, Rep. Latterell announced his intention to reconsider the vote by which HB 1277 passed.

No member moved to reconsider the vote by which HB 1277 passed.

Yesterday, Rep. Hawley announced his intention to reconsider the vote by which HB 1230 lost.

Rep. Hawley moved that the House do now reconsider the vote by which HB 1230 lost and that it be placed to follow HB 1216 on today's calendar.

The question being on Rep. Hawley's motion to reconsider the vote by which HB 1230 lost and that it be placed to follow HB 1216 on today's calendar.

And the roll being called:

Yeas 38, Nays 28, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Carson; Diedrich; Duvall; Haugaard; Hawley; Holmes; Hunhoff; Jensen (Kevin); Johns; Karr; Kettwig; Lust; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Reed; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Beal; Brunner; Chase; Clark; Conzet; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Heinemann; Howard; Jamison; Johnson; Kaiser; Lake; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rhoden; Rounds

Excused:
Campbell; Lesmeister; McPherson; Soli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1230 was so placed.

Rep. Qualm moved that HB 1007 be placed to precede HB 1140 on today's calendar.

Which motion prevailed.

Rep. Qualm moved that the following bills be deferred:

HB 1250 to Tuesday, February 20, 2018, the 25^th legislative day; also

HB 1234 to Wednesday, February 21, 2018, the 26^th legislative day.

Which motion prevailed.

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 15, 2018, the 24^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Qualm moved that the report of the Standing Committee on Health and Human Services on SB 164 as found on page 416 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 24: FOR AN ACT ENTITLED, An Act to extend the effective date of certain provisions regarding the recreational use of nonmeandered water.

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

SB 65: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding drug deliveries that result in death and to provide a penalty therefor.

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

SB 99: FOR AN ACT ENTITLED, An Act to authorize the release of certain 911 emergency surcharge information to public safety answering points.

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

SB 212: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Bureau of Information and Telecommunications assistance to schools.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding filing and recording secured transaction records with the Office of the Secretary of State.

Was read the second time.

The question being “Shall HB 1248 pass as amended?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

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

Nays:
Frye-Mueller; Goodwin; Steinhauer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1161: FOR AN ACT ENTITLED, An Act to revise certain references to the International Building Code.

Was read the second time.

The question being “Shall HB 1161 pass?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Nays:
Frye-Mueller; Goodwin; Steinhauer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal publication deadlines.

Was read the second time.

The question being “Shall HB 1163 pass?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Nays:
Frye-Mueller; Goodwin; Steinhauer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the abandonment or dissolution of television translator districts.

Was read the second time.

The question being “Shall HB 1168 pass?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Nays:
Frye-Mueller; Goodwin; Steinhauer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the commissioner form of municipal government.

Was read the second time.

The question being “Shall HB 1169 pass?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Nays:
Frye-Mueller; Goodwin; Steinhauer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1183: FOR AN ACT ENTITLED, An Act to revise the deadline for the certification of certain municipal ballot language to the county auditor.

Was read the second time.

The question being “Shall HB 1183 pass?”

And the roll being called:

Yeas 63, Nays 3, Excused 4, Absent 0

Nays:
Frye-Mueller; Goodwin; Steinhauer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1216: FOR AN ACT ENTITLED, An Act to provide for limits on certain out-of-state contributions to ballot question committees.

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

The question being “Shall HB 1216 pass?”

And the roll being called:

Yeas 36, Nays 30, Excused 4, Absent 0

Yeas:
Anderson; Bartels; Barthel; Beal; Carson; Chase; Dennert; Diedrich; DiSanto; Frye-Mueller; Gosch; Greenfield (Lana); Jamison; Jensen (Kevin); Johnson; Karr; Kettwig; Lake; Livermont; Marty; May; Mills; Otten (Herman); Peterson (Kent); Pischke; Qualm; Reed; Rozum; Schaefer; Steinhauer; Tulson; Turbiville; Wiese; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bartling; Bordeaux; Brunner; Clark; Conzet; Duvall; Glanzer; Goodwin; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Johns; Kaiser; Latterell; Lust; McCleerey; Peterson (Sue); Rasmussen; Rhoden; Ring; Rounds; Schoenfish; Smith; Stevens; Willadsen; Wismer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1230: FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of the law prohibiting certain electronic communications while operating a motor vehicle and to revise the penalty for a violation of that law.

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

1230aa

Rep. Hawley moved that HB 1230 be amended as follows:

On page 2, line 2, of the printed bill, remove the overstrikes from "~~petty offense with a fine of one hundred dollars~~".

On page 2, line 2, delete "Class 2".

On page 2, line 3, delete "misdemeanor".

Which motion prevailed.

The question being “Shall HB 1230 pass as amended?”

And the roll being called:

Yeas 40, Nays 26, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Carson; Conzet; Diedrich; Duvall; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jensen (Kevin); Johns; Karr; Kettwig; Lake; Lust; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Reed; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund

Nays:
Beal; Brunner; Chase; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Howard; Jamison; Johnson; Kaiser; Latterell; Livermont; Marty; May; Mills; Peterson (Sue); Pischke; Qualm; Rhoden; Rounds; Speaker Mickelson

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1007: FOR AN ACT ENTITLED, An Act to require any initiated measure to embrace only one subject.

Was read the second time.

1007wb

Rep. Kent Peterson moved that HB 1007 be amended as follows:

On page 1, after line 7 of the House State Affairs Committee engrossed bill, insert:

"Section 2. The provisions of this Act are effective January 1, 2019.".

Which motion prevailed.

The question being “Shall HB 1007 pass as amended?”

And the roll being called:

Yeas 57, Nays 9, Excused 4, Absent 0

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

Nays:
Ahlers; Bartling; Bordeaux; Hawley; Kaiser; McCleerey; Ring; Smith; Wismer

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding access to public water.

Was read the second time.

1140ka

Rep. Herman Otten moved that HB 1140 be amended as follows:

On page 1, line 7, of the House State Affairs Committee engrossed bill, delete everything after "acres" and insert ".".

On page 2, line 5, delete everything after "acres" and insert ".".

On page 2, line 6, delete everything before "This" .

On page 2, line 6, delete "or abandonment".

Which motion prevailed.

The question being “Shall HB 1140 pass as amended?”

And the roll being called:

Yeas 57, Nays 9, Excused 4, Absent 0

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

Nays:
Bartling; Frye-Mueller; Gosch; Lake; Livermont; May; Mills; Peterson (Sue); Schoenfish

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of alcoholic beverages by passengers aboard vehicles operated by licensed carriers.

Was read the second time.

The question being “Shall HB 1146 pass as amended?”

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

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

Nays:
Haugaard; Peterson (Sue)

Excused:
Campbell; Lesmeister; McPherson; Soli

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

There being no objection, the House reverted to Order of Business No. 8 - Motions
& Resolutions.

MOTIONS AND RESOLUTIONS

Rep. Heinemann moved that HB 1250 be placed on today's calendar to follow HB 1146.

Which motion prevailed and the bill was so placed.

Rep. DiSanto moved that the Committee on Commerce and Energy be instructed to deliver HB 1287 to the floor of the House, pursuant to Joint Rule 7-7.

Rep. Rounds rose to a point of order that Rep. Latterell was addressing the bill. The Speaker gave latitude to Rep. Latterell.

The question being on Rep. DiSanto's motion that the Committee on Commerce and Energy be instructed to deliver HB 1287 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

There being no objection, the House proceeded to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1250: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale and possession of tobacco products.

Was read the second time.

The question being “Shall HB 1250 pass?”

And the roll being called:

Yeas 21, Nays 45, Excused 4, Absent 0

Yeas:
Barthel; Bartling; Bordeaux; Conzet; Diedrich; Duvall; Heinemann; Holmes; Johns; Lust; McCleerey; Mills; Peterson (Sue); Reed; Ring; Rozum; Schaefer; Smith; Stevens; Wismer; York

Nays:
Ahlers; Anderson; Bartels; Beal; Brunner; Carson; Chase; Clark; Dennert; DiSanto; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Howard; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Marty; May; Otten (Herman); Peterson (Kent); Pischke; Qualm; Rasmussen; Rhoden; Rounds; Schoenfish; Steinhauer; Tulson; Turbiville; Wiese; Willadsen; Zikmund; Speaker Mickelson

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1278: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the extradition of fugitives by Indian tribes.

Was read the second time.

The question being “Shall HB 1278 pass as amended?”

And the roll being called:

Yeas 52, Nays 0, Excused 18, Absent 0

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

Excused:
Beal; Campbell; DiSanto; Gosch; Greenfield (Lana); Hawley; Johnson; Lesmeister; May; McCleerey; McPherson; Mills; Pischke; Rounds; Soli; Steinhauer; Willadsen; Zikmund

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

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that said bill be amended as follows:

1178wa

On page 2, line 13, of the printed bill, delete "fifteen" and insert "eighteen".

On page 2, line 15, delete "fifteen" and insert "eighteen".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1188 and returns the same with the recommendation that said bill be amended as follows:

1188ba

On page 2, line 2, of the printed bill, after "any scholarship program" insert ", dual credit program,".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1187 and 1316 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The House Committee on Appropriations respectfully reports that it has had under consideration HB 1266 and 1300 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David L. Anderson, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
SB 46 and returns the same with the recommendation that said bill be amended as follows:

46ca

On page 1, line 13, of the Senate Education Committee engrossed bill, after ";" insert "and".

On page 1, line 15, delete "; and" and insert ".".

On page 2, delete line 1.

46cb

On page 1, line 8, of the Senate Education Committee engrossed bill, after "for" insert "immediately".

On page 1, line 8, delete everything after "student" .

On page 1, line 9, delete "day".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration
HB 1303 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Timothy R. Johns, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1162 and 1319 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1004 and returns the same with the recommendation that said resolution be amended as follows:

j1004jc

On page 1 of the printed resolution, delete lines 10 and 11, and insert:

"Section 2. That Article VI, section 29 of the Constitution of the State of South Dakota, be amended to read as follows:

§ 29. A victim shall have the following rights~~, beginning at the time of victimization~~:

1. The right to due process and to be treated with fairness and respect for the victim's dignity;

2. The right to be free from intimidation, harassment and abuse;

3. The right to be reasonably protected from the accused and any person acting on behalf of the accused;

4. The right to have the safety and welfare of the victim and the victim's family considered when setting bail or making release decisions;

5. The right, upon request, to prevent the disclosure to the public, or the defendant or anyone acting on behalf of the defendant in the criminal case, of information or records that could be used to locate or harass the victim or the victim's family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records. This does not limit law enforcement from sharing information with the public for the purposes of enlisting the public's help in solving a crime;

6. The right, upon request, to privacy, which includes the right to refuse an interview, deposition or other discovery request, and to set reasonable conditions on the conduct of any such interaction to which the victim consents;

7. The right, upon request, to reasonable, accurate and timely notice of, and to be present at, all proceedings involving the criminal or delinquent conduct, including release, plea, sentencing, adjudication and disposition, and any proceeding during which a right of the victim is implicated;

8. The right, upon request, to be promptly notified of any release or escape of the accused;

9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication, disposition or parole, and any proceeding during which a right of the victim is implicated;

10. The right, upon request, to confer with the attorney for the government;

11. The right to provide information regarding the impact of the offender's conduct on the victim and the victim's family to the individual responsible for conducting any pre-sentence or disposition sentence investigation report or plan of disposition, and to have any such information considered in any sentencing or disposition recommendations;

12. The right, upon request, to receive a copy of any pre-sentence report or plan of disposition, and any other report or record relevant to the exercise of a victim's right, except for those portions made confidential by law;

13. The right, upon request, to the prompt return of the victim's property when no longer needed as evidence in the case;

14. The right to full and timely restitution in every case and from each offender for all losses suffered by the victim as a result of the criminal conduct and as provided by law for all losses suffered as a result of delinquent conduct. All monies and property collected from any person who has been ordered to make restitution shall be first applied to the restitution owed to the victim before paying any amounts owed to the government;

15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings;

16. The right, upon request, to be informed of the conviction, adjudication, sentence, disposition, place and time of incarceration, detention or other disposition of the offender, any scheduled release date of the offender, and the release of or the escape by the offender from custody;

17. The right, upon request, to be informed in a timely manner of all post-judgment processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. Any parole authority shall extend the right to be heard to any person harmed by the offender;

18. The right, upon request, to be informed in a timely manner of clemency and expungement procedures, to provide information to the Governor, the court, any clemency board and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made, and to be notified of such decision in advance of any release of the offender; and

19. The right to be informed of these rights, and to be informed that a victim can seek the advice of an attorney with respect to the victim's rights. This information shall be made available to the general public and provided to each crime victim in what is referred to as a Marsy's Card.

The victim, the retained attorney of the victim, a lawful representative of the victim, or the attorney for the government, upon request of the victim, may assert and seek enforcement of the rights enumerated in this section and any other right afforded to a victim by law in any trial or appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by due course of law for the violation of any right and ensuring that victims' rights and interests are protected in a manner no less vigorous than the protections afforded to criminal defendants and children accused of delinquency. The reasons for any decision regarding the disposition of a victim's right shall be clearly stated on the record.

The granting of these rights to any victim shall ensure the victim has a meaningful role throughout the criminal and juvenile justice systems and may not be construed to deny or disparage other rights possessed by victims. ~~All provisions of this section apply throughout criminal and juvenile justice processes, are self-enabling and require no further action by the Legislature.~~ The Legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims by this section.

As used in this section, the term, victim, means a person ~~who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or~~ against whom ~~the~~ a crime or delinquent act is committed. ~~The~~ In the case of a victim who is killed or incapacitated as a result of the crime or delinquent act, or who is a minor, the term also includes any spouse, parent, child, sibling, or as designated by the court, grandparent, ~~child, sibling,~~ grandchild, or guardian, and any person with a relationship to the victim that is substantially similar to a listed relationship, and includes a lawful representative of a victim who is deceased, incompetent, a minor, or physically or mentally incapacitated. The term does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor or incapacitated victim.

Nothing in this section or any law enacted under this section creates a cause of action for damages against the state or any political subdivision of the state, or any officer, employee, or agent of the state or of any political subdivision of the state. ".

Delete pages 2 to 5, inclusive.

j1004jtb

On page 1, line 2, of the printed resolution, delete "repeal" and insert "revise".

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1174 and returns the same with the recommendation that said bill be amended as follows:

1174jd

On page 2 of the printed bill, delete lines 6 to 24, inclusive.

Delete pages 3 to 7, inclusive.

On page 8, delete lines 1 to 5, inclusive.

On page 8, line 7, of the printed bill, before "No" insert "A victim may seek a cause of action for injunctive relief to enforce the victim's rights under S.D. Const., Art. VI, § 29 or this chapter.".

On page 8, line 7, after "No" insert "other".

On page 8, delete lines 18 to 24, inclusive, and insert:

"Nothing in this Act may prevent interagency multidisciplinary teams from sharing information for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4, in the course of the team member's speciality or occupation. Any information regarding a victim that a team member shares with other team members shall remain confidential, pursuant to this title. A team shall consist of law enforcement personnel, a representative of the prosecuting attorney's office, licensed or certified medical professionals, and any victim advocate. Any interagency multidisciplinary team formed to investigate crimes involving child victims shall also include child advocacy center staff where such staff is available in the region, child protection team members, as defined in § 26-8A-17, and licensed or certified mental health professionals. The team may include additional members at the discretion of the team. Each multidisciplinary team shall have written procedures and guidelines. Multidisciplinary team members shall annually sign a memorandum of understanding acknowledging the procedure and guidelines. The memorandum of understanding

shall also include an information sharing and confidentiality agreement, approved by the attorney general, assuring compliance with title 23A.The multidisciplinary team shall file a list of team members and the memorandums of understanding with the Office of the Attorney General and the Department of Social Services as required by § 26-8A-17.".

Delete page 9.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1132, which was reconsidered, and returns the same with the recommendation that said bill be referred to the Committee on Judiciary.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1312 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. SPEAKER:

The Joint Committee on Appropriations respectfully reports that it has had under consideration HB 1118 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
David L. Anderson, Co-Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1209 and 1292 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1293 and returns the same with the recommendation that said bill be amended as follows:

1293ja

On page 1, line 7, of the printed bill, delete "emergency medical technician" and insert "ambulance service personnel".

On page 1, line 12, delete "emergency medical technician" and insert "ambulance service personnel".

1293jta

On page 1, line 2, of the printed bill, delete "emergency medical technicians" and insert "ambulance service personnel".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1204 and returns the same with the recommendation that said bill be amended as follows:

1204wa

On page 9 of the printed bill, delete lines 2 to 4, inclusive, and insert "Unless the power of attorney otherwise provides, an agent who is an individual is entitled to reimbursement of expenses reasonably incurred on behalf of the principal, but not to compensation. If a power of attorney provides for compensation or if the agent is a bank or trust company authorized to administer trusts in South Dakota, the compensation shall be reasonable under the circumstances.".

On page 31, delete lines 4 to 7, inclusive, and insert:

"(i) The principal's minor children;

(ii) The principal's adult children who are pursuing a postsecondary school education and are under the age of twenty-five;

(iii) The principal's parents or the parents of the principal's spouse, if the principal had established a pattern of such payments; and

(iv) Any other individual legally entitled to be supported by the principal;".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration
HB 1189, 1228, 1260, and 1290 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Stevens, Chair

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1164 which was tabled.

Also MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1287 and 1301 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tim Rounds, Chair

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1074 and finds the same correctly enrolled.

Respectfully submitted,

G. Mark Mickelson, Chair

There being no objection, the House proceeded to Order of Business No. 13 - Second Reading of House Bills and Joint Resolutions.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

There being no objection, HB 1166 will be placed to follow HB 1278 on today's calendar.

HB 1166: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding waivers recommended by the School Finance Accountability Board.

Was read the second time.

The question being “Shall HB 1166 pass?”

And the roll being called:

Yeas 54, Nays 8, Excused 8, Absent 0

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

Nays:
Ahlers; Bartling; Bordeaux; Hawley; McCleerey; Ring; Smith; Wismer

Excused:
Beal; Campbell; Gosch; Lesmeister; McPherson; Mills; Pischke; Soli

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

HB 1268: FOR AN ACT ENTITLED, An Act to provide for revised dates to prefile legislation.

Was read the second time.

The question being “Shall HB 1268 pass?”

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; 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; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Excused:
Campbell; Lesmeister; McPherson; Soli

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

HB 1241: FOR AN ACT ENTITLED, An Act to establish an annual fee for certain electric motor vehicles and electric hybrid motor vehicles.

Was read the second time.

The question being “Shall HB 1241 pass as amended?”

And the roll being called:

Yeas 35, Nays 30, Excused 5, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Carson; Chase; Clark; Conzet; Diedrich; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Johns; Karr; Kettwig; Lake; Lust; Mills; Otten (Herman); Rasmussen; Reed; Rounds; Schaefer; Steinhauer; Stevens; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Bartling; Beal; Bordeaux; Brunner; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Howard; Jamison; Jensen (Kevin); Johnson; Kaiser; Latterell; Livermont; Marty; May; McCleerey; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rhoden; Ring; Schoenfish; Smith; Tulson; Wiese

Excused:
Campbell; Lesmeister; McPherson; Rozum; Soli

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

HB 1114: FOR AN ACT ENTITLED, An Act to establish certain requirements for students enrolling in resident school districts or assigned schools after participating in open enrollment.

Was read the second time.

The question being “Shall HB 1114 pass?”

And the roll being called:

Yeas 50, Nays 14, Excused 6, Absent 0

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

Nays:
Brunner; Dennert; DiSanto; Frye-Mueller; Goodwin; Howard; Kaiser; Latterell; Livermont; Marty; May; Peterson (Sue); Pischke; Schaefer

Excused:
Campbell; Gosch; Lesmeister; McPherson; Rozum; Soli

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

HB 1255: FOR AN ACT ENTITLED, An Act to revise the authority of the interim Rules Review Committee to revert a rule to any step in the rules adoption process.

Was read the second time.

1255da

Rep. Johns moved that HB 1255 be amended as follows:

On page 2, line 13, of the printed bill, after "Legislature" insert "in which case the committee can require as a condition of the reversion that the proposed rule be considered and approved by the joint appropriations committee".

Which motion prevailed.

The question being “Shall HB 1255 pass as amended?”

And the roll being called:

Yeas 60, Nays 4, Excused 6, Absent 0

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

Nays:
McCleerey; Rasmussen; Ring; Rounds

Excused:
Campbell; Gosch; Lesmeister; McPherson; Schoenfish; Soli

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

HB 1271: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the carrying of certain guns on certain premises.

Was read the second time.

The question being “Shall HB 1271 pass?”

And the roll being called:

Yeas 57, Nays 7, Excused 6, Absent 0

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

Nays:
Ahlers; Bordeaux; Johnson; McCleerey; Ring; Smith; Wismer

Excused:
Campbell; Gosch; Lesmeister; McPherson; Schoenfish; Soli

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

HB 1109: FOR AN ACT ENTITLED, An Act to provide for parole eligibility and early final discharge for certain inmates.

Was read the second time.

The question being “Shall HB 1109 pass as amended?”

And the roll being called:

Yeas 48, Nays 17, Excused 5, Absent 0

Yeas:
Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; Duvall; Glanzer; Haugaard; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kettwig; Lake; Livermont; Lust; May; McCleerey; Otten (Herman); Peterson (Kent); Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; Speaker Mickelson

Nays:
Ahlers; Barthel; DiSanto; Frye-Mueller; Goodwin; Greenfield (Lana); Howard; Kaiser; Karr; Latterell; Marty; Mills; Peterson (Sue); Pischke; Qualm; York; Zikmund

Excused:
Campbell; Gosch; Lesmeister; McPherson; Soli

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

HB 1111: FOR AN ACT ENTITLED, An Act to revise certain definitions regarding criminal street gang activity.

Was read the second time.

1111xa

Rep. Holmes moved that HB 1111 be amended as follows:

On page 2, line 2, of the House Judiciary Committee engrossed bill, delete "Grant" and insert "Grand".

Which motion prevailed.

The question being “Shall HB 1111 pass as amended?”

And the roll being called:

Yeas 42, Nays 22, Excused 6, Absent 0

Yeas:
Anderson; Bartels; Barthel; Bartling; Carson; Chase; Clark; Conzet; Diedrich; DiSanto; Duvall; Glanzer; Hawley; Heinemann; Holmes; Jamison; Jensen (Kevin); Johns; Johnson; Karr; Kettwig; Lake; Lust; McCleerey; Mills; Peterson (Kent); Qualm; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Tulson; Turbiville; Willadsen; Wismer; York; Zikmund; Speaker Mickelson

Nays:
Ahlers; Bordeaux; Brunner; Dennert; Frye-Mueller; Goodwin; Greenfield (Lana); Haugaard; Howard; Hunhoff; Kaiser; Latterell; Livermont; Marty; May; Otten (Herman); Peterson (Sue); Pischke; Rasmussen; Rounds; Stevens; Wiese

Excused:
Beal; Campbell; Gosch; Lesmeister; McPherson; Soli

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

HB 1106: FOR AN ACT ENTITLED, An Act to authorize hunting preference points to be granted to persons age ten years or older.

Was read the second time.

The question being “Shall HB 1106 pass?”

And the roll being called:

Yeas 54, Nays 10, Excused 6, Absent 0

Yeas:
Ahlers; Bartels; Barthel; Bartling; Bordeaux; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lust; Marty; McCleerey; Mills; Otten (Herman); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Nays:
Anderson; Brunner; Frye-Mueller; Howard; Hunhoff; Livermont; May; Peterson (Kent); Peterson (Sue); Wismer

Excused:
Beal; Campbell; Gosch; Lesmeister; McPherson; Soli

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

HB 1270: FOR AN ACT ENTITLED, An Act to adjust the period of time requiring the use of lighted front and rear lamps on motor vehicles.

Was read the second time.

The question being “Shall HB 1270 pass?”

And the roll being called:

Yeas 44, Nays 19, Excused 7, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bordeaux; Carson; Conzet; Dennert; Diedrich; Glanzer; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Johns; Johnson; Kaiser; Kettwig; Lake; Livermont; Lust; Marty; May; McCleerey; Peterson (Kent); Rasmussen; Reed; Rhoden; Ring; Rozum; Schaefer; Schoenfish; Smith; Steinhauer; Stevens; Tulson; Wiese; York; Zikmund; Speaker Mickelson

Nays:
Bartling; Brunner; Chase; Clark; DiSanto; Duvall; Frye-Mueller; Goodwin; Jensen (Kevin); Karr; Latterell; Mills; Otten (Herman); Peterson (Sue); Pischke; Qualm; Rounds; Turbiville; Willadsen

Excused:
Beal; Campbell; Gosch; Lesmeister; McPherson; Soli; Wismer

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

Rep. Qualm moved that the balance of the calendar including SB 31, 47, 74, 25, 50, 51, 53, 54, 156, 58, and 110 be deferred to Thursday, February 15, 2018, the 24^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1287, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1287wa

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

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

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

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

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

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

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

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

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

(7) The multiple employer trust:

(a) Meets the capital and surplus requirements of § 58-6-23. The director may approve a request by a multiple employer trust for a reduced capital and surplus level if the trust demonstrates any reduction would not compromise the trust's ability to pay claims on an ongoing basis;

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

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

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

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

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

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

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

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

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

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

58-18-91. A multiple employer trust authorized ~~by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ pursuant to this chapter may have its authorization suspended or revoked by the director for violating any ~~provision of §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59~~ applicable provision of this title or because its capital is impaired~~, and in either instance the~~. The

director may take action in lieu of suspension or revocation as though the trust were an insurer as provided by § 58-4-28.1.

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

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

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

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

And returns the same without recommendation.

Respectfully submitted,
Tim Rounds, Chair

There being no objection, the House proceeded to Order of Business No. 8 - Motions
& Resolutions.

MOTIONS AND RESOLUTIONS

Rep. May moved that the rules be suspended for the sole purpose of introducing and reading and placing on today's calendar House Commemoration 1015.

The question being on Rep. May's motion that the rules be suspended for the sole purpose of introducing and reading and placing on today's calendar House Commemoration 1015.

And the roll being called:

Yeas 63, Nays 0, Excused 7, Absent 0

Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Bordeaux; Brunner; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; 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; Tulson; Turbiville; Wiese; Willadsen; York; Zikmund; Speaker Mickelson

Excused:
Beal; Campbell; Gosch; Lesmeister; McPherson; Soli; Wismer

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the Speaker declared the motion carried, the rules were suspended, and HC 1015 was so placed.

COMMEMORATIONS

HC 1015 Introduced by: Representatives May, Ahlers, Anderson, Bartels, Barthel, Bartling, Beal, Bordeaux, Brunner, Carson, Chase, Clark, Conzet, Dennert, Diedrich, DiSanto, Duvall, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haugaard, Hawley, Heinemann, Holmes, Howard, Hunhoff, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Livermont, Lust, Marty, McCleerey, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rounds, Rozum, Schaefer, Schoenfish, Smith, Steinhauer, Tulson, Turbiville, Wiese, Willadsen, Wismer, York, and Zikmund and Senators Nelson, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Honoring Brian Garrett for his outstanding commitment and dedicated service to the Oglala Lakota people.

WHEREAS, Brian Garrett has served the Oglala Lakota people as a Law Enforcement Officer for the Oglala Lakota Department of Public Safety for ten years; and

WHEREAS, Brian's dedicated service to the people of the Oglala Sioux Tribe helped earn him the respect of the communities he served; and

WHEREAS, Brian had a good sense of humor which he used to get to know the people that he surrounded himself with; and

WHEREAS, Brian passed away on Sunday, February 11, 2018, in Kyle, South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Brian Garrett be recognized for his exceptional dedication and service to the Oglala Lakota people.

ANNOUNCEMENTS

The Speaker declared that HB 1247, 1288, 1298, and 1299 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

Rep. Pischke moved that the House do now adjourn, which motion prevailed and at
5:03 p.m. the House adjourned.

Sandra J. Zinter, Chief Clerk