JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 28, 1997

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by House page Catherine Houglum.

     Roll Call: All members present.

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 tenth day and finds that the following correction should be made:

    On page 161 of the House Journal, line 19, delete "1048" and insert "1027".

     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,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill be amended as follows:
t-1025a

     On page 2 , line 10 of the printed bill , after "not" and insert " been convicted of any violation of this chapter or of any rules promulgated pursuant to this chapter or of any violation that carries a mandatory revocation of hunting, trapping, or fishing privileges as provided in §  41-6- 74 or of any violation in another state similar to the violations listed in §  41-6-74, whether or not the violation carries a mandatory revocation in the other state; " .

     On page 2 , delete line 11 .

     On page 5 , line 3 , delete " state or federal laws and regulations relating to any hunting activities " and insert " rules promulgated pursuant to this chapter or of any violation that carries a mandatory revocation of hunting, trapping, or fishing privileges as provided in §  41-6-74 or of any violation in another state similar to the violations listed in §  41-6-74, whether or not the violation carries a mandatory revocation in the other state " .

    And that as so amended said bill do pass.
Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1038, 1047 and 1067 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
Robert A. Roe, Chair


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 3 and 61 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 Taxation respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

f-1005
     On page 5 of the printed bill , after line 20 , insert:
"
    Section 13. As used in this Act, the term, fair market value, means the price in money that property will bring in a competitive and open market under all conditions requisite to a fair sale between a willing buyer and a willing seller, each acting prudently and with full knowledge of the relevant facts, and assuming the price is not affected by any undue stimulus. "

    And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1003 which was deferred to the 41st legislative day.


Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1066 and returns the same with the recommendation that said bill be amended as follows:
f-1066

     On page 1 , line 5 of the printed bill , delete " or person in charge of a local election " .

     On page 1 , line 6 , remove the overstrikes from " upon request of the superintendent of an election precinct, " .

And that as so amended said bill do pass.

Respectfully submitted,
Kay Jorgensen, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 26, 39, 41, 71, 77, 95, 97, and 102 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary


CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Gabriel moved that the report of the Standing Committee on

     Judiciary on HB 1074 as found on page 148 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1106   Introduced by:  Representatives Cutler, Belatti, Brown (Richard), Roe, and Schaunaman and Senators Paisley, Aker, Everist, and Rounds

    FOR AN ACT ENTITLED, An Act   to exempt certain bonds from property tax levy limitations.

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

     HB 1107   Introduced by:  Representatives Napoli and Lee and Senators Aker and Reedy

    FOR AN ACT ENTITLED, An Act   to establish a fee for mailing or expressing commercial license plates or stickers.

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

     HB 1108   Introduced by:  Representatives Wetz, Cerny, Crisp, Diedrich, Fischer-Clemens, Johnson (Doug), Madden, McNenny, and Napoli and Senators Symens, Drake, Dunn (Jim), Hutmacher, and Johnson (William)

    FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to soil erosion and sediment damage control.

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

     HB 1109   Introduced by:  Representatives DeMersseman, Derby, Duniphan, Hagg, Madden, Napoli, Pederson (Gordon), and Wetz and Senators Shoener, Aker, Dunn (Jim), and Whiting

    FOR AN ACT ENTITLED, An Act   to revise the minerals and materials that may be mined under a mining license, to revise certain cement plant reporting requirements, and to revise the requirements for signatures on certain cement plant leases and conveyances.

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

     HB 1110   Introduced by:  Representatives Kooistra, Brooks, Crisp, and Davis and Senator Daugaard

    FOR AN ACT ENTITLED, An Act   to provide distinctive motor vehicle license plates for emergency medical technicians.

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

     HB 1111   Introduced by:  Representative Gabriel

    FOR AN ACT ENTITLED, An Act   to require counseling before certain surgical procedures are performed.

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

     HB 1112   Introduced by:  Representative Moore and Senator Flowers

    FOR AN ACT ENTITLED, An Act   to repeal certain appeal process provisions regarding the denial, cancellation, suspension, and revocation of a driver license.

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

     HB 1113   Introduced by:  Representatives Jorgensen, Barker, Kredit, and Monroe and Senators Aker, Hunhoff, and Hutmacher

    FOR AN ACT ENTITLED, An Act   increase the fees for certain documents recorded by the register of deeds.

     Was read the first time and referred to the Committee on Local Government.


     HB 1114   Introduced by:  Representatives Jorgensen, Brown (Richard), Cutler, Haley, Madden, Moore, Napoli, Peterson (Bill), Richter, Schaunaman, and Waltman and Senators Shoener, Aker, Brown (Arnold), Flowers, Halverson, Hunhoff, and Vitter

    FOR AN ACT ENTITLED, An Act   to define certain property for property tax purposes.

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

     HB 1115   Introduced by:  Representatives Richter, Brosz, Cerny, Putnam, and Van Gerpen and Senators Hainje, Brown (Arnold), Everist, Lawler, and Rounds

    FOR AN ACT ENTITLED, An Act   to secure South Dakota Retirement System benefits for members whose employers are privatized.

     Was read the first time and referred to the Committee on Retirement Laws.

     HB 1116   Introduced by:  Representatives Duniphan, Chicoine, Crisp, Monroe, Pummel, and Weber and Senators Hutmacher, Aker, Kloucek, and Vitter

    FOR AN ACT ENTITLED, An Act   to repeal the time limit on compilation of municipal ordinances.

     Was read the first time and referred to the Committee on Local Government.

     HB 1117   Introduced by:  Representatives Duniphan, Barker, Brooks, Monroe, and Weber and Senators Flowers, Aker, Hutmacher, Johnson (William), and Kloucek

    FOR AN ACT ENTITLED, An Act   to authorize a county to create a depreciation reserve for capital acquisitions.

     Was read the first time and referred to the Committee on Local Government.

     HB 1118   Introduced by:  Representatives Duniphan, Chicoine, Crisp, Monroe, and Pummel and Senators Hutmacher, Aker, Kloucek, and Vitter

    FOR AN ACT ENTITLED, An Act   to revise the municipal bid limits.

     Was read the first time and referred to the Committee on Local Government.

     HB 1119   Introduced by:  Representatives Matthews, Brown (Richard), Kredit, and Roe and Senators Whiting and Aker


    FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the compensation and employment status of state's attorneys.

     Was read the first time and referred to the Committee on Local Government.

     HB 1120   Introduced by:  Representatives Matthews, Belatti, and Moore and Senators Aker and Olson

    FOR AN ACT ENTITLED, An Act   to increase the minimum age requirement of certain persons aboard personal watercraft.

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

     HB 1121   Introduced by:  Representatives Matthews, Brosz, Kredit, and Moore and Senators Aker, Olson, and Staggers

    FOR AN ACT ENTITLED, An Act   to exempt air ambulance transportation services from sales and use tax.

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

     HB 1122   Introduced by:  Representatives Matthews, Brown (Jarvis), Crisp, Konold, and Pummel and Senators Aker and Staggers

    FOR AN ACT ENTITLED, An Act   to restrict section-line hunting near cemeteries.

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

     HB 1123   Introduced by:  Representatives Koetzle, Fischer-Clemens, Haley, and Lucas and Senators Hutmacher, Dunn (Rebecca), Hunhoff, and Kloucek

    FOR AN ACT ENTITLED, An Act   to increase the minimum wage.

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

     HB 1124   Introduced by:  Representatives Monroe, Duniphan, and Pummel and Senators Hainje, Aker, Hutmacher, Reedy, and Vitter

    FOR AN ACT ENTITLED, An Act   to revise the requirements for publishing and filing an annual financial report.

     Was read the first time and referred to the Committee on Local Government.


     HB 1125   Introduced by:  Representatives Jorgensen, Apa, Barker, Brown (Richard), Duniphan, Fischer-Clemens, Haley, Koetzle, McNenny, Peterson (Bill), and Richter and Senators Dunn (Jim), Aker, Dennert, Hainje, Reedy, Shoener, Thompson, and Valandra

    FOR AN ACT ENTITLED, An Act   to authorize the Gaming Commission to authorize variations of blackjack and poker in Deadwood.

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

     HB 1126   Introduced by:  Representatives Richter, Brooks, Brown (Richard), Davis, and Eccarius and Senators Olson, Everist, Munson (David), and Paisley

    FOR AN ACT ENTITLED, An Act   to revise the definition of average daily membership in the state aid to education formula.

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

     HB 1127   Introduced by:  Representatives Wick, Hunt, Kazmerzak, Peterson (Bill), Roe, Rost, and Smidt and Senators Thompson, Brown (Arnold), Hainje, Munson (David), Staggers, and Vitter

    FOR AN ACT ENTITLED, An Act   to require a legislative interim study of the state's election laws.

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

     HB 1128   Introduced by:  Representatives Fiegen, Brooks, Hunt, and Peterson (Bill) and Senators Everist, Munson (David), and Olson

    FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to truancy, to provide for the imposition of a civil fine, and to permit the court to compel school attendance under certain circumstances.

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

     HB 1129   Introduced by:  Representatives Koskan, Fitzgerald, and Lee and Senators Aker and Dennert

    FOR AN ACT ENTITLED, An Act   to establish certain requirements for driving under a work permit.

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


     HB 1130   Introduced by:  Representatives Koskan, Cerny, Gabriel, Johnson (Doug), and Smidt and Senators Hunhoff, Brown (Arnold), Ham, and Hutmacher

    FOR AN ACT ENTITLED, An Act   to classify certain persons as residents for purposes of higher education tuition.

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

     HB 1131   Introduced by:  Representative Koskan and Senator Benson

    FOR AN ACT ENTITLED, An Act to exempt certain agricultural equipment from motor vehicle registration and licensing requirements.

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

     HB 1132   Introduced by:  Representatives Koskan, Cerny, and Duxbury and Senators Whiting, Benson, and Morford-Burg

    FOR AN ACT ENTITLED, An Act   to establish a coupon bounty program for coyotes.

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

     HB 1133   Introduced by:  Representatives Koskan, Gabriel, and McNenny and Senators Benson, Drake, Flowers, and Thompson

    FOR AN ACT ENTITLED, An Act   to authorize the transfer of certain landowner preference big game licenses.

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

     HB 1134   Introduced by:  Representatives Jorgensen, Apa, Brown (Richard), Cutler, DeMersseman, Fischer-Clemens, Gabriel, Gleason, Jaspers, Koetzle, Madden, Matthews, and Schaunaman and Senators Shoener, Aker, Dunn (Jim), Everist, Flowers, Hunhoff, Hutmacher, Olson, Thompson, and Whiting

    FOR AN ACT ENTITLED, An Act   to authorize the Gaming Commission to fund gambling addiction treatment programs.

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

     HB 1135   Introduced by:  Representatives Jorgensen, Apa, Cutler, and Haley and Senators Thompson and Whiting

    FOR AN ACT ENTITLED, An Act   to revise the definition for single-family occupied dwelling.

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

     HB 1136   Introduced by:  Representatives Cutler, Belatti, Fischer-Clemens, Jorgensen, Roe, and Schaunaman and Senators Drake, Dunn (Rebecca), Munson (David), Olson, and Rounds

    FOR AN ACT ENTITLED, An Act   to mandate that funds appropriated for the higher education funding formula be used for salaries.

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

     HB 1137   Introduced by:  Representatives Cutler, Belatti, Fischer-Clemens, Jorgensen, Madden, Roe, Schaunaman, Sperry, and Waltman and Senators Everist, Dunn (Rebecca), and Munson (David)

    FOR AN ACT ENTITLED, An Act   to allow longevity pay for Board of Regents faculty.

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

     HB 1138   Introduced by:  Representatives Brown (Richard), Cutler, Gabriel, Jorgensen, and Richter and Senators Aker, Dunn (Rebecca), and Halverson

    FOR AN ACT ENTITLED, An Act   to provide for a graduated driver's licensing system.

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

     HB 1139   Introduced by:  Representatives Wick, Brown (Richard), Fischer-Clemens, and Schaunaman and Senators Aker, Drake, Everist, Lawler, and Olson

    FOR AN ACT ENTITLED, An Act   to allow early admission for certain kindergarten students.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     SB 53   :   FOR AN ACT ENTITLED, An Act   to repeal certain provisions relating to the qualifications, compensation, and reimbursement of certain Department of Game, Fish and Parks employees.

     Was read the second time.

     The question being "Shall SB 53 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Lee

     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.

     In accordance with the Commerce Committee Report and there being no objection, the Speaker moved SB 74 from Second Reading of House Bills and Joint Resolutions to Second Reading of Consent Calendar Items.

     SB 74   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for disclosure for certain health insurance coverages and to further limit the application of waiting periods for medicare supplement insurance.

     Was read the second time.

     The question being "Shall SB 74 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
de Hueck; Fiegen

     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.

INTRODUCTION OF HONORED GUESTS

     Rep. Roe   introduced introduced Judith E. Kroll, 1997 South Dakota Teacher of the Year, from Brookings, South Dakota.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HJR 1005   :   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to legislative term limits.

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

     The question being "Shall HJR1005 pass?"

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cutler; de Hueck; DeMersseman; Derby; Duenwald; Duniphan; Fiegen; Fitzgerald; Gabriel; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Smidt; Wetz; Speaker Hagg

     Nays were:
Apa; Barker; Brosz; Cerny; Chicoine; Collier; Crisp; Davis; Diedrich; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Hassard; Kazmerzak; Konold; Lee; Lockner; Lucas; Monroe; Napoli; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst

     Excused were:
Roe

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

     HB 1046   :   FOR AN ACT ENTITLED, An Act   to define unfair discrimination in the business of insurance.

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

r-1046

    Rep. de Hueck moved that HB 1046 be amended as follows:

     On page 1 , line 7 of the House Commerce committee engrossed bill , delete " notwithstanding " .

     On page 1 , line 8 , delete " any other provision of this title, " .

     On page 1 , line 9 , after " insurers " insert " under Title 58 " .

     Which motion prevailed and HB 1046 was so amended.

     The question being "Shall HB 1046 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Koskan

     Excused were:
Brooks

     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 1027   :   FOR AN ACT ENTITLED, An Act   to transfer licensure of adult foster care homes from the Department of Social Services to the Department of Health and to revise the definition of an assisted living center.

     Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
de Hueck

     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 1061   :   FOR AN ACT ENTITLED, An Act   to establish the crime of enticing a child and to provide a penalty therefor.

     Was read the second time.

     The question being "Shall HB 1061 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Barker; Brooks; Eccarius; Haley; Hunt; Kooistra; Koskan; Madden; Monroe; Sperry; Wetz; Wick

     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 1062   :   FOR AN ACT ENTITLED, An Act   to allow more time for a mental illness hearing.

     Was read the second time.

     The question being "Shall HB 1062 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Hassard; McNenny

     Absent and Not Voting were:
Fiegen

     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 1059   :   FOR AN ACT ENTITLED, An Act   to allow the Gaming Commission to delegate its authority to approve the transfer of certain license stamps between licensed gaming operators.

     Was read the second time.

     The question being "Shall HB 1059 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Brooks; Collier; Kooistra; Volesky; Weber

     Absent and Not Voting were:
Fiegen

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

     HJR 1004   :   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

     Was read the second time.

     Rep. Hunt moved that HJR1004 be deferred until Thursday, January 30th, the 13th legislative day.

     Which motion prevailed and HJR 1004 was so deferred.

     HB 1072   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions of the Uniform Commercial Code relating to nonnegotiable instruments.

     Was read the second time.

     The question being "Shall HB 1072 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Pederson (Gordon)

     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 1073   :   FOR AN ACT ENTITLED, An Act   to provide access to presentence reports to all parties before imposition of sentence.

     Was read the second time.

     The question being "Shall HB 1073 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Belatti; Davis; Windhorst

     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. Gabriel moved that the House do now recess until 3:20 p.m., which motion prevailed and at 3:10 p.m., the House recessed.

RECESS


     The House reconvened at 3:20 p.m., Speaker Pro tempore Hunt presiding.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 26   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for the type of facilities that may be provided assistance concerning absentee ballots during a general election.


     Was read the first time and referred to the Committee on Local Government.

     SB 39   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding water user districts and water development districts.

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

     SB 41   :   FOR AN ACT ENTITLED, An Act   to make appropriations from the water and environment fund and to declare an emergency.

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

     SB 71   :   FOR AN ACT ENTITLED, An Act   to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

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

     SB 77   :   FOR AN ACT ENTITLED, An Act   to require the licensure of nonresident pharmacies.

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

     SB 95   :   FOR AN ACT ENTITLED, An Act   to revise the terms of service for members of the Commission on Judicial Qualifications.

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

     SB 97   :   FOR AN ACT ENTITLED, An Act   to prohibit the harassment of certain employees by fraudulent legal proceedings or liens.

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

     SB 102   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding street gang activity.

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



SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 82   :   FOR AN ACT ENTITLED, An Act   to revise the South Dakota Uniform Securities Act to conform with the provisions of the National Securities Markets Improvement Act of 1996.

     Was read the second time.

     Rep. Pederson (Gordon) moved that SB 82 be returned to the Committee on Commerce.

     Which motion prevailed and the bill was returned to the Committee on Commerce.

     SB 4   :   FOR AN ACT ENTITLED, An Act   to correct an omission in 1996 Senate Bill 225.

     Was read the second time.

     The question being "Shall SB 4 pass?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

     Nays were:
Collier; Fiegen; Matthews; Sokolow

     Excused were:
Wick

     Absent and Not Voting were:
Belatti

     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 21   :   FOR AN ACT ENTITLED, An Act   to abolish straight-party voting and to revise certain provisions relating to election ballots.

     Was read the second time.

     The question being "Shall SB 21 pass?"

     And the roll being called:

     Yeas 66, Nays 4, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Crisp; Madden; Munson (Donald); Sokolow

     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 19   :   FOR AN ACT ENTITLED, An Act   to provide for the investment by the state investment council of certain school and public lands funds.

     Was read the second time.

     The question being "Shall SB 19 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Hagen

     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 Hagg now presiding.

     SB 52   :   FOR AN ACT ENTITLED, An Act   to reclassify a certain state park to a state recreation area, to authorize a park license to be required at certain state recreation and lakeside use areas, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Cerny; Crisp; de Hueck; Eccarius; Gleason; Hagen; Kazmerzak; Konold; Koskan; Moore; Napoli; Volesky; Windhorst

     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 65   :   FOR AN ACT ENTITLED, An Act   to revise certain citations to federal statutes and regulations regarding pipeline safety.

     Was read the second time.

     The question being "Shall SB 65 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 0, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Brown (Richard); DeMersseman

     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 45   :   FOR AN ACT ENTITLED, An Act   to remove certain restrictions on public employees and public employee organizations and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Hassard; Koskan; Napoli; Pummel

     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 68   :   FOR AN ACT ENTITLED, An Act   to move the Crime Victims Compensation Program from the Department of Corrections to the Department of Social Services.

     Was read the second time.

     The question being "Shall SB 68 pass?"

     And the roll being called:

     Yeas 62, Nays 8, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; DeMersseman; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Collier; Davis; de Hueck; Diedrich; Lockner; Napoli; Sokolow; Windhorst

     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. Hagen moved that the House do now adjourn, which motion prevailed, and at 4:15 p.m. the House adjourned.
KAREN GERDES, Chief Clerk