House Journal 02/03/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 3, 1997

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Joachim Schwiesow.

     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 fourteenth 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,

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1068 and 1128 and SB 95 and 97 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill , after line 6 , insert:

" Section 3. That § 32-23-11.1 be amended to read as follows:

32-23-11.1. A person's license to drive is not subject to revocation as provided in § 32-23-11 or 32-23-18 if that person pleads guilty to violating § 32-23-1, or if the charge of violating § 32-23-1 is dismissed by the state prior to the departmental hearing and the person is not convicted of a violation of § 32-24-1 or 32-24-8, or, if a hearing is not requested, prior to a revocation order being issued , or, if, in the case of a juvenile sixteen years or older, the juvenile admits to a delinquency petition for violating § 32-23-1, or if the delinquency petition for violating § 32-23-1 is dismissed by the state prior to the departmental hearing and the juvenile is not convicted of a violation of § 32-24-1 or 32-24-8 .

Section 4. That § 32-23-18 be amended to read as follows:

32-23-18. The Department of Commerce and Regulation shall revoke the license of any person arrested for violating § 32-23-1 ~~, or of any juvenile offender, taken into temporary custody,~~ who refuses to submit to a chemical analysis as directed by a law enforcement officer pursuant to § 32-23-10. "

     On page 1 , line 1 , delete " certain appeal process " and insert " and revise certain " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 102 which was deferred to the 41st legislative day.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1177 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1167 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 1 of the printed bill , after " banking " insert " , securities, " .

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 and 1186 which were deferred to the 41st legislative day.

Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1141 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 16 of the printed bill , delete " or express " .

On page 2 , line 1 , after " cents. " insert " If the applicant requests that the plates or decals be express mailed, the applicant shall pay any costs for the express mailing service. " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1160 which was tabled.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1161 which was deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1026, 1030, 1031, 1051, and 1053 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 32, 107, 122, 127, and 145 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006 Introduced by: Representatives Lucas, Apa, Barker, Brosz, Cerny, Chicoine, Collier, Crisp, Davis, DeMersseman, Fischer-Clemens, Gleason, Hagen, Haley, Kazmerzak, Koetzle, Kooistra, Lee, Lockner, Moore, Napoli, Schaunaman, Schrempp, Sperry, Van Gerpen, Volesky, Waltman, and Wick and Senators Lange, Dennert, Drake, Flowers, Hunhoff, Hutmacher, Kloucek, Lawler, Reedy, Thompson, and Valandra

A CONCURRENT RESOLUTION, Requesting the Congress of the United States to pass legislation providing election campaign finance reform.

WHEREAS, the expenditures for election campaigns for Congress have been rising each election year; and

WHEREAS, the State of South Dakota just experienced an election campaign for the position of United States Senator where the candidates spent eight million dollars on campaign expenses and bombarded our citizens with campaign advertisements for a year prior to the election; and

WHEREAS, despite the huge cost of this election in South Dakota, it is a mere drop in the bucket when compared to similar elections in more heavily populated states; and

WHEREAS, the increasing cost of Congressional elections has led to a never-ending solicitation by candidates for contributions from businesses, political action committees, and individuals; and

WHEREAS, these high campaign expenditures and the corresponding need for campaign contributions has given the voters of the State of South Dakota and the nation the perception that campaign contributions buy influence in Congress; and

WHEREAS, these expenditures and contributions tarnish the image of representative government and fuel voter apathy; and

WHEREAS, the Congress must pass meaningful election finance campaign reform to help restore voter confidence in our federal election process:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- Second Legislature of the State of South Dakota, the Senate concurring therein, that the Congress of the United States pass election campaign finance reform which would call for voluntary campaign expenditure limits of not more than one million dollars on each candidate for the United States House of Representatives and of not more than one million five hundred thousand dollars on each candidate for the United States Senate; and

BE IT FURTHER RESOLVED, that the Congress of the United States should also provide in such legislation for voluntary campaign limits on in-kind contributions of not more than four hundred thousand dollars for each candidate for the United States House of Representatives and of not more than six hundred thousand dollars for each candidate for the United States Senate; and

     BE IT FURTHER RESOLVED, that copies of this Resolution be transmitted to the President of the United States Senate, the Speaker of the House of Representatives of the United States, and each Member of the South Dakota Congressional Delegation.

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

HCR 1007 Introduced by: Representatives Peterson (Bill), Fischer-Clemens, and Hunt and Senators Everist and Lange

A CONCURRENT RESOLUTION, Requiring an interim legislative study of nontraditional medicine.

WHEREAS, a growing number of South Dakotans are turning to nontraditional medical therapies for their primary or complimentary health care; and

WHEREAS, there is a growing interest in nontraditional medical therapies by licensed medical practitioners as a compliment to traditional therapy; and

WHEREAS, the education, training, and experience of such nontraditional providers varies greatly; and

WHEREAS, South Dakotans have a right to an informed choice when choosing nontraditional medical therapies; and

WHEREAS, nontraditional medical therapies can be subject to abuse, fraud, and quackery:

     NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- second Legislature of the State of South Dakota, the Senate concurring therein, that the Executive Board of the Legislative Research Council shall conduct an interim study of the licensure of nontraditional medicine to include such methods of alternative medicine as naturopathy, homeopathy, reflexology, acupuncture, and massage, vitamin, and herbal remedies. The study shall examine the licensure of certain practitioners of nontraditional medicine to be governed by a board composed of physicians, nontraditional practitioners, other health care providers, and lay people in order to provide the public a method to identify qualified practitioners of nontraditional medicine and to facilitate the imposition of penalties for the unlicensed practice of nontraditional medical therapies.

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

HCR 1008 Introduced by: Representatives Peterson (Bill), Chicoine, Fischer-Clemens, Madden, Napoli, and Smidt and Senators Everist, Ham, Lange, and Staggers

A CONCURRENT RESOLUTION, Requesting the appointment of an interim legislative committee to study the desirability and the feasibility of county government consolidation.

WHEREAS, during the territorial and early statehood periods of South Dakota's history, the Legislature frequently created, merged, and adjusted the boundaries of counties to facilitate the opening of new lands to settlement and to keep pace with the changing needs of local areas for the services of county government; and

WHEREAS, in the past seventy-five years, with the exception of the mergers of three small reservation counties, Washington, Armstrong, and Washabaugh, the Legislature has ceased to perform this useful function and has ceded this legislative prerogative which constitutes the only

purposeful means of conducting any meaningful evaluation of county boundaries on a statewide basis; and

WHEREAS, with the adoption of Article IX, section 1 of the Constitution, which requires a majority vote of the electors of each affected county for any county boundary change, the Legislature's ability to propound necessary statewide revisions has been substantially diminished; and

WHEREAS, social, cultural, economic, and demographic changes have so altered the face of South Dakota's governmental landscape since the last comprehensive reorganization of South Dakota's counties almost a century ago as to render the logic of that arrangement substantially obsolete; and

WHEREAS, general advances in technology, transportation, communication, and commerce have also revolutionized the relationship between citizens and their need for efficient and accessible county government:

     NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- second Legislature of the State of South Dakota, the Senate concurring therein, that the Executive Board of the Legislative Research Council appoint an interim legislative committee to make a comprehensive study of the desirability and feasibility of reducing the number of counties in South Dakota to no fewer than ten and no more than thirty, to propose one or more county reapportionment plans, and to recommend any necessary constitutional amendments or other legislation to the seventy-third legislative assembly.

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

Rep. Brooks moved that HCR 1004 be referred from the Committee on Education to the Committee on Agriculture & Natural Resources and HCR 1005 be referred from the Committee on Agriculture & Natural Resources to the Committee on Health and Human Services.

Which motion prevailed and the resolutions were so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Apa moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1055 and that HB 1055 be placed on tomorrow's calendar.

The question being on Rep. Apa's motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1055 and that HB 1055 be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 55, Nays 14, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Brooks; Brown (Richard); Cutler; Fiegen; Hagen; Haley; Koetzle; Koskan; Munson (Donald); Pederson (Gordon); Peterson (Bill); Richter; Smidt; Speaker Hagg

Absent and Not Voting were:
Barker

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1055 was placed on tomorrow's calendar.

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

     State Affairs on HB 1057 as found on page 234 of the House Journal; also

     Judiciary on HB 1090 as found on page 235 of the House Journal; also

     Judiciary on HB 1096 as found on page 236 of the House Journal; also

     Judiciary on SB 47 as found on page 236 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1228 Introduced by: Representatives Matthews, Jaspers, Koetzle, Kredit, and Napoli and Senators Aker, Daugaard, and Hainje

     FOR AN ACT ENTITLED, An Act to require that certain recreational vehicles display a vehicle identification number.

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

     HB 1229 Introduced by: Representatives Chicoine, Broderick, Brown (Jarvis), Davis, Lockner, Lucas, Moore, and Waltman and Senators Hunhoff, Hutmacher, Kloucek, and Reedy

     FOR AN ACT ENTITLED, An Act to make certain swine operations subject to certain environmental fees.

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

     HB 1230 Introduced by: Representatives Koetzle and Haley and Senators Paisley and Hutmacher

     FOR AN ACT ENTITLED, An Act to increase the maximum weekly benefit amount for unemployment compensation.

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

     HB 1231 Introduced by: Representatives Gabriel, Cutler, DeMersseman, Hagg, Haley, Koskan, Lucas, Matthews, and McNenny and Senators Aker, Benson, Dunn (Jim), Halverson, and Hunhoff

     FOR AN ACT ENTITLED, An Act to revise the property tax levies for general funds of a school district.

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

     HB 1232 Introduced by: Representatives Eccarius and Hagg and Senator Whiting

     FOR AN ACT ENTITLED, An Act to increase certain sales and use taxes and to provide property tax relief.

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

     HB 1233 Introduced by: Representatives Putnam, Barker, Brooks, Duenwald, Duxbury, Fischer-Clemens, Gabriel, Haley, Hunt, Jorgensen, Koskan, Kredit, Lucas, Monroe, Munson (Donald), Pederson (Gordon), Pummel, Schaunaman, Van Gerpen, and Wetz and Senators Whiting, Brown (Arnold), Drake, Everist, Halverson, Hunhoff, Hutmacher, Johnson (William), Lawler, Munson (David), Olson, and Symens

     FOR AN ACT ENTITLED, An Act to prohibit the expansion of the number of certain licensed hospital beds.

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

     HB 1234 Introduced by: Representatives Richter, Barker, Belatti, Broderick, Brosz, Brown (Richard), Cutler, Davis, DeMersseman, Duniphan, Duxbury, Hagg, Haley, Hunt, Lockner, Matthews, McNenny, Pederson (Gordon), Putnam, and Schaunaman and Senators Thompson, Brown (Arnold), Drake, Dunn (Rebecca), Everist, Flowers, Frederick, Halverson, Johnson (William), Kloucek, Lawler, Morford-Burg, Munson (David), Shoener, Symens, and Valandra

     FOR AN ACT ENTITLED, An Act to provide certain compensation to legislators for constituent services.

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

     HB 1235 Introduced by: Representative Munson (Donald)

     FOR AN ACT ENTITLED, An Act to revise the basis upon which motor vehicle license fees are determined and to increase the fees.

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

     HB 1236 Introduced by: Representatives Lucas, Apa, Barker, Brown (Jarvis), Cerny, Chicoine, Collier, Crisp, Davis, Duxbury, Fischer-Clemens, Gleason, Hagen, Haley, Kazmerzak, Koetzle, Lockner, Moore, Napoli, Schaunaman, Schrempp, Sperry, and Van Gerpen and Senators Lange, Dennert, Flowers, Hutmacher, Lawler, Morford-Burg, Olson, Reedy, Symens, and Valandra

     FOR AN ACT ENTITLED, An Act to place a time limitation on the solicitation of certain campaign funds.

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

     HB 1237 Introduced by: Representatives Lucas, Apa, Broderick, Brown (Jarvis), Chicoine, Collier, Crisp, Duxbury, Haley, Koetzle, Kooistra, Lee, Lockner, Moore, Schaunaman, and Van Gerpen and Senators Lange, Dennert, Drake, Flowers, Hunhoff, Hutmacher, Kloucek, Lawler, Olson, Reedy, Thompson, and Valandra

     FOR AN ACT ENTITLED, An Act to establish certain limits on campaign expenditures.

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

HB 1238 Introduced by: Representatives DeMersseman, Apa, Diedrich, Duniphan, Napoli, and Pederson (Gordon) and Senators Shoener and Whiting

FOR AN ACT ENTITLED, An Act to allow a video lottery machine operator to be owned by certain publicly traded companies.

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

     HB 1239 Introduced by: Representatives Kazmerzak, Diedrich, Lee, Lucas, Schrempp, Van Gerpen, Waltman, and Weber and Senators Lange and Hutmacher

     FOR AN ACT ENTITLED, An Act to eliminate the fee for the release of certain security interests and authorize a larger filing fee.

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

     HB 1240 Introduced by: Representatives Roe and Smidt and Senator Brown (Arnold)

     FOR AN ACT ENTITLED, An Act to require students of state-supported postsecondary institutions to have health insurance coverage.

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

     HB 1241 Introduced by: Representatives Rost, Collier, de Hueck, DeMersseman, and Wick and Senator Daugaard

     FOR AN ACT ENTITLED, An Act to clarify the notice requirement in certain estate matters.

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

     HB 1242 Introduced by: Representatives Hagg, Broderick, Chicoine, DeMersseman, Diedrich, Duniphan, Gleason, Haley, Madden, Matthews, Napoli, Rost, and Windhorst and Senators Whiting, Brown (Arnold), Daugaard, Dunn (Jim), Everist, Hainje, Morford-Burg, Munson (David), Paisley, Staggers, Valandra, and Vitter

     FOR AN ACT ENTITLED, An Act to allow reciprocal interstate shipments of wine.

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

     HB 1243 Introduced by: Representatives Gabriel, Cutler, Haley, and Lucas and Senators Benson, Dunn (Jim), Everist, Halverson, Hunhoff, and Rounds

     FOR AN ACT ENTITLED, An Act to establish a telecommunications gross receipts tax, provide certain credits, revise certain tax rates on gross receipts, and revise certain exemptions to taxes levied on property.

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

     HB 1244 Introduced by: Representatives Pederson (Gordon), Apa, Brooks, Cerny, Chicoine, Cutler, DeMersseman, Eccarius, Fitzgerald, Gabriel, Hagg, Hassard, Jorgensen, Koetzle, Koskan, Madden, McNenny, Napoli, Pummel, Schaunaman, and Wetz and Senators Vitter, Johnson (William), Shoener, Staggers, and Whiting

     FOR AN ACT ENTITLED, An Act to create a severance tax on timber and exempt the transportation of timber from sales and use tax.

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

     HB 1245 Introduced by: Representatives Richter, Hunt, and Schaunaman and Senators Everist, Daugaard, and Flowers

     FOR AN ACT ENTITLED, An Act to define self-service storage facilities, to provide a lien on all personal property stored at such facilities, and to provide a procedure for the enforcement of such lien.

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

     HB 1246 Introduced by: Representatives Putnam, Kredit, and Van Gerpen and Senator Frederick

     FOR AN ACT ENTITLED, An Act to elect trustees to control and manage drainage districts.

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

     HB 1247 Introduced by: Representatives Fischer-Clemens, Barker, Brooks, Collier, Davis, DeMersseman, Haley, Jorgensen, Koetzle, Lucas, and Wick and Senators Everist, Dunn (Rebecca), Hainje, Ham, Lange, Lawler, Morford-Burg, and Paisley

     FOR AN ACT ENTITLED, An Act to extend medicaid benefits to all children whose family income is up to one hundred thirty-three percent of the federal poverty level.

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

HB 1248 Introduced by: Representatives Fischer-Clemens, Apa, Barker, Belatti, Broderick, Chicoine, Collier, Crisp, Davis, Haley, Kazmerzak, Koetzle, Lee, Lockner, Peterson (Bill), Schaunaman, Schrempp, Sperry, and Waltman and Senators Olson, Albers, Brown (Arnold), Dennert, Dunn (Rebecca), Everist, Flowers, Ham, Hunhoff, Hutmacher, Kloucek, Lange, Lawler, Morford-Burg, Reedy, Shoener, Symens, and Valandra

FOR AN ACT ENTITLED, An Act to provide for guaranteed access to health insurance.

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

     HB 1249 Introduced by: Representatives Putnam, Kredit, and Van Gerpen and Senator Frederick

     FOR AN ACT ENTITLED, An Act to revise certain requirements for a drainage commission.

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

     HB 1250 Introduced by: Representatives Koskan and Gabriel and Senators Benson and Kloucek

     FOR AN ACT ENTITLED, An Act to prohibit certain uses of state-owned railroad lines without legislative approval.

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

     HB 1251 Introduced by: Representative Koskan and Senator Aker

     FOR AN ACT ENTITLED, An Act to increase certain sales and use taxes during a certain part of the year to provide additional property tax relief.

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

     HB 1252 Introduced by: Representative Kredit and Senator Aker

     FOR AN ACT ENTITLED, An Act to require school districts to provide certain transportation services.

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

     HB 1253 Introduced by: Representatives Haley, Cutler, Duxbury, Gabriel, Koetzle, Lucas, and Roe and Senators Olson, Everist, Flowers, Hunhoff, and Paisley

     FOR AN ACT ENTITLED, An Act to establish a visitation enforcement program within the Unified Judicial System, to create a Task Force to provide for its implementation, and to make an appropriation of federal fund authority therefor.

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

HB 1254 Introduced by: Representative Moore

FOR AN ACT ENTITLED, An Act to increase the penalty for purchase, possession, or consumption of tobacco by a minor.

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

     HB 1255 Introduced by: Representatives Hunt and Monroe and Senators Lange and Staggers

     FOR AN ACT ENTITLED, An Act to permit access to alternative medical treatments.

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

     HB 1256 Introduced by: Representatives Rost, Broderick, Lucas, Schaunaman, and Wetz and Senators Olson and Paisley

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the regulation of telecommunications companies.

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

     HB 1257 Introduced by: Representatives Brown (Jarvis) and Munson (Donald) and Senator Johnson (William)

     FOR AN ACT ENTITLED, An Act to establish certain requirements powers related to county zoning districts.

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

     HB 1258 Introduced by: Representatives Derby and Brown (Richard) and Senator Daugaard

     FOR AN ACT ENTITLED, An Act to allow certain real property to be specifically classified for the purpose of taxation.

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

HB 1259 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

FOR AN ACT ENTITLED, An Act to provide certain provisions regarding inmate assault against Department of Corrections employees.

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

     HB 1260 Introduced by: The Committee on Judiciary at the request of the Governor

     FOR AN ACT ENTITLED, An Act to revise the standards of review for findings of fact.

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

     HB 1261 Introduced by: Representatives Broderick, Brown (Jarvis), Chicoine, Crisp, Lee, Lockner, and Roe and Senators Hunhoff, Brown (Arnold), and Kloucek

     FOR AN ACT ENTITLED, An Act to provide for the promulgation of rules governing inspections of certain swine facilities.

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

     HB 1262 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs.

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

     HB 1263 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation for a donation for the Women In Military Service For America Memorial.

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

     HB 1264 Introduced by: Representatives Matthews, Kredit, and Schaunaman and Senator Albers

     FOR AN ACT ENTITLED, An Act to expand the vehicles that an auction agency may sell.

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

HB 1265 Introduced by: Representatives Monroe, de Hueck, and Windhorst and Senator Rounds

FOR AN ACT ENTITLED, An Act to direct the Bureau of Personnel to analyze the financial feasibility of, and if found to be feasible, design a medical savings account program as an additional health coverage option for enrollees of the public employee group health insurance plan.

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

     HB 1266 Introduced by: Representatives Windhorst, Fiegen, Jaspers, and Napoli and Senators Vitter, Lange, and Staggers

     FOR AN ACT ENTITLED, An Act to specify the amount of time that an ambulatory surgery center may retain a patient.

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

     HB 1267 Introduced by: Representative Van Gerpen and Senators Albers and Munson (David)

     FOR AN ACT ENTITLED, An Act to require the convicted offenders pay restitution to victims.

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

     HB 1268 Introduced by: Representatives Van Gerpen, Kredit, and Putnam and Senator Frederick

     FOR AN ACT ENTITLED, An Act to revise the provisions for drainage disputes.

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

     HB 1269 Introduced by: Representatives DeMersseman, Apa, Brown (Richard), Crisp, Duniphan, Eccarius, Hagen, and Wick and Senator Aker

     FOR AN ACT ENTITLED, An Act to revise certain provisions of uniform commercial code.

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

HB 1270 Introduced by: Representatives Wick, Apa, Barker, and Van Gerpen and Senators Albers and Shoener

FOR AN ACT ENTITLED, An Act to provide for a graduated driver's licensing system, to increase the fee for certain driver licenses and permits, and to provide for the use of such fee increases.

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

     HB 1271 Introduced by: Representatives Weber and Schrempp and Senator Lange

     FOR AN ACT ENTITLED, An Act to create a classification for family-farms and owner- operated commercial businesses, to revise and establish maximum property tax levies for certain property, to provide certain limited exemptions for owner-occupied dwellings and owner- operated commercial businesses, and to revise the rule-making authority of the Department of Revenue.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1078 : FOR AN ACT ENTITLED, An Act to allow a school board to request a levy in dollars per thousand dollars of taxable valuation to meet its budget.

Was read the second time.

     The question being "Shall HB 1078 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, 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; 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; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Putnam

Absent and Not Voting were:
Haley

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 requested that SB 93 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Speaker Pro tempore Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1065 : FOR AN ACT ENTITLED, An Act to increase the minimum wage and to declare an emergency.

Was read the second time.

Rep. Davis moved that HB 1065 be amended as follows:

On page 1 of the House State Affairs committee engrossed bill , delete lines 14 and 15 .

On page 2 , delete lines 1 to 10 , inclusive .

     A roll call vote was requested and supported.

     The question being on Rep. Davis' motion that HB 1065 be amended.

     And the roll being called:

     Yeas 24, Nays 46, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Brown (Richard); Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Koetzle; Kooistra; Lee; Lockner; Lucas; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

Nays were:
Apa; Broderick; Brooks; Brosz; Brown (Jarvis); Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

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

Rep. Waltman moved that HB 1065 be amended as follows:

On page 2 , line 3 of the House State Affairs committee engrossed bill , delete " thirteen " and insert " sixty-three " .

On page 2 , between lines 10 and 11 , insert:

" Section 3A. That § 60-11-3.1 be amended to read as follows:

60-11-3.1. Tips or other considerations received by a tipped employee may be credited by the employer toward the minimum wage provided in § 60-11-3 up to a maximum of fifty percent of the required minimum wage. Any employer of a tipped employee shall pay a cash wage of not less than three dollars and three cents an hour if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference as additional wages for each regular pay period of the employer.

A "tipped employee" is one engaged in an occupation in which he the employee customarily and regularly receives more than thirty-five dollars a month in tips or other considerations.

This section does not apply to babysitters or outside salesmen. "

On page 2 , line 11 , delete " section 2 " and insert " sections 2 and 3 " .

     A roll call vote was requested and supported.

     The question being on Rep. Waltman's motion that HB 1065 be amended.


     And the roll being called:

     Yeas 23, Nays 47, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; Duniphan; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Koetzle; Lee; Lockner; Lucas; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

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

Rep. Duniphan moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1065 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 6, 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; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Madden; 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:
Gabriel; Kooistra; Koskan; Matthews; McNenny; 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.

HB 1121 : FOR AN ACT ENTITLED, An Act to exempt air ambulance transportation services from sales and use tax.

Was read the second time.

Rep. Matthews moved that HB 1121 be deferred until Wednesday, February 5th, the 17th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1103 : FOR AN ACT ENTITLED, An Act to permit the Animal Industry Board to keep reports of contagious disease confidential.

Was read the second time.

     The question being "Shall HB 1103 pass?"

     And the roll being called:

     Yeas 60, Nays 9, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; McNenny; Monroe; 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:
Brown (Richard); Collier; de Hueck; Fiegen; Kazmerzak; Koetzle; Lucas; Matthews; Moore

Absent and Not Voting were:
Konold

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 1035 : FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the regulation of vehicle dealers, snowmobile dealers, and boat dealers.

Was read the second time.

Rep. Koskan moved that HB 1035 be amended as follows:

On page 7 , line 3 of the House Transportation committee engrossed bill , after " 7A. " insert " Proceeds from such sales shall be deposited in the general fund. "

Which motion prevailed and HB 1035 was so amended.

     The question being "Shall HB 1035 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, 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; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Fiegen; Haley; Kazmerzak; Lucas; Moore; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

Excused were:
Koetzle

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

The question being on the title.

Rep. Koskan moved that the title to HB 1035 be amended as follows:

On page 1 , line 2 of the House Transportation committee engrossed bill , after " vehicle dealers " delete " , " and insert " and " .

On page 1 , line 2 , delete " , and boat dealers " .

Which motion prevailed and the title was so amended.

HB 1106 : FOR AN ACT ENTITLED, An Act to exempt certain bonds from property tax levy limitations.

Was read the second time.

The question being "Shall HB 1106 pass as amended?"

And the roll being called:

Yeas 66, Nays 2, Excused 1, 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; 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; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Sokolow; Volesky

Excused were:
Koetzle

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 1022 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the one-call notification system.

Was read the second time.

Rep. Schaunaman moved that HB 1022 be amended as follows:

On page 3 , line 14 of the House Commerce committee engrossed bill , delete " transmit a " and insert " confirm the " .

On page 5 , line 2 , before " violates " insert " knowingly " .

On page 8 , after line 11 , insert:

" Section 15. That § 49-7A-3 be amended to read as follows:
49-7A-3. The one-call notification center shall be governed by an eleven member board who shall serve without pay. The board shall consist of one member representing telecommunication companies offering local exchange service to less than fifty thousand subscribers; one member representing telecommunication companies offering local exchange service to fifty thousand or more subscribers; one member representing rural water systems; one member representing rural electric cooperatives; one member representing investor-owned electric utilities; one member representing investor-owned natural gas utilities; one member representing community antenna

television systems; one member representing municipalities; one member representing underground interstate carriers of gas or petroleum; ~~one member representing interstate carriers of telecommunication services;~~ and ~~one member~~ two members representing contractors who perform excavation services. The board shall be appointed by the Governor and shall serve staggered three-year terms. "

Which motion prevailed and HB 1022 was so amended.

     The question being "Shall HB 1022 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, 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; 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

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

HB 1124 : FOR AN ACT ENTITLED, An Act to revise the requirements for publishing and filing an annual financial report.

Was read the second time.

The question being "Shall HB 1124 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; 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; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Munson (Donald); Waltman

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 1102 : FOR AN ACT ENTITLED, An Act to authorize additional off-sale retail liquor licenses in certain municipalities of the first class.

Was read the second time.

Rep. Hagg moved that HB 1102 be amended as follows:

On page 1 , line 9 of the printed bill , before " gross " insert " annual " .

On page 1 , line 13 , before " gross " insert " annual " .

Which motion prevailed and HB 1102 was so amended.

     The question being "Shall HB 1102 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 10, Excused 0, Absent and Not Voting 0

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

Nays were:
Belatti; Crisp; Fiegen; Kazmerzak; Kooistra; Koskan; Kredit; Smidt; Van Gerpen; Weber

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 1125 : FOR AN ACT ENTITLED, An Act to authorize the Gaming Commission to authorize variations of blackjack and poker in Deadwood.

Was read the second time.

     The question being "Shall HB 1125 pass?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Lucas; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Smidt; Wetz; Windhorst; Speaker Hagg

Nays were:
Belatti; Brooks; Chicoine; Collier; Davis; Duenwald; Duxbury; Fiegen; Fitzgerald; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Monroe; Moore; Roe; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; 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 1099 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liens.

Was read the second time.

The question being "Shall HB 1099 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; Lee; Lockner; Lucas; Madden; Matthews; McNenny; 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:
Monroe

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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 32 : FOR AN ACT ENTITLED, An Act to grant credited service to certain members of the South Dakota Retirement System.

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

SB 107 : FOR AN ACT ENTITLED, An Act to clarify governmental ownership of insurance companies upon certain findings by the director of the Division of Insurance.

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

SB 122 : FOR AN ACT ENTITLED, An Act to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

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

SB 127 : FOR AN ACT ENTITLED, An Act to revise the eligibility for workers compensation to any person providing voluntary services to a fire department, ambulance service, or rescue squad and to declare an emergency.

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

SB 145 : FOR AN ACT ENTITLED, An Act to authorize title insurance companies to execute certain certificates of release of mortgages.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 38 : FOR AN ACT ENTITLED, An Act to repeal certain rule-making authority of the Department of Environment and Natural Resources and to revise certain rule-making authority of water development districts.

Was read the second time.

     The question being "Shall SB 38 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 0, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; 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; Lucas; Madden; Matthews; McNenny; Monroe; 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

Nays were:
Collier; Moore

Absent and Not Voting were:
Lockner; 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.

SB 80 : FOR AN ACT ENTITLED, An Act to update and revise the Uniform Securities Act.

Was read the second time.

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

     And the roll being called:

     Yeas 57, Nays 11, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; 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:
de Hueck; Diedrich; Eccarius; Fiegen; Hassard; Koskan; Madden; Monroe; Napoli; Sokolow; Windhorst

Excused were:
Jaspers

Absent and Not Voting were:
Gabriel

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 55 : FOR AN ACT ENTITLED, An Act to revise certain provisions related to birth records.

Was read the second time.

Rep. Eccarius moved that SB 55 be deferred until Tuesday, February 4th, the 16th legislative day.

Which motion prevailed and the bill was so deferred.

SB 78 : FOR AN ACT ENTITLED, An Act to revise license requirements for the sale of nonprescription drugs and repeal licensure requirements for the sale of household remedies.

Was read the second time.

The question being "Shall SB 78 pass?"

     And the roll being called:

     Yeas 64, Nays 6, 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; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Kazmerzak; Koskan; Moore; Peterson (Bill); Schrempp; Waltman

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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared HB 1009, 1018, 1021, 1026, 1028, 1029, 1030, 1031, 1043, 1051, 1052, and 1053 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1009: FOR AN ACT ENTITLED, An Act to allow the state auditor to temporarily draw on money between state funds in anticipation of revenue.

     HB 1018: FOR AN ACT ENTITLED, An Act to repeal the sunset clause concerning compliance with the provisions of the Voting Rights Act Amendments of 1975.

     HB 1021: FOR AN ACT ENTITLED, An Act to establish an effective date for voter registration.

     HB 1026: FOR AN ACT ENTITLED, An Act to revise provisions regarding the marking of certain shelters and the removal of certain shelters from the ice of public waters.

     HB 1028: FOR AN ACT ENTITLED, An Act to revise certain requirements pertaining to controlled substances.

     HB 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements pertaining to the placement of physician assistants.

     HB 1030: FOR AN ACT ENTITLED, An Act to revise the functions of the Aeronautics Commission.

     HB 1031: FOR AN ACT ENTITLED, An Act to allow off-premise changeable electronic message signs in areas adjacent to the interstate and primary highway systems.

     HB 1043: FOR AN ACT ENTITLED, An Act to revise the definition of a beginning farmer in regard to the Value Added Finance Authority.

     HB 1051: FOR AN ACT ENTITLED, An Act to transfer the regulation of mortgage brokers from the Real Estate Commission to the Division of Banking.

    HB 1052 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the recording of the transportation and shipment of gaming devices.

    HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the regulation of certain motor carriers transporting hazardous materials.

     SB 11: FOR AN ACT ENTITLED, An Act to require the filing of copies of documents regarding certain administrative procedures with the Legislative Research Council.

     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.

     SB 46: FOR AN ACT ENTITLED, An Act to expand the definition of sex crime for sex offender registration purposes.

     SB 66: FOR AN ACT ENTITLED, An Act to consolidate the duties of the Governor's Advisory Committee on Employment of Individuals with Disabilities under the Board of Vocational Rehabilitation.

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.

And signed the same in the presence of the House.

Rep. Brooks moved that the House do now adjourn, which motion prevailed, and at 4:25 p.m. the House adjourned.

KAREN GERDES, Chief Clerk