House Journal 02/06/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 6, 1997

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

     The prayer was offered by the Chaplain, Pastor Paul Kondy, followed by the Pledge of Allegiance led by House page Karl Sevig.

     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 seventeenth 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,

REX HAGG, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1027 and 1039 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 32, 34, and 35 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 31, 33, and 36 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dan Matthews, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1159 and 1150 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:

t-1108a

On page 2 , line 14 of the printed bill , delete " or federal " .

On page 2 , delete lines 16 to 24 , inclusive .

On page 3 , delete lines 1 to 6 , inclusive .

On page 3 , delete lines 11 to 15 , inclusive .

On page 4 , line 11 , delete " or on its own volition, " .

On page 4 , line 21 , delete everything after " year. " .

On page 4 , delete lines 22 and 23 .

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

Respectfully submitted,
Cheryl Madden, Vice Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1234 and SB 50 and returns the same with the recommendation that said bills do pass.

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill do not pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1197, 1200, and 1211 which were deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1182 and 1207 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 Commerce respectfully reports that it has had under consideration HB 1269 and returns the same with the recommendation that said bill be amended as follows:

j-1269

On page 1 , line 8 of the printed bill , remove the overstrikes from " ~~and thereafter for a period of sixty days~~ " .

On page 1 , line 10 , remove the overstrikes from " ~~and thereafter for a period~~ " .

On page 1 , line 11 , remove the overstrikes from " ~~of sixty days~~ " .

On page 1 , line 12 , remove the overstrikes from " ~~and sixty-day~~ " .

On page 1 , line 15 , remove the overstrikes from " ~~and thereafter for a period~~ " .

On page 1 , line 16 , remove the overstrikes from " ~~of sixty days~~ " .

On page 1 , line 16 , remove the overstrikes from " ~~and sixty-day~~ " .

On page 2 , line 4 , after " lapse. " insert " This subsection applies to financing statements which were filed before July 1, 1997. "

On page 2 , between lines 4 and 5 , insert " (2A) Commencing July 1, 1997, and except as provided in subsection (6), a filed financing statement is effective for a period of five years from the date of filing. A filed financing statement which states that the obligation secured is payable on demand is effective for five years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the five-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of sixty days or until the expiration of the five-year period, whichever occurs later. Upon such lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse. "

On page 4 , line 23 , delete " Continuation statement expiration dates filed prior to July, 1997, shall remain in " and insert " The expiration date established by a financing statement filed prior to July 1, 1997, whether or not continued by a continuation statement shall remain in full force and effect and is not diminished by this Act. "

On page 4 , delete line 24 .

j-1269t

On page 1 , line 1 , after " of " insert " the " .

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1008 and 1242 which were deferred to the 41st legislative day.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1126 and returns the same with the recommendation that said bill be amended as follows:

c-1126

On page 1 , line 12 of the printed bill , after " System, " insert " the Department of Corrections, " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1139 which was tabled.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1175 which was deferred to the 41st legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HCR 1008 and returns the same with the recommendation that said resolution be amended as follows:

f-c1008

On page 259 , line 22 of the House Journal , delete " to no fewer than ten and no more than thirty " .

And that as so amended said resolution be adopted.

Respectfully submitted,
Kay Jorgensen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1019 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 10, 15, 16, 44, 48, 51, 112, 113, 116, 124, 133, 138, 143, 150, 162, 198, and 204 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 7th, the 19th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Health and Human Services on SB 56 as found on page 314 of the House Journal; also

     Judiciary on HB 1087 as found on page 315 of the House Journal; also

     State Affairs on HB 1098 as found on page 316 of the House Journal; also

     State Affairs on HB 1133 as found on page 316 of the House Journal; also

     Transportation on HB 1092 as found on page 317 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1148 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to public deposits.

Was read the second time.

     The question being "Shall HB 1148 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; 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; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Absent and Not Voting were:
Sperry

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 1185 : FOR AN ACT ENTITLED, An Act to allow banks to purchase fractional shares of common stock for the purpose of canceling the fractional shares.

Was read the second time.

     The question being "Shall HB 1185 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; 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; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Absent and Not Voting were:
Sperry

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

Speaker Pro tempore Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1165 : FOR AN ACT ENTITLED, An Act to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

Was read the second time.

Rep. Richter moved that HB 1165 be placed to follow HB 1163 on today's calendar.

Which motion prevailed and HB 1165 was so placed.

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

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

     The question being "Shall HB 1121 pass?"

     And the roll being called:

     Yeas 33, Nays 37, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Brooks; Brown (Richard); Cerny; Chicoine; Collier; Davis; Duniphan; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Pummel; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Windhorst

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

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

HB 1090 : FOR AN ACT ENTITLED, An Act to exclude uninsured and underinsured motorist coverage from excess or umbrella insurance policies.

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

Rep. Jorgensen moved that HB 1090 be placed to follow HB 1101 on today's calendar.

Which motion prevailed and HB 1090 was so placed.

HB 1084 : FOR AN ACT ENTITLED, An Act to establish fifty-five miles per hour as the speed limit on township roads.

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

The question now being on Rep. Koskan's amendment to Rep. Weber's pending amendment on HB 1084 as found on page 322 of the House Journal.

t-1084b

Rep. Weber moved as a substitute motion that HB 1084 be amended as follows:

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

" Section 1. That § 32-25-9.1 be amended to read as follows:

32-25-9.1. Any board of county commissioners may determine and establish speed zones
or reduced speed limits upon all or any part of the highways under its jurisdiction and upon streets and highways on the request of and after any other local authority having charge of the maintenance thereof has declared its intention to post speed zones. ~~Such speed zones~~ Unless otherwise provided pursuant to this section, the speed limit on any township road is the same as the maximum speed limit on the county roads in the county in which the township is located. Any speed zone or reduced speed limit established pursuant to this section shall be conspicuously posted at the beginning and ending of the ~~zones~~ speed zone or speed limit area by the entity having jurisdiction over the affected portion of road or highway . "

Which motion prevailed and HB 1084 was so amended.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 7, 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; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Duniphan; Fiegen; Hassard; Monroe; Napoli; Pederson (Gordon); Richter

Excused were:
Hagen

Absent and Not Voting 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. Weber moved that the title to HB 1084 be amended as follows:

t-1084t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " make the speed limits on township and county roads consistent. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1122 : FOR AN ACT ENTITLED, An Act to restrict section-line hunting near cemeteries.

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

Rep. Cutler moved that HB 1122 be returned to the Committee on Agriculture & Natural Resources.

Which motion prevailed and the bill was so referred.

HB 1114 : FOR AN ACT ENTITLED, An Act to define certain property for property tax purposes.

Was read the second time.

     The question being "Shall HB 1114 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; 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

Nays were:
Davis; de Hueck; Derby; Gabriel; Speaker Hagg

Excused 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.

HB 1135 : FOR AN ACT ENTITLED, An Act to revise the definition for single-family occupied dwelling.

Was read the second time.

     The question being "Shall HB 1135 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; 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; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Van Gerpen; Wetz

Excused were:
Brooks; 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.

HB 1163 : FOR AN ACT ENTITLED, An Act to provide a provision allowing any regional railroad authority to opt out of the taxing authority provided pursuant to chapter 49- 17A.

Was read the second time.

The question being "Shall HB 1163 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, 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; 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; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Gabriel; Volesky

Excused were:
Brooks; 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.

HB 1165 : FOR AN ACT ENTITLED, An Act to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

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

r-1165

Rep. Richter moved that HB 1165 be amended as follows:

On page 2 , line 9 of the printed bill , after " buyer " insert " Any sale of property hereunder shall be performed in a commercially reasonable manner. "

Which motion prevailed and HB 1165 was so amended.

r-1165a

Rep. de Hueck moved that HB 1165 be further amended as follows:

On page 2 , line 11 of the printed bill , after " tenants. " insert " All sale proceeds or lease payments received by the board pursuant to this section shall be deposited in the fund from which the original loan was made. "

Which motion prevailed and HB 1165 was so amended.

     The question being "Shall HB 1165 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 9, 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; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Fitzgerald; Haley; Koetzle; Monroe; Moore; Sokolow; Volesky; Waltman

Excused 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.

HB 1002 : FOR AN ACT ENTITLED, An Act to revise certain provisions related to the registration of canceled livestock brands.

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

t-1002

Rep. Wetz moved that HB 1002 be amended as follows:

On page 2 , line 12 of the House Agriculture & Natural Resources committee engrossed bill , delete " ; " and insert " . "

On page 2 , delete lines 13 and 14 .

Which motion prevailed and HB 1002 was so amended.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 65, Nays 3, 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; 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; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Moore; Sokolow

Absent and Not Voting were:
Collier; Van Gerpen

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 1155 : FOR AN ACT ENTITLED, An Act to revise the requirement that certain inactive employers establish new unemployment compensation experience-rating accounts.

Was read the second time.

     The question being "Shall HB 1155 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; 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; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Crisp; de Hueck; Kazmerzak; Volesky

Absent and Not Voting were:
Collier

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 1070 : FOR AN ACT ENTITLED, An Act to require payment of sales commissions after termination of employment.

Was read the second time.

Rep. Brosz moved that HB 1070 be deferred until Friday, February 7th, the 19th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1101 : FOR AN ACT ENTITLED, An Act to provide the director of insurance rule- making authority to require proper disclosure and prohibit misrepresentation of life insurance policies.

Was read the second time.

Rep. Brown (Richard) moved that HB 1101 be deferred until Wednesday, February 12th, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

Rep. Jorgensen moved that HB 1090 be placed to follow HB 1075 on today's calendar.

Which motion prevailed and HB 1090 was so placed.

HB 1075 : FOR AN ACT ENTITLED, An Act to provide for statewide limited open enrollment of students in public school districts in which they do not reside.

Was read the second time.

Rep. Eccarius moved that HB 1075 be deferred until Tuesday, February 11th, the 21st legislative day.

Which motion prevailed and the bill was so deferred.

r-1090d

Rep. Jorgensen moved that HB 1090 be amended as follows:

On the House Judiciary committee engrossed bill, delete everything after the enacting clause and insert:

"That § 58-11-9 be amended to read as follows:

58-11-9. No primary automobile insurance policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto in limits for bodily injury or death equal to the coverage provided by such policy for bodily injury and death, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. However, the coverage required by this section may not exceed the limits of one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, unless additional coverage is requested by the insured. Any policy insuring government owned vehicles may not be required to provide uninsured motorist coverage. "

A roll call vote was requested and supported.

    The question being on Rep. Jorgensen's motion that HB 1090 be amended.

     And the roll being called:

     Yeas 33, Nays 37, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Chicoine; Cutler; Diedrich; Fiegen; Fischer-Clemens; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Koskan; Madden; Matthews; McNenny; Monroe; Moore; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Smidt; Van Gerpen; Volesky; Waltman; Weber; Windhorst

Nays were:
Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gleason; Hagen; Haley; Hassard; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Munson (Donald); Napoli; Rost; Schrempp; Sokolow; Sperry; Wetz; Wick; 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. Brooks moved that HB 1090 be laid on the table.

     The question being on Rep. Brooks' motion that HB 1090 be laid on the table.

     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; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
DeMersseman; Duxbury; Konold; Kredit; Pummel; Schrempp; Volesky; Waltman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1090 was tabled.

Speaker Hagg now presiding.

HB 1085 : FOR AN ACT ENTITLED, An Act to clarify situations in which high school seniors are excused from school make up days and to declare an emergency.

Was read the second time.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

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

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; Hunt; Jaspers; 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; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Collier; Hassard; Johnson (Doug); Van Gerpen; Volesky

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 1088 : FOR AN ACT ENTITLED, An Act to prohibit partial-birth abortions, to provide a criminal penalty therefor, and to establish a civil cause of action.

Was read the second time.

Rep. Hunt moved that HB 1088 be deferred until Monday, February 10th, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1188 : FOR AN ACT ENTITLED, An Act to repeal the provisions concerning a candidate's support of congressional term limits.

Was read the second time.

Rep. Brooks moved the previous question.

Which motion prevailed.

The question being "Shall HB 1188 pass?"

And the roll being called:

Yeas 54, Nays 15, Excused 1, 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; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Apa; Derby; Diedrich; Eccarius; Fiegen; Hassard; Jaspers; Konold; Madden; Napoli; Sokolow; Van Gerpen; Volesky; Wick; Windhorst

Excused were:
Koskan

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 1191 : FOR AN ACT ENTITLED, An Act to repeal the entrepreneurial loan program.

Was read the second time.

     The question being "Shall HB 1191 pass?"

     And the roll being called:

     Yeas 53, Nays 15, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lockner; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Weber; Wetz; Wick; Windhorst

Nays were:
Cerny; Collier; Davis; Haley; Kazmerzak; Lee; Lucas; Monroe; Moore; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Speaker Hagg

Excused were:
Koetzle; 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 1205 : FOR AN ACT ENTITLED, An Act to increase the expense allowance of legislators.

Was read the second time.

Rep. Munson (Donald) moved that HB 1205 be deferred until Monday, February 10th, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10 : FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to enter into cooperative purchasing agreements with the North Dakota State Board of Higher Education.

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

SB 15 : FOR AN ACT ENTITLED, An Act to revise the penalties for certain felony convictions.

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

SB 16 : FOR AN ACT ENTITLED, An Act to provide for the sunset of certain mandatory minimum sentences.

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

SB 44 : FOR AN ACT ENTITLED, An Act to regulate and prohibit certain telephone merchandising practices and to provide a penalty.

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

SB 48 : FOR AN ACT ENTITLED, An Act to authorize construction of an animal resource addition to the animal disease research and diagnostic laboratory at South Dakota State University and to provide for its funding.

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

SB 51 : FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to erect an unheated storage building on the campus of Black Hills State University.

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

SB 112 : FOR AN ACT ENTITLED, An Act to revise the penalty for theft by an employee of certain facilities and to require the reporting of certain thefts, abuse, neglect, and exploitation.

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

SB 113 : FOR AN ACT ENTITLED, An Act to establish degrees of unlawful occupancy and prescribe penalties therefor.

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

SB 116 : FOR AN ACT ENTITLED, An Act to permit headstart program directors to have limited access to the central registry for abuse and neglect.

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

SB 124 : FOR AN ACT ENTITLED, An Act to revise the tourism promotion tax, to appropriate the revenue therefrom, and to declare an emergency.

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

SB 133 : FOR AN ACT ENTITLED, An Act to require persons convicted of driving under the influence of alcohol or drugs to participate in certain education and evaluation by a chemical dependency counselor or professional.

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

SB 138 : FOR AN ACT ENTITLED, An Act to authorize sheriffs to collect fees for expenses incurred in executing court orders.

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

SB 143 : FOR AN ACT ENTITLED, An Act to expand the definition of the crime of stalking.

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

SB 150 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a commercial driver's instruction permit and to clarify the issuance of a commercial driver's license work permit.

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

SB 162 : FOR AN ACT ENTITLED, An Act to require disclosure of certain information involving the sale, transfer, or merger of the assets of a nonprofit corporation.

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

SB 198 : FOR AN ACT ENTITLED, An Act to revise certain requirements of the director of the Office of Laboratory Services.

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

SB 204 : FOR AN ACT ENTITLED, An Act to revise the number of days that a temporary snowmobile license permit is valid.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

j-97b

Rep. Hunt moved that SB 97 be amended as follows:

On page 3 , line 3 , after " office " insert " knowing or having reason to know that the lien is counterfeit " .

On page 3 , line 4 , after " felony. " insert " The persons's lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section. "

Which motion prevailed and SB 97 was so amended.

     The question being "Shall SB 97 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 3, Absent and Not Voting 2

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

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

Excused were:
Koetzle; Lee; Waltman

Absent and Not Voting were:
Duxbury; 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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 47.

Respectfully,
PATRICIA ADAM, Secretary

SIGNING OF BILLS

The Speaker publicly read the title 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.

     HB 1039: FOR AN ACT ENTITLED, An Act to transfer administration of the National Guard tuition reduction program.

     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.

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

     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.

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

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

     And signed the same in the presence of the House.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 5:13 p.m. the House adjourned.

KAREN GERDES, Chief Clerk