House Journal 02/10/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 10, 1997

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

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by House page Jacey Wheeler.

     Roll Call: All members present except Reps. Cerny and Schaunaman who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

The oath of office was administered by Speaker Hagg to the following named pages: Miranda Aberle, Benjamin Blair, Brock Cutler, Amy Duxbury, Scott Gessford, Adam Guerin, Karen Hart, Michael Lonneman, Erin McIntyre, Heidi Reetz, Melissa Seiler, Laura Van Gerpen, Rhonda Voegeli, and Jacey Wheeler.

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

HONORED GUESTS

Rep. Wetz introduced Tommi Jo Casteel, Miss South Dakota Stockgrower, who represents the South Dakota Stockgrower's Association and South Dakota Cattlewomen as a professional spokesperson for the grassroots Beef producer. Tommi Jo ranches near Vale, South Dakota, and is a junior at Black Hills State University majoring in Wellness Management.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1009, 1018, 1021, 1026, 1028, 1029, 1030, 1031, 1043, 1051, 1052, and 1053, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1019, 1042, 1064, 1072, and 1073 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1006 and 1007 were delivered to his Excellency, the Governor, for his approval at 1:11 p.m., February 7, 1997.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that it has had under consideration HB 1105 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1145 and SB 71 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 State Affairs respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 13 of the printed bill , after " company " insert " licensed as a video lottery machine operator pursuant to chapter 42-7A prior to January 1, 1997, and " .

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 1276 and returns the same with the recommendation that said bill be amended as follows:

     o-1276

On page 2 , line 7 of the printed bill , after " possessing " insert " , using, or distributing " .

On page 2 , line 15 , after " possessing " insert " , using, or distributing " .

On page 1 , line 6 , after " defined " insert " in " .

On page 2 , line 1 , after " for " insert " felonious " .

On page 2 , line 8 , after " have " insert " feloniously " .

On page 2 , line 2 , delete " direct financial aid, grant, loan, or " .

On page 2 , line 3 , delete " financial aid, grant, loan, or " .

On page 2 , line 15 , after " of " insert " feloniously " .

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 HCR 1006 and returns the same with the recommendation that said resolution be amended as follows:

o-c1006

On page 257 of the House Journal , line 31 , delete " of not more than one million dollars " .

On page 257 , line 32 , delete " of not more than one million five hundred " .

On page 257 , line 33 , delete " thousand dollars " .

On page 257 , line 36 , delete " of not more than four " .

On page 257 , line 37 , delete " hundred thousand dollars " .

On page 257 , line 38 , delete " of not more than six hundred thousand dollars " .

On page 257 of the House Journal , line 31 , delete " voluntary " .

On page 257 , line 36 , delete " voluntary " .

And that as so amended said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1236 and 1237 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 1100 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 1089 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , after " display " insert " but may not sell any " .

On page 1 , line 12 , after " display " insert " but may not sell any " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill be amended as follows:

On page 3 , line 24 of the printed bill , delete " fighter " and insert " firefighter " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1012 which was tabled.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1131, 1138 and 1270 which were deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1042, 1064, 1072, and 1073 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 183, 186, 192, and 210 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1008 : A CONCURRENT RESOLUTION, Requesting the appointment of an interim legislative committee to study the desirability and the feasibility of county government consolidation.

    Rep. Bill Peterson moved that HCR 1008 as found on page 258 of the House Journal be adopted.

     The question being on Rep. Bill Peterson's motion that HCR 1008 be adopted.

     And the roll being called:

     Yeas 35, Nays 31, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Brosz; Brown (Richard); Collier; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Hunt; Jorgensen; Konold; Kooistra; Koskan; Lockner; Lucas; Madden; Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schrempp; Smidt; Sperry; Volesky; Windhorst; Speaker Hagg

Nays were:
Broderick; Brooks; Brown (Jarvis); Chicoine; Crisp; Duenwald; Duxbury; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Kredit; Lee; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pummel; Rost; Sokolow; Van Gerpen; Weber; Wetz; Wick

Excused were:
Barker; Cerny; Schaunaman

Absent and Not Voting were:
Waltman

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

Rep. Bill Peterson announced his intention to reconsider the vote by which HCR 1008 lost.

Yesterday Rep. Gabriel announced his intention to reconsider the vote by which HB 1182 passed.

No member moved to reconsider the vote by which HB 1182 passed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1164 as found on page 360 of the House Journal; also

     Judiciary on HB 1147 as found on page 360 of the House Journal; also

     Judiciary on HB 1170 as found on page 361 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Wetz requested that HB 1108 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

HB 1269 : FOR AN ACT ENTITLED, An Act to revise certain provisions of the uniform commercial code.

Was read the second time.

     The question being "Shall HB 1269 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); 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; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Koetzle

Excused were:
Barker; Cerny; Schaunaman

Absent and Not Voting were:
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 1142 : FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the Division of Rehabilitation Services.

Was read the second time.

The question being "Shall HB 1142 pass?"

And the roll being called:

Yeas 62, Nays 4, Excused 3, Absent and Not Voting 1

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

Nays were:
Collier; de Hueck; Moore; Volesky

Excused were:
Barker; Cerny; Schaunaman

Absent and Not Voting were:
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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1096 : FOR AN ACT ENTITLED, An Act to reduce the term of office and revise the qualifications of notaries public.

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

Rep. Moore moved that HB 1096 be amended as follows:

On page 2 , line 15 of the House Judiciary committee engrossed bill , delete everything after " chapter. "

On page 2 , delete line 16 .

On page 2 , line 20 , delete everything after " proceeding. "

On page 2 , delete line 21 .

A roll call vote was requested and supported.

The question being on Rep. Moore's motion that HB 1096 be amended.

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent and Not Voting 0

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

Nays were:
Gabriel; Hassard; Kooistra; McNenny; Pummel; Volesky; Wetz

Excused were:
Barker; Cerny; Schaunaman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1096 was so amended.

     The question now being "Shall HB 1096 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 22, Excused 3, Absent and Not Voting 1

     Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kredit; Lockner; Madden; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Cutler; Diedrich; Duenwald; Fiegen; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Jorgensen; Kooistra; Koskan; Lee; Lucas; Monroe; Napoli; Richter; Van Gerpen; Weber; Wetz

Excused were:
Barker; Cerny; Schaunaman

Absent and Not Voting were:
Matthews

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.

HB 1205 : FOR AN ACT ENTITLED, An Act to increase the expense allowance of legislators.

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

Rep. Munson (Donald) moved that HB 1205 be placed to follow HB 1159 on today's calendar.

Which motion prevailed and HB 1205 was so placed.

     HB 1150 : FOR AN ACT ENTITLED, An Act to repeal certain landfill disposal bans.

     Was read the second time.

Rep. Konold moved that HB 1150 be amended as follows:

On page 1 , line 3 of the printed bill , delete " repealed. " and insert " amended to read as follows: "

On page 1 , remove the overstrikes from lines 4 to 11 , inclusive .

On page 1 , line 9 , after " ; " insert " and " .

On page 1 , line 11 , overstrike " ; " and insert " . "

On page 2 , remove the overstrikes from lines 4 to 18 , inclusive .

Rep. Waltman moved as a substitute motion that HB 1150 be referred to the Committee on Agriculture & Natural Resources.

Which motion lost.

Rep. Weber requested that Joint Rule 5-17 be invoked on HB 1150.

Which request was supported and HB 1150 with Rep. Konold's pending motion to amend was deferred until Wednesday, February 12th, the 22nd legislative day.

HB 1258: FOR AN ACT ENTITLED, An Act to allow certain real property to be specifically classified for the purpose of taxation.

Was read the second time.

Rep. Cutler moved that HB 1258 be amended as follows:

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

" Section 1. That § 10-4-31 be repealed.

10-4-31. All real property devoted to nationally chartered fraternal organizations as provided in § 13-58-25 and improvements thereon are hereby specifically classified for purposes of taxation.

Section 2. That § 10-4-32 be repealed.

10-4-32. Any improvement, on real property classified in § 10-4-31, shall only be taxed on sixty-five percent of its taxable value. Real property, excluding improvements thereon, classified in § 10-4-31 is exempt from real property taxes. "

    A roll call vote was requested and supported.

    The question being on Rep. Cutler's motion to amend HB 1258.

     And the roll being called:

     Yeas 37, Nays 30, Excused 3, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Crisp; Cutler; DeMersseman; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Hunt; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Putnam; Richter; Rost; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst

Nays were:
Apa; Brown (Richard); Chicoine; Collier; Davis; de Hueck; Derby; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Jaspers; Kazmerzak; Koetzle; Lockner; Lucas; Munson (Donald); Peterson (Bill); Pummel; Roe; Schrempp; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg

Excused were:
Barker; Cerny; Schaunaman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1258 was so amended.

     Rep. Richard Brown moved that HB 1258 be deferred until the 41st legislative day.

     The question being on Rep. Richard Brown's motion that HB 1258 be deferred until the 41st legislative day.

     And the roll being called:

     Yeas 33, Nays 33, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Brown (Richard); Chicoine; Collier; Davis; de Hueck; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Monroe; Peterson (Bill); Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky

Nays were:
Broderick; Brooks; Brosz; Brown (Jarvis); Crisp; Cutler; DeMersseman; Derby; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Johnson (Doug); Jorgensen; Konold; Koskan; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Barker; Cerny; Schaunaman

Absent and Not Voting were:
Waltman

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

Rep. Hagg moved that HB 1258 be referred to the Committee on Taxation.

The Speaker, being in doubt as to the voice vote, requested a roll call vote.

The question now being on Rep. Hagg's motion that HB 1258 be referred to the Committee on Taxation.

And the roll being called:

Yeas 42, Nays 25, Excused 3, Absent and Not Voting 0

Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Chicoine; Collier; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Kooistra; Kredit; Lee; Lockner; Lucas; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg

Nays were:
Brosz; Brown (Jarvis); Crisp; Duenwald; Eccarius; Fitzgerald; Hassard; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Madden; Matthews; Monroe; Moore; Napoli; Pummel; Rost; Van Gerpen; Weber; Wetz; Wick; Windhorst

Excused were:
Barker; Cerny; Schaunaman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the bill as amended was referred to the Committee on Taxation.

HB 1207 : FOR AN ACT ENTITLED, An Act to allow certain malt beverage manufacturers to serve wine for consumption on their premises.

Was read the second time.

     The question being "Shall HB 1207 pass?"

     And the roll being called:

     Yeas 57, Nays 8, Excused 4, Absent and Not Voting 1

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

Nays were:
Fiegen; Fitzgerald; Koskan; Kredit; Moore; Munson (Donald); Van Gerpen; Volesky

Excused were:
Barker; Cerny; Pederson (Gordon); Schaunaman

Absent and Not Voting were:
McNenny

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 1133 : FOR AN ACT ENTITLED, An Act to authorize the transfer of certain landowner preference big game licenses.

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

Rep. Gabriel moved that HB 1133 be amended as follows:

On page 1 of the House State Affairs committee engrossed bill , after line 12 , insert:

" Section 3. No license holder who transfers a license to another person as provided in section 1 of this Act may receive any depredation assistance from the Department of Game, Fish, and Parks for a period of twelve months after the transfer. "

Rep. Wetz moved the previous question.

    Which motion prevailed.

     The question being on Rep. Gabriel's motion that HB 1133 be amended.

     Which motion prevailed and HB 1133 was so amended.

Rep. Davis moved the previous question.

     The Speaker, being in doubt, requested a roll call vote.

     The question being on Rep. Davis' motion to call the previous question.

     And the roll being called:

     Yeas 44, Nays 23, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Madden; Moore; Munson (Donald); Peterson (Bill); Pummel; Richter; Rost; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Barker; Cutler; DeMersseman; Derby; Duenwald; Duxbury; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koskan; Kredit; Matthews; McNenny; Monroe; Napoli; Putnam; Roe; Smidt; Wick; Windhorst

Excused were:
Cerny; Pederson (Gordon); Schaunaman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the question was called.

     The question now being "Shall HB 1133 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 44, Excused 3, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Cutler; DeMersseman; Duenwald; Fitzgerald; Gabriel; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koskan; Madden; McNenny; Napoli; Pummel; Putnam; Schrempp; Smidt; Sperry; Van Gerpen; Waltman; Wetz; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Hunt; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Peterson (Bill); Richter; Roe; Rost; Sokolow; Volesky; Weber; Wick; Windhorst

Excused were:
Cerny; Pederson (Gordon); Schaunaman

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

HB 1159 : FOR AN ACT ENTITLED, An Act to authorize the towing of certain anhydrous ammonia fertilizer tanks in combination.

Was read the second time.

Rep. Haley moved that HB 1159 be deferred until Wednesday, February 12th, the 22nd legislative day.

Which motion prevailed.

HB 1205 : FOR AN ACT ENTITLED, An Act to increase the expense allowance of legislators.

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

Rep. Roe moved that HB 1205 be amended as follows:

On page 2 of the printed bill , after line 7 , insert:

" Section 2. The effective date of this Act is January 1, 1999. "

    A roll call vote was requested and supported.

     The question being on Rep. Roe's motion that HB 1205 be amended.

     And the roll being called:

     Yeas 43, Nays 24, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brosz; Brown (Richard); Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Hunt; Jaspers; Jorgensen; Konold; Koskan; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Napoli; Peterson (Bill); Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wick; Windhorst

Nays were:
Apa; Barker; Belatti; Brown (Jarvis); Chicoine; Collier; Crisp; Duniphan; Fitzgerald; Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Kredit; Madden; Moore; Munson (Donald); Pederson (Gordon); Pummel; Van Gerpen; Wetz; Speaker Hagg

Excused were:
Cerny; Schaunaman

Absent and Not Voting were:
Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1205 was so amended.

Rep. Brooks moved the previous question.

Which motion prevailed.

The question now being "Shall HB 1205 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 27, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Brooks; Brosz; Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Diedrich; Duniphan; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Roe; Sokolow; Sperry; Waltman; Wetz; Speaker Hagg

Nays were:
Apa; Belatti; Broderick; Brown (Jarvis); de Hueck; Derby; Duenwald; Duxbury; Eccarius; Fiegen; Gleason; Hassard; Koskan; Lucas; Madden; Monroe; Napoli; Peterson (Bill); Richter; Rost; Schrempp; Smidt; Van Gerpen; Volesky; Weber; Wick; Windhorst

Excused were:
Cerny; Schaunaman

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.

HB 1234 : FOR AN ACT ENTITLED, An Act to provide certain compensation to legislators for constituent services.

Was read the second time.

     The question being "Shall HB 1234 pass?"

     And the roll being called:

     Yeas 32, Nays 33, Excused 4, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Richard); Chicoine; Collier; Cutler; Davis; DeMersseman; Duxbury; Fischer- Clemens; Fitzgerald; Hagen; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Munson (Donald); Putnam; Richter; Sokolow; Sperry; Weber; Wetz; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brosz; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Gleason; Hassard; Johnson (Doug); Konold; Koskan; Madden; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Roe; Rost; Schrempp; Smidt; Van Gerpen; Volesky; Waltman; Wick; Windhorst

Excused were:
Brown (Jarvis); Cerny; Crisp; Schaunaman

Absent and Not Voting were:
Pederson (Gordon)

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

Rep. Richter announced his intention to reconsider the vote by which HB 1234 was lost.

HB 1143 : FOR AN ACT ENTITLED, An Act to require school boards to establish staff reduction and recall policies.

Was read the second time.

Rep. Koetzle moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1143 pass?"

     And the roll being called:

     Yeas 38, Nays 30, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brosz; Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Pederson (Gordon); Pummel; Roe; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Apa; Brooks; Brown (Jarvis); DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Napoli; Peterson (Bill); Putnam; Richter; Rost; Van Gerpen; Wick; Windhorst

Excused were:
Cerny; Schaunaman

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 1126 : FOR AN ACT ENTITLED, An Act to revise the definition of average daily membership in the state aid to education formula.

Was read the second time.

     The question being "Shall HB 1126 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent and Not Voting 1

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

Nays were:
Moore

Excused were:
Cerny; Hassard; Schaunaman

Absent and Not Voting were:
Madden

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 1206 : FOR AN ACT ENTITLED, An Act to authorize the sale of the state-owned facilities and land in Rapid City, commonly known as the Coal Gasification Plant, and to provide for the deposit of the proceeds.

Was read the second time.

     The question being "Shall HB 1206 pass?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; 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; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Collier; Crisp; Moore

Excused were:
Cerny; Schaunaman

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 1223 : FOR AN ACT ENTITLED, An Act to provide for certain agency appeals to the Interim Rules Review Committee during the rules promulgation process.

Was read the second time.

     The question being "Shall HB 1223 pass?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 2, Absent and Not Voting 1

     Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); 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; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Collier; Kazmerzak; Sokolow

Excused were:
Cerny; Schaunaman

Absent and Not Voting were:
Napoli

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

HB 1140 : FOR AN ACT ENTITLED, An Act to revise the definition of a financial institution for nonprobate transfers.

Was read the second time.

     The question being "Shall HB 1140 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; 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; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Gabriel; McNenny; Putnam; Sokolow

Excused were:
Cerny; Schaunaman

Absent and Not Voting were:
Cutler

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 1162 : FOR AN ACT ENTITLED, An Act to define the term, shall.

Was read the second time.

     The question being "Shall HB 1162 pass?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); 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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Collier; Roe; Speaker Hagg

Excused were:
Cerny; Schaunaman

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

Rep. Gabriel moved that HB 1088 and 1087 be deferred until Tuesday, February 11th, the 21st legislative day.

The Speaker being in doubt as to the voice vote requested a roll call vote.

The question being on Rep. Gabriel's motion that HB 1088 and 1087 be deferred until Tuesday, February 11th, the 21st legislative day.

     And the roll being called:

     Yeas 53, Nays 13, Excused 2, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Collier; Fischer-Clemens; Jaspers; Koetzle; Monroe; Napoli; Sokolow; Sperry; Van Gerpen; Windhorst

Excused were:
Cerny; Schaunaman

Absent and Not Voting were:
Cutler; Volesky

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 183 : FOR AN ACT ENTITLED, An Act to permit a county to designate minimum maintenance roads.

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

SB 186 : FOR AN ACT ENTITLED, An Act to revise certain requirements and rule making authority relating to implementation of a hunter safety course.

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

SB 192 : FOR AN ACT ENTITLED, An Act to revise certain requirements for snow removal equipment and to declare an emergency.

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

SB 210 : FOR AN ACT ENTITLED, An Act to regulate certain conduct involving fires on public land and to establish related penalties.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gabriel moved that SB 33, 56, 32, 34, 35, 50, and 67 be deferred until Tuesday, February 11th, the 21st legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1241 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 Judiciary respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 14 of the printed bill , delete " to offset the cost and expenses of the strike " .

On page 1 , line 11 , after " of " insert " up to " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1259 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , delete " or adjudicated " .

On page 1 , line 7 , delete " spits, " .

On page 1 , line 7 , delete " bodily " and insert " body " .

On page 1 , line 10 , delete " Class 5 " and insert " Class 6 " .

On page 1 , delete lines 11 to 16 , inclusive .

On page 2 , line 22 , delete " or adjudicated " .

On page 2 , line 23 , delete " harm " and insert " injury " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill be amended and referred to the Committee on Appropriations.

On page 1 of the printed bill , delete lines 10 to 16 , inclusive .

On page 2 , delete lines 1 to 20 , inclusive .

On page 2 , line 21 , delete " sections 1 to 6, inclusive, " and insert " section 1 " .

On page 2 , line 23 , delete " sections 1 to 6, inclusive, " and insert " section 1 " .

On page 3 , line 9 , delete " sections 1 to 6, inclusive, " and insert " section 1 " .

On page 3 , line 11 , delete " section 8 " and insert " section 1 " .

On page 1 , delete lines 5 to 9 , inclusive .

On page 2 , delete line 21 .

On page 2 , line 23 , after " plan " insert " and " .

On page 2 , line 23 , delete " , and implement sections 1 to 6, inclusive of this Act " and insert " a visitation enforcement program " .

On page 3 , line 9 , delete " and implement sections 1 to 6, of this Act " and insert " a visitation enforcement program " .

The Committee on Judiciary respectfully reports that it has had under consideration HB 1214 which was tabled.

Respectfully submitted,
Roger Hunt, Chair

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 97.

Respectfully,
PATRICIA ADAM, Secretary

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1019: FOR AN ACT ENTITLED, An Act to revise which candidates to whom the provisions concerning campaign financing apply.

     HB 1042: FOR AN ACT ENTITLED, An Act to require parolees released under the supervision of the Department of Corrections and the Board of Pardons and Paroles to pay supervision fees, to provide for the establishment of supervision fees, and to provide for the deposition of the fees.

     HB 1064: FOR AN ACT ENTITLED, An Act to permit a judge or clerk of courts to fix a time and place for hearing on certain probate and trust matters.

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

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

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

     And signed the same in the presence of the House.

HC 1005 Introduced by: Members of the 1997 House of Representatives

A LEGISLATIVE COMMEMORATION, Honoring Harvey C. Krautschun on his service as Speaker of the South Dakota House of Representatives.

WHEREAS, Harvey C. Krautschun served in the South Dakota House of Representatives from 1985-1996 and was Speaker during the 70th and 71st Legislative Sessions; and

WHEREAS, Speaker Krautschun wielded such a great gavel that even steel plates and oak blocks gave way; and

WHEREAS, Speaker Krautschun will always be remembered for his subtle laugh, quick response, and gracious fairness:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that Harvey C. Krautschun of Spearfish, South Dakota, be remembered and honored for his service to the people of South Dakota as Speaker of the House of Representatives from 1995 through 1996.

Rep. Monroe moved that the House do now adjourn, which motion prevailed, and at 6:13 p.m. the House adjourned.

KAREN GERDES, Chief Clerk