House Journal 02/12/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 12, 1997

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

     The prayer was offered by the Chaplain, Pastor Rhonda Wellsandt-Zell, followed by the Pledge of Allegiance led by House page Melissa Seiler.

     Roll Call: All members present except Rep. Jorgensen who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-first day and finds that the following correction should be made:

On page 404 of the House Journal, delete lines 9 and 10 and insert:

"The Committee on Taxation respectfully reports that it has had under consideration HB 1171 with the recommendation that said bill be amended as follows:

f-1171d

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

" Section 1. That § 10-4-9.3 be amended to read as follows:

10-4-9.3. Property owned by nonprofit corporation, etc., and used
primarily for health care and related purposes exempt. Property owned by any corporation, organization , or society and used primarily for human health care and health care related purposes is exempt from taxation. Such corporation, organization , or society must be nonprofit

and recognized as an exempt organization under section 501(c)(3) of the United States Internal Revenue Code ~~of 1954~~ , as amended, and in effect on January 1, ~~1986~~ 1997 , and may not have any of its assets available to any private interest. Such property may be a hospital, sanitarium, orphanage, mental health center or adjustment training center regulated under chapter 27A-5, asylum, home, resort, ~~congregate housing~~ or camp. Congregate housing is health care related if it is an assisted, independent group-living environment operated by a health care facility licensed under chapter 34-12 which offers residential accommodations and supporting services primarily for persons at least sixty-two years of age or disabled as defined under chapter 10-6A. Supporting services must include the ability to provide health care and must include a food service which provides a balanced nutrition program. Such health care facility must admit all persons for treatment consistent with the facility's ability to provide medical services required by the patient until such facility is filled to its ordinary capacity and must conform to all regulations of and permit inspections by the South Dakota Department of Health. "

    And that as so amended returns the same without recommendation."

     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.

HONORED GUESTS

Mr. Speaker introduced Gabriele von Malsen-Tiblorch, Consul General of West Germany, who spoke briefly.

Rep. Lockner introduced the South Dakota Snow Queen, Rochelle Cundy of Miller, South Dakota.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1006 and 1007, 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 1065 and 1099 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1201, 1232 and 1251 which were deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1233 which was deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1268 and returns the same with the recommendation that said bill be referred to the Committee on Local Government.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1281 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1189, 1190, 1195, and 1254 which were deferred to the 41st legislative day.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has reconsidered HB 1138 and recommends that said bill be amended as follows:

j-1138

On page 3 , line 11 of the printed bill , overstrike " or a conviction for a violation of " .

On page 3 , line 12 , delete " a " .

On page 3 , line 12 , overstrike " permit committed prior to the minor's sixteenth birthday " .

On page 3 , line 14 , delete " of driving under the influence of alcohol or drugs, " .

On page 3 , line 15 , before " or " delete " , " .

And that as so amended returns said bill without recommendation.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1203 which was tabled.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1174 and 1210 which were deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1274 and returns the same with the recommendation that said bill be amended as follows:

o-1274

On page 1 , line 7 of the printed bill , after " section " insert " for failure to observe a notice provided pursuant to subdivision (1), (4), or (5) of § 31-4-14.2 " .

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 1166 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1007 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1009 and returns the same with the recommendation that said resolution be amended as follows:

o-j1009

On the printed resolution, delete everything after the resolving clause and insert:

"Section 1. That at the next general election held in the state, the following amendments to Article IX of the Constitution of the State of South Dakota, as set forth in sections 2, 3, and 4, inclusive, of this Joint Resolution, and section 5 of this Joint Resolution establishing an effective date of January 1, 1999, which are hereby agreed to, shall be submitted to the electors of the state for approval.

Section 2. That Article IX of the Constitution of the State of South Dakota be amended by adding a NEW SECTION to read as follows:

§ 4. In any two or more counties, not less than ten percent of those voting in the last preceding gubernatorial election in each of the affected jurisdictions may, by petition, initiate the question of whether those counties shall be consolidated into one. Upon receipt of such petitions, the county commissions of the respective counties shall, by resolution, direct that the question of the consolidation of those counties be submitted to a vote of the electors of the respective counties at the next general election.

Section 3. That Article IX of the Constitution of the State of South Dakota be amended by adding a NEW SECTION to read as follows:

§ 5. The affected counties will be consolidated into one if the consolidation is approved at that election by a majority of the votes cast on that question in each of the affected counties.

Section 4. That Article IX of the Constitution of the State of South Dakota be amended by adding a NEW SECTION to read as follows:

§ 6. The county commissions of the counties consolidated by an election pursuant to this Article shall each meet to select a proposed name and seat of government for the new county and shall then meet jointly to select a date for a special election, wherein the electors of the affected counties will vote to select a seat of government and a name for the new county from those seats of government and names so proposed.

Section 5. The effective date of § § 4, 5, and 6 of Article IX of the Constitution is January 1, 1999."

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1198 and HJR 1006 which were deferred to the 41st legislative day.

Respectfully submitted,
Larry E. Gabriel, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1061 and 1062 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 109, 181, 194, 215, and 223 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1006 : A CONCURRENT RESOLUTION, Requesting the Congress of the United States to pass legislation providing election campaign finance reform.

     Rep. Lucas moved that HCR 1006 as found on page 256 and as amended on page 378 of the House Journal be adopted.

     The question being on Rep. Lucas' motion that HCR 1006 as amended be adopted.

     And the roll being called:

     Yeas 40, Nays 29, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Brooks; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Diedrich; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Munson (Donald); Pummel; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Speaker Hagg

Nays were:
Belatti; Broderick; Brosz; Brown (Richard); Cutler; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Hassard; Jaspers; Johnson (Doug); Konold; Koskan; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Rost; Wetz; Wick; Windhorst

Excused were:
Jorgensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1006 was adopted.

     HCR 1004 : A CONCURRENT RESOLUTION, Urging the federal government to require that imported meat be labeled to disclose its country of origin.

     Rep. Schrempp moved that HCR 1004 as found on page 237 of the House Journal be adopted.

     The question being on Rep. Schrempp's motion that HCR 1004 be adopted.

     And the roll being called:

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

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); 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; Speaker Hagg

Nays were:
Brosz; Wick; Windhorst

Excused were:
Hassard; Jorgensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1041.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1041.

     And the roll being called:

     Yeas 61, Nays 6, Excused 2, 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; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Duniphan; Fiegen; Monroe; Moore; Napoli; Roe

Excused were:
Hassard; Jorgensen

Absent and Not Voting were:
Schaunaman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Senate amendments to HB 1041 were concurred in.

Rep. Putnam moved that the Committee on Health and Human Services be instructed to deliver HB 1233 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Gabriel moved that HB 1166 be referred from the Committee on State Affairs to the Committee on Appropriations.

Which motion prevailed and the bill was so referred.

Rep. Hunt moved that HB 1268 be referred from the Committee on Judiciary to the Committee on Local Government.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture & Natural Resources on HB 1178 as found on page 404 of the House Journal; also

     Education on HB 1076 as found on page 405 of the House Journal; also

     Education on HB 1077 as found on page 405 of the House Journal; also

     Education on HB 1209 as found on page 406 of the House Journal; also

     Commerce on HB 1204 as found on page 407 of the House Journal; also

     Commerce on HB 1245 as found on page 407 of the House Journal; also

     Taxation on HB 1171 as found on page 433 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

Rep. Cutler moved to place HB 1171 on the calendar of Friday, February 14th, the 24th legislative day.

     The question being on Rep. Cutler's motion to calendar HB 1171 on Friday, February 14th, the 24th legislative day.

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent and Not Voting 0

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

Nays were:
Belatti; Fiegen; Hagen; Hassard; Koetzle; Lucas; Madden; Pederson (Gordon); Peterson (Bill); Wick

Excused were:
Diedrich; Jorgensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1171 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1093 : FOR AN ACT ENTITLED, An Act to clarify school average daily membership if tuition is waived.

Was read the second time.

The question being "Shall HB 1093 pass?"

And the roll being called:

Yeas 67, Nays 1, Excused 2, 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; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Koskan

Excused were:
Diedrich; Jorgensen

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 1179 : FOR AN ACT ENTITLED, An Act to allow school districts and other eligible agencies to prepare food for other entities under authority of the National School Lunch Act.

Was read the second time.

     The question being "Shall HB 1179 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, 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; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); 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; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Monroe; Windhorst

Excused were:
Diedrich; Jorgensen; 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 1153 : FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale of interment space in perpetual care cemeteries.

Was read the second time.

     The question being "Shall HB 1153 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); 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; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Diedrich; Jorgensen; 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.

SB 120 : FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to insurance arbitration between insurance companies.

Was read the second time.

The question being "Shall SB 120 pass?"

And the roll being called:

Yeas 68, Nays 0, Excused 2, 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); 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; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Jorgensen; 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 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.

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

q-1101

Rep. Hunt moved that HB 1101 be amended as follows:

On page 1 , line 9 of the House Commerce committee engrossed bill , delete everything after " rules " and insert " shall provide for illustration formats, prescribe standards to be followed when illustrations are used, and specify the disclosures that are required in connection with illustrations " .

On page 1 , delete line 10 .

On page 1 , line 11 , delete " insureds " .

Which motion prevailed and HB 1101 was so amended.

The question being "Shall HB 1101 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, 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; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Koskan; Windhorst

Excused were:
Jorgensen

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

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

     The question being on Rep. Konold's pending amendment to HB 1150 as found on page 385 of the House Journal.

t-1150d

Rep. Weber moved as a substitute motion 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 , remove the overstrikes from line 16 .

On page 2 , remove the overstrikes from lines 1 to 18 , inclusive .

Rep. Duniphan moved the previous question.

Which motion prevailed.

The question now being on Rep. Weber's substitute motion that HB 1150 be amended.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 37, Nays 32, Excused 1, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Moore; Munson (Donald); Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

Nays were:
Apa; Brooks; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Jorgensen

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1150 was so amended.

     The question being "Shall HB 1150 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 30, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brosz; Brown (Jarvis); Cerny; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gabriel; Gleason; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koskan; Kredit; Lockner; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost; Schrempp; Smidt; Waltman; Wetz; Wick; Speaker Hagg

Nays were:
Barker; Belatti; Broderick; Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; Derby; Fiegen; Fischer-Clemens; Hagen; Haley; Hassard; Koetzle; Konold; Kooistra; Lee; Lucas; Moore; Peterson (Bill); Roe; Schaunaman; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Windhorst

Excused were:
Jorgensen

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

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

t-1159

Rep. Schaunaman moved that HB 1159 be amended as follows:

On page 1 , line 7 of the printed bill , delete everything after " two " and insert " anhydrous ammonia fertilizer tank trailers. "

On page 1 , line 8 , delete everything before " The " .

On page 1 , line 9 , after " combination " insert " may not exceed a total length of seventy feet, " .

Which motion prevailed and HB 1159 was so amended.

     The question being "Shall HB 1159 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent and Not Voting 0

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

Nays were:
Broderick; Brooks; Brosz; Brown (Richard); Duniphan; Hunt; Koetzle; Kooistra; Madden; Peterson (Bill); Rost; Wick; Speaker Hagg

Excused were:
Jorgensen

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

HB 1241 : FOR AN ACT ENTITLED, An Act to clarify the notice requirement in certain estate matters.

Was read the second time.

r-1241

Rep. Rost moved that HB 1241 be amended as follows:

On page 1 , line 9 of the printed bill , after " hearing " insert " and of the petition " .

On page 1 , line 13 , after " hearing " insert " and of the petition " .

Which motion prevailed and HB 1241 was so amended.

     The question being "Shall HB 1241 pass as amended?"

     And the roll being called:

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

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

Nays were:
Cutler

Excused were:
Jorgensen; Lee

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

HB 1164 : FOR AN ACT ENTITLED, An Act to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred or benefits reaped from the court actions.

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

Rep. Gabriel moved that HB 1164 be deferred until Thursday, February 13th, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1238 : FOR AN ACT ENTITLED, An Act to allow a video lottery machine operator to be owned by certain publicly traded companies.

Was read the second time.

     The question being "Shall HB 1238 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Brosz; Brown (Richard); Cerny; Chicoine; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Koetzle; Lucas; Madden; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Sperry; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Broderick; Brooks; Brown (Jarvis); Collier; Crisp; Davis; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Matthews; Moore; Munson (Donald); Putnam; Roe; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber

Excused were:
Jorgensen

Absent and Not Voting were:
Fiegen

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

Speaker Pro tempore Hunt now presiding.

HB 1276 : FOR AN ACT ENTITLED, An Act to restrict persons who have possessed, used, or distributed controlled substances or marijuana from participation in certain extracurricular activities or financial aid assistance.

Was read the second time.

Rep. Collier moved that HB 1276 be placed to follow HB 1265 on today's calendar.

Which motion prevailed and HB 1276 was so placed.

HB 1110 : FOR AN ACT ENTITLED, An Act to provide distinctive motor vehicle license plates for emergency medical technicians.

Was read the second time.

     The question being "Shall HB 1110 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 40, Excused 4, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Collier; Crisp; de Hueck; Diedrich; Duxbury; Gabriel; Hagen; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; Matthews; Pummel; Rost; Schrempp; Smidt; Volesky; Waltman; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Broderick; Brosz; Cerny; Cutler; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Lee; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schaunaman; Sokolow; Sperry; Van Gerpen; Weber; Wetz

Excused were:
Belatti; Chicoine; Davis; Jorgensen

Absent and Not Voting were:
DeMersseman

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

HB 1089 : FOR AN ACT ENTITLED, An Act to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

Was read the second time.

f-1089d

Rep. McNenny moved that HB 1089 be amended as follows:

On page 1 , line 14 of the House Transportation committee engrossed bill , delete " last " and insert " lasts " .

Which motion prevailed and HB 1089 was so amended.

     The question being "Shall HB 1089 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Collier; Crisp; Cutler; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); 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; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cerny; Gleason; Moore

Excused were:
Belatti; Chicoine; Davis; Jorgensen

Absent and Not Voting were:
Derby

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 1213 : FOR AN ACT ENTITLED, An Act to provide a penalty for strikes by public employees.

Was read the second time.

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Rep. Cutler moved that HB 1213 be amended as follows:

On page 1 , line 12 of the House Judiciary committee engrossed bill , delete " Any resident of the affected district or county " and insert " The governing boards of the state and its political subdivisions may seek enforcement of civil penalties in circuit court immediately upon the existence of a strike or related activities. "

On page 1 , line 13 , delete " in which the strike occurred may enforce this section. " .

j-1213f

Rep. de Hueck moved that Rep. Cutler's pending amendment to HB 1213 be amended as follows:

On line 3 of the Cutler amendment , delete " immediately upon the " and insert "."

Delete line 4 .

    Which motion prevailed and Rep. Cutler's pending amendment was so amended.

     The question now being on Rep. Cutler's pending amendment to HB 1213 as amended.

     Which motion prevailed and HB 1213 was so amended.

     The question being "Shall HB 1213 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 10, Excused 4, Absent and Not Voting 1

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

Nays were:
Collier; Hagen; Haley; Kazmerzak; Koetzle; Lockner; Monroe; Moore; Sokolow; Sperry

Excused were:
Belatti; Chicoine; Davis; Jorgensen

Absent and Not Voting were:
Derby

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 1259 : FOR AN ACT ENTITLED, An Act to provide certain provisions regarding inmate assault against Department of Corrections employees.

Was read the second time.

Rep. Hagg moved that HB 1259 be deferred until Thursday, February 13th, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1280 : FOR AN ACT ENTITLED, An Act to amend House Bill 1043 as previously enacted by adding an emergency clause and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1280 pass?"

     And the roll being called:

     Yeas 61, Nays 2, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Cutler; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); 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; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Fiegen; Speaker Hagg

Excused were:
Belatti; Chicoine; Davis; Jorgensen; Koetzle

Absent and Not Voting were:
Derby; 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 1265 : 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 second time.

     The question being "Shall HB 1265 pass?"

     And the roll being called:

     Yeas 58, Nays 7, Excused 5, Absent and Not Voting 0

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

Nays were:
Barker; Duxbury; Lockner; Lucas; Moore; Schrempp; Waltman

Excused were:
Belatti; Chicoine; Davis; Jorgensen; Koetzle

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.

f-1276a

Rep. Collier moved that HB 1276 be amended as follows:

On page 1 , line 6 of the House State Affairs committee engrossed bill , after " for " insert " sex crimes as defined in § 22-22-30 or " .

On page 2 , line 1 , after " for " insert " sex crimes as defined in § 22-22-30 or " .

On page 2 , line 6 , after " of " insert " committing any sex crimes as defined in § 22-22-30 or " .

On page 2 , line 8 , after " have " insert " committed any sex crimes as defined in § 22-22-30 or " .

On page 2 , line 15 , after " of " insert " committing any sex crimes as defined in § 22-22-30 or " .

Rep. Gabriel moved that Rep. Collier's pending amendment to HB 1276 be amended as follows:

On line 2, delete "22-22-30" and insert "22-22-1".

On line 3, delete "22-22-30" and insert "22-22-1".

On line 4, delete "22-22-30" and insert "22-22-1".

On line 5, delete "22-22-30" and insert "22-22-1".

On line 6, delete "22-22-30" and insert "22-22-1".

Rep. Koetzle requested that Joint Rule 5-17 be invoked on HB 1276.

Which request was supported and HB 1276 with pending motions to amend was deferred until Friday, February 14th, the 24th legislative day.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 109 : FOR AN ACT ENTITLED, An Act to appropriate money for rural school and community renewal.

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

SB 181 : FOR AN ACT ENTITLED, An Act to allow additional compensation to state's attorneys for the performance of legal services under the Violence Against Women Act.

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

SB 194 : FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

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

SB 215 : FOR AN ACT ENTITLED, An Act to transfer the Unclaimed Property Office from the State Treasurer's Office to the secretary of revenue.

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

SB 223 : FOR AN ACT ENTITLED, An Act to temporarily authorize school districts to extend school days to make up time lost because of inclement weather and to declare an emergency.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gabriel moved that SB 37, 39, and 40 be deferred until Thursday, February 13th, the 23rd legislative day.

Which motion prevailed and the bills were so deferred.

Speaker Hagg now presiding.

SIGNING OF BILLS

     The Speaker publicly read the title to

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

     HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liens.

     SB 18: FOR AN ACT ENTITLED, An Act to provide for the licensure of audiologists and establish a combined board for the regulation of audiologists and hearing aid dispensers.

     SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deferred compensation fund for public employees and to revise certain rule-making authority regarding the maximum annual benefits paid by the South Dakota Retirement System.

     SB 36: FOR AN ACT ENTITLED, An Act to revise the method of calculating retirement benefits for South Dakota Retirement System members whose benefits are suspended upon reemployment after retirement.

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

And signed the same in the presence of the House.

Rep. Duniphan moved that the House do now adjourn, which motion prevailed, and at 4:58 p.m. the House adjourned.

KAREN GERDES, Chief Clerk