House Journal 02/14/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 14, 1997

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Ben Blair.

     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 twenty-third 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.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1027, 1039, 1059, and 1066 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 HB 1019, 1042, 1064, 1072, and 1073 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 14, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , delete lines 4 to 10 , inclusive .

On page 2 , line 2 , delete " ten " and insert " five " .

On page 2 , line 5 , delete " ten " and insert " five " .

On page 2 , line 9 , delete " ten " and insert " five " .

On page 2 , line 19 , delete " ten " and insert " five " .

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 1130, 1152, and 1252 which were deferred to the 41st legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1154 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 1278 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , overstrike " Class 5 " .

On page 1 , line 8 , after " ~~felonies~~ " insert " Class 6 " .

On page 1 , line 9 of the printed bill , after " crime. " insert " The person is also civilly liable for any injury to person or property from the false report and any costs related to responding to the false report. " .

On page 1 , line 1 of the printed bill , after " bomb " insert " and to provide for civil liability " .

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 1267 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , remove the overstrikes from " ~~may~~ " .

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

On page 1 , remove the overstrikes from lines 15 and 16 .

On page 2 , remove the overstrikes from line 1 .

On page 2 , line 2 , remove the overstrikes from " ~~defendant will make restitution~~ " .

On page 3 , line 15 , remove the overstrikes from " ~~, unless the court or parole board provides to the victim on the record~~ " .

On page 3 , remove the overstrikes from line 16 .

On page 2 , line 13 , after " treatment " insert " , or foster care " .

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 1149 and 1260 which were deferred to the 41st legislative day.

Respectfully submitted,
Rex Hagg, Vice Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1272 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1069 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1123, 1220, and 1250 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 SB 205 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 12 of the Senate Transportation committee engrossed bill , after " § 32-25- 19.1. " insert " In the case of a rented or leased motor vehicle, if the motor vehicle owner notifies the Department of Transportation of the identity of the renter or lessee, the renter or lessee is liable for the civil penalty imposed by this section. "

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 1228 which was deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1045, 1146, 1262, and 1263 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1023, 1024, 1054, 1136, and 1137 which were deferred to the 41st legislative day.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1116, 1118, and 1124 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 57, 128, 182, 184, 209, 217, and 232 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1010 Introduced by: Representatives Putnam, Broderick, Brooks, Brown (Richard), Cerny, Chicoine, Davis, Duxbury, Fischer-Clemens, Gabriel, Hagen, Haley, Koetzle, Lee, Lockner, Lucas, McNenny, Moore, Peterson (Bill), Schrempp, Volesky, and Weber and Senators Frederick, Albers, Brown (Arnold), Drake, Dunn (Rebecca), Everist, Flowers, Hunhoff, Hutmacher, Reedy, and Valandra

A CONCURRENT RESOLUTION, Requesting the appointment of an interim legislative committee to study water development districts, county drainage laws, conservation districts, and other natural resource districts.

WHEREAS, watersheds and natural resources do not follow political boundaries; and

WHEREAS, different political subdivisions have various authorities over the management of these natural resources and watersheds; and

WHEREAS, management of natural resources is best achieved on a regional watershed basin approach; and

WHEREAS, the division of authorities often wastes financial resources and makes planning and management decisions inconsistent as well as inefficient:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- second Legislature of the State of South Dakota, the Senate concurring therein, that the Executive Board of the Legislative Research Council appoint an interim legislative committee to make a comprehensive study of the desirability and feasibility of restructuring water development districts, to study consolidating the county drainage law into the water development district law, to review conservation district laws, to review other natural resource management districts, and to recommend any necessary legislation to the Seventy-third Legislature.

Was read and referred to the Committee on Local Government.

Rep. Koetzle moved that the Committee on Agriculture & Natural Resources be instructed to deliver HB 1158 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 when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, February 15th, the 25th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on HB 1224 as found on page 460 of the House Journal; also

     Agriculture & Natural Resources on HB 1199 as found on page 461 of the House Journal; also

     Commerce on HB 1240 as found on 462 of the House Journal; also

     Local Government on HB 1082 as found on page 475 of the House Journal; also

     Local Government on HB 1246 as found on page 476 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Putnam moved that HB 1233 be placed on the calendar of Saturday, February 15th, the 25th legislative day.

     The question being on Rep. Putnam's motion that HB 1233 be placed on the calendar of Saturday, February 15th, the 25th legislative day.

     And the roll being called:

     Yeas 48, Nays 21, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; DeMersseman; Duenwald; Duniphan; Duxbury; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Putnam; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick

Nays were:
Crisp; Cutler; Derby; Diedrich; Eccarius; Fiegen; Hassard; Jaspers; Johnson (Doug); Kooistra; Madden; Matthews; McNenny; Moore; Napoli; Pummel; Richter; Roe; Rost; Windhorst; Speaker Hagg

Excused were:
Waltman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1233 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1115 : FOR AN ACT ENTITLED, An Act to secure South Dakota Retirement System benefits for members whose employers are privatized.

Was read the second time.

The question being "Shall HB 1115 pass?"

And the roll being called:

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

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

Excused were:
Waltman

Absent and Not Voting were:
Duenwald

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. Moore requested that HB 1192 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 104 : FOR AN ACT ENTITLED, An Act to clarify the time when wages are due by the employer of a separated employee.

Was read the second time.

     The question being "Shall SB 104 pass?"

     And the roll being called:

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

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

Excused were:
Waltman

Absent and Not Voting were:
Duenwald

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

Was read the second time.

     The question being "Shall SB 107 pass?"

     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); Jorgensen; 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; Windhorst; Speaker Hagg

Nays were:
Kazmerzak; Monroe

Excused 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.

SB 111 : FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the valuation of the insurable interest of certain property insurance policies.

Was read the second time.

     The question being "Shall SB 111 pass?"

     And the roll being called:

     Yeas 68, Nays 1, 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); 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; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Sokolow

Excused 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.

Rep. de Hueck requested that SB 162 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 207 : FOR AN ACT ENTITLED, An Act to limit the application of preexisting waiting periods for health insurance policies.

Was read the second time.

The question being "Shall SB 207 pass?"

And the roll being called:

Yeas 68, Nays 1, 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); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Koskan

Excused 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.

SB 153 : FOR AN ACT ENTITLED, An Act to revise the requirements for selling and purchasing surplus property.

Was read the second time.

     The question being "Shall SB 153 pass?"

     And the roll being called:

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

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

Excused were:
Waltman

Absent and Not Voting were:
DeMersseman

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

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

Was read the second time.

     The question being "Shall SB 192 pass?"

     And the roll being called:

     Yeas 69, Nays 0, 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); 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; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Waltman

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1171 : FOR AN ACT ENTITLED, An Act to revise the types of property exempt from taxation.

Was read the second time.

Rep. Cutler moved that HB 1171 be deferred until Tuesday, February 18th, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

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.

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

The question being on Rep. Gabriel's pending motion that Rep. Collier's pending amendment to HB 1276 be amended.

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

The question now being on Rep. Collier's pending amendment to HB 1276 as amended.

Which motion lost.

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

On page 2 of the printed bill , after line 15 , insert:

" Section 4. The provisions of this Act also apply to any person adjudicated, convicted, or the subject of a suspended imposition of sentence for purchase, possession, or consumption of alcoholic beverages pursuant to § 35-9-2. "

    A roll call vote was requested and supported.

     The question being on Rep. Davis' motion that HB 1276 be amended.

     And the roll being called:

     Yeas 23, Nays 43, Excused 1, Absent and Not Voting 3

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

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

Excused were:
Windhorst

Absent and Not Voting were:
Munson (Donald); Smidt; Weber

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

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

On page 1 , line 13 of the House State Affairs committee engrossed bill , delete " circuit court " and insert " Unified Judicial System " .

Which motion prevailed and HB 1276 was so amended.

Rep. Apa moved the previous question.

Which motion lost.

Rep. Hunt moved that HB 1276 be further amended as follows:

On page 2 , line 6 of the House State Affairs committee engrossed bill , after " of " insert " feloniously " .

Which motion prevailed and HB 1276 was so amended.

Rep. Lee moved the previous question.

Which motion prevailed.

The question being "Shall HB 1276 pass as amended?"

And the roll being called:

Yeas 45, Nays 23, Excused 1, Absent and Not Voting 1

Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Konold; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Van Gerpen; Volesky; Wetz; Wick; Speaker Hagg

Nays were:
Barker; Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Lockner; Moore; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Waltman; Weber

Excused were:
Windhorst

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 1138 : FOR AN ACT ENTITLED, An Act to provide for a graduated driver's licensing system.

Was read the second time.

Rep. Brown (Richard) moved that HB 1138 be amended as follows:

On page 1 , line 11 of the House Transportation committee engrossed bill , overstrike " during the hours of 8 p.m. " .

On page 1 , line 12 , overstrike " to 6 a.m. " and insert " if the vehicle is being operated only on the most direct route between the operator's home and the school in which the operator is enrolled and is in session or on the most direct route between the operator's home and the operator's place of employment or in the course of employment. The holder of a restricted minor's permit may otherwise operate a motor vehicle only " .

On page 3 , line 12 , overstrike " or a " .

On page 3 , delete line 13 , and insert " ~~conviction for a violation of this restricted minor's permit committed prior to the~~ " .

On page 3 , line 14 , overstrike " minor's sixteenth birthday " .

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

     The question being on Rep. Richard Brown's motion that HB 1138 be amended.

     And the roll being called:

     Yeas 26, Nays 39, Excused 2, Absent and Not Voting 3

     Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Richard); Chicoine; Collier; Davis; DeMersseman; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Jorgensen; Koetzle; Konold; Lockner; Lucas; Peterson (Bill); Richter; Smidt; Volesky; Speaker Hagg

Nays were:
Belatti; Cerny; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Rost; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst

Excused were:
Brown (Jarvis); Putnam

Absent and Not Voting were:
Haley; Roe; Schaunaman

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

Rep. Cerny moved the previous question.

Which motion lost.

Rep. Cutler moved that HB 1138 be amended as follows:

On page 1 , line 8 of the House Transportation committee engrossed bill , delete " while holding or eligible to hold an instruction permit " .

Which motion prevailed and HB 1138 was so amended.

Rep. Schrempp moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1138 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 31, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Haley; Jorgensen; Koetzle; Konold; Kooistra; Lucas; Matthews; Monroe; Munson (Donald); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Van Gerpen; Volesky; Wick; Speaker Hagg

Nays were:
Brown (Jarvis); Cerny; de Hueck; Diedrich; Duenwald; Duxbury; Gleason; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koskan; Kredit; Lee; Lockner; Madden; McNenny; Moore; Napoli; Pederson (Gordon); Pummel; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Windhorst

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

Rep. Koskan announced his intention to reconsider the vote by which HB 1138 passed.

Speaker Pro tempore Hunt now presiding.

HB 1178 : FOR AN ACT ENTITLED, An Act to make persons who fail to develop certain erosion and sediment control plans ineligible for certain state financial assistance.

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

Rep. de Hueck moved that HB 1178 be amended as follows:

On the House Agriculture & Natural Resources committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 38-8A be amended by adding thereto a NEW SECTION to read as follows:

Any person found to have engaged in land disturbing activities pursuant to § 38-8A-20 who intentionally refuses or fails to comply with the action directed by the petitioned agency, may lose eligibility for financial assistance from any state agency or political subdivision of the state involved in natural resources. If a state agency denies financial assistance to any person pursuant to this section, such denial is appealable pursuant to chapter 1-26. "

Which motion prevailed and HB 1178 was so amended.

     The question being "Shall HB 1178 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 1, Absent and Not Voting 1

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

Nays were:
Apa; Brosz; Eccarius; Hassard; Kazmerzak; Konold

Excused were:
Cerny

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 1274 : FOR AN ACT ENTITLED, An Act to assess the costs of rescue against vehicle operators who fail to heed a notice of the temporary restriction or closing of a state trunk highway.

Was read the second time.

Rep. Diedrich moved that HB 1274 be amended as follows:

On page 1 , line 11 of the House State Affairs committee engrossed bill , delete " all " .

On page 1 , line 11 , after " costs " insert " , not to exceed ten thousand dollars " .

Which motion prevailed and HB 1274 was so amended.

     The question being "Shall HB 1274 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 15, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; 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; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kredit; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Sokolow; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Cerny; Collier; Davis; Hagen; Haley; Koetzle; Kooistra; Koskan; Lee; Lockner; Moore; Schrempp; Sperry; Waltman

Excused were:
Smidt

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

HJR 1009 : A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article IX of the Constitution of the State of South Dakota, relating to the organization of local government.

Was read the second time.

The question being "Shall HJR 1009 pass as amended?"

And the roll being called:

Yeas 57, Nays 12, Excused 0, Absent and Not Voting 1

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

Nays were:
Davis; Hagen; Haley; Hassard; Kazmerzak; Koetzle; Lockner; Moore; Schrempp; Sokolow; Waltman; Weber

Absent and Not Voting were:
Duxbury

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

HB 1231 : FOR AN ACT ENTITLED, An Act to revise the property tax levies for general funds of a school district.

Was read the second time.

     The question being "Shall HB 1231 pass?"

     And the roll being called:

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

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

Absent and Not Voting were:
Brown (Richard)

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 1261 : FOR AN ACT ENTITLED, An Act to provide for the promulgation of rules governing inspections of certain swine facilities.

Was read the second time.

Rep. Broderick moved that HB 1261 be deferred until Tuesday, February 18th, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 57 : FOR AN ACT ENTITLED, An Act to reduce the legal blood alcohol limits for motor vehicle drivers under twenty-one years of age.

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

SB 128 : FOR AN ACT ENTITLED, An Act to increase certain inheritance tax exemptions.

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

SB 182 : FOR AN ACT ENTITLED, An Act to modify the procedure for issuing a driver's license or nondriver identification card.

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

SB 184 : FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to motor vehicle titling and registration and to provide penalties for certain violations.

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

SB 209 : FOR AN ACT ENTITLED, An Act to specify certain circumstances that create a rebuttable presumption that awarding custody or granting visitation rights is not in the best interests of a child.

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

SB 217 : FOR AN ACT ENTITLED, An Act to revise the penalty for the crime of forgery.

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

SB 232 : FOR AN ACT ENTITLED, An Act to impose a fee on certain wireless communications devices to support telecommunications services for the deaf and for persons with other disabilities.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 157 : FOR AN ACT ENTITLED, An Act to revise the security required of an agent selling hunting and fishing licenses and snowmobile permits, to provide for fees and interest to be charged agents, and to limit the liability of county treasurers.

Was read the second time.

     The question being "Shall SB 157 pass?"

     And the roll being called:

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

     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; 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); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cerny; Peterson (Bill); Sokolow

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.

Speaker Hagg now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1107 and 1141 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1107: FOR AN ACT ENTITLED, An Act to establish a fee for mailing or expressing commercial license plates or stickers.

     HB 1141: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning those vehicles that are acceptable for sale by an auction agency.

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

     SB 33: FOR AN ACT ENTITLED, An Act to allow class B members of the South Dakota Retirement System to purchase certain public service as class B service.

     SB 34: FOR AN ACT ENTITLED, An Act to increase the retirement allowance for certain credited service under the South Dakota Retirement System.

    SB 35 : FOR AN ACT ENTITLED, An Act to remove South Dakota Retirement System additional survivor protection payments as deductions against lump-sum payments.

     SB 50: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept title to the swine test station facilities located on the campus of South Dakota State University.

     SB 56: FOR AN ACT ENTITLED, An Act to revise certain authority of the secretary of health to enter into mutual agreements regarding inspections of lodging and food services.

     SB 67: FOR AN ACT ENTITLED, An Act to transfer the authority to certify sign language interpreters to the Department of Human Services.

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

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1007 Introduced by: Representatives Barker, Brown (Richard), Davis, Fiegen, Koetzle, Peterson (Bill), Richter, Rost, Wick, and Windhorst and Senators Everist, Dunn (Rebecca), Hainje, Paisley, and Staggers

A LEGISLATIVE COMMEMORATION, Honoring Jeremy Sonnenfeld, a native of Sioux Falls, South Dakota, who bowled a first ever officially sanctioned perfect series of 900.

WHEREAS, Mr. Jeremy Sonnenfeld has demonstrated superior bowling skills at the University of Nebraska as the number one bowler on the number one intercollegiate team; and

WHEREAS, Jeremy has competed internationally in Australia and Hong Kong and has achieved international recognition for his accomplishments; and

WHEREAS, Jeremy has successfully competed in tournaments throughout the nation:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that Mr. Jeremy Sonnenfeld be recognized for his outstanding athletic achievements.

Rep. Rost moved that the House do now adjourn, which motion prevailed, and at 5:10 p.m. the House adjourned.

KAREN GERDES, Chief Clerk