JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 19, 1997

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

     The prayer was offered by the Chaplain, Rep. Van Gerpen, followed by the Pledge of Allegiance led by House page Heidi Reetz.

     Roll Call: All members present except Rep. Jaspers 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-sixth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.
Respectfully submitted,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1019, 1042, 1064, 1072, and 1073, 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 Local Government respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:
    
t-1215b
     On the printed bill, delete everything after the enacting clause and insert:

"      Section  1.  That chapter 7-18A be amended by adding thereto a NEW SECTION to read as follows:

     Any special exception made by a board of adjustment or planning and zoning commission pursuant to §  11-2-25.1 may be appealed by an aggrieved party to the action to the board of county commissioners for final resolution. This section does not apply if a board of county commissioners acts as the planning commission or board of adjustment.

     Section  2.  That chapter 7-18A be amended by adding thereto a NEW SECTION to read as follows:

     Any person aggrieved by a final decision of a board of county commissioners, as provided in section 1 of this Act, may appeal to circuit court pursuant to §  7-8-27. "
    
t-1215t
     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for the appeal and resolution of certain zoning decisions. "

     And that as so amended said bill do pass.

Respectfully submitted,
Kay Jorgensen, Chair
Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill be amended as follows:
    
Z-1044
     On page 1 , line 5 of the printed bill , delete " and one hundred fifty " .

     On page 1 , line 6 , delete " thousand dollars ($150,000) of federal expenditure authority " .

     On page 1 , line 9 , after " 13-55A " insert " , and one hundred fifty thousand dollars ($150,000) of federal expenditure authority, or so much thereof as may be necessary, to the Department of Education and Cultural Affairs to provide state student incentive grants to qualified students in accredited post-secondary institutions in South Dakota pursuant to chapter 13-55A " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:
    
z-1081
     On page 1 , line 3 of the printed bill , delete " general " and insert " private activity bond fees " .

     On page 1 , line 4 , delete " ninety-four thousand, six hundred thirty-three dollars ($294,633) " and insert " thousand dollars ($200,000) " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1247 which was tabled.


Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1040 which was deferred to the 41st legislative day.


Respectfully submitted,
J.E. “Jim” Putnam, Chair
Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 64 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 Health and Human Services respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:
    
q-77d

     On page 2 , line 12 of the Senate Health and Human Services committee engrossed bill , after " fee " insert " , which may not be greater than that assessed resident pharmacies " .

     On page 2 , delete lines 22 to 24 , inclusive , and insert:

"     Section 5. The board may deny, revoke, or suspend a nonresident pharmacy registration for conduct which causes serious bodily injury or serious psychological injury to a resident of this state if the board has referred the matter to the regulatory or licensing agency in the state in which the nonresident pharmacy is located and the regulatory or licensing agency fails to initiate an investigation within forty-five days after the referral. Any action taken to deny, revoke, or suspend a nonresident pharmacy registration is a contested case proceeding pursuant to chapter 1-26. "


     On page 3 , delete lines 1 and 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 160 and 57 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has reconsidered HB 1273 and returns the same with the recommendation that said bill be amended as follows:
    
j-1273d
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 32-33 be amended by adding thereto a NEW SECTION to read as follows:

    An agent or employee of the Department of Transportation authorized by the secretary of transportation may, after receiving appropriate training, act in the capacity of a law enforcement officer within the state for the sole purpose of enforcing speed limits in areas of highway construction as authorized by § 32-25-19.1. Any authorized agent or employee may stop and issue a citation on a form promulgated pursuant to § 23-1A-2 to the driver of any vehicle for a speeding violation in a highway work area which occurred in the presence of the agent or employee. The agent or employee is not considered a law enforcement officer for the purposes of § 23-3-27. "


     And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1216 which was tabled.

Respectfully submitted,
Richard "Dick" Brown, Chair


Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1104 which was deferred to the 41st legislative day.


Respectfully submitted,
Dan Matthews, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 122, 54, and 86 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 88 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 SB 99 and returns the same with the recommendation that said bill be amended as follows:
    
r-99e

     On page 1 of the Senate engrossed bill , delete lines 12 to 16 , inclusive , and insert:

"

             (2)    Has abandoned his or her child for a period of one year the child for six months or more immediately prior to the filing of the petition;

             (3)    Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection;

             (4)    Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court; "

     On page 2, delete line 1.

     On page 2 , line 2 , overstrike " (3) " and insert " (5) " .


     On page 2 , line 6 , overstrike "(4)" and insert " (6) ".

     On page 2 , line 8 , overstrike " (5) " and insert " (7) " .
    
r-99d

     On page 2 , line 4 of the Senate engrossed bill , delete " , or by reason of behavior that, in the opinion of the court, would be " .

     On page 2 , line 5 , delete " seriously detrimental to the health, morals, or welfare of the child " .
    
r-99c

     In the previously adopted amendment, r-99e, delete " six months " and insert " one year " .

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Chair
Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1222 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 1227 and returns the same with the recommendation that said bill be amended as follows:
    
o-1227
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    It is the intent of the Legislature that South Dakota have a telecommunications infrastructure that meets the advanced communication needs of the state's individual citizens and its communities of interest, including our schools, medical facilities, businesses, and all levels of government. To achieve this intent, three new networks, accessible by all South Dakotans, will be established: a narrowband network, a wideband network, and a broadband network. Together, these three networks will form South Dakota's new advanced Public Communications Network Infrastructure. This infrastructure will enable any-to-any voice, data, videoconferencing, graphics, imaging, and multimedia communications. These three networks will fully support the following capability requirements: ubiquitous, feature rich, standard, secure, private, survivable, robust, addressable, switched, symmetric, affordable, and available. Communications services will be reasonably and affordably priced to promote the growth and usage of each of these three new networks, leveraging the power of technology to provide ever- increasing bandwidths at ever-diminishing cost of facilities. Classes of service will be created for network services in order to establish a new service-based and value-based pricing model. The new narrowband, wideband, and broadband communications networks will be established in a manner ensuring that all the citizens of South Dakota realize the advantages of the forthcoming information age, including economic development, educational opportunities, a heightened level of medical care, and better, more efficient service from all levels of government.

     Section 2. That § 49-31-1 be amended to read as follows:

     49-31-1.   Terms used in this chapter mean:

             (1)    "Addressable," enabling users to connect and communicate with a specific party easily and securely on a dial-up, addressable basis;

             (2)    "Affordable," reasonably priced to promote the growth and usage of the network, leveraging economies of scale and the power of technology to provide ever- increasing bandwidths at ever-diminishing cost of facilities;

             (3)    "ASC," Applications Service Center, a service platform owned by network providers or non-network providers, or both, which delivers communications features and services to customers, including database access, protocol conversion, rate adaption, and bridging;
             (4)    "ATM," Asynchronous Transmission Mode, a broadband switching standard defined by CCITT and the ATM Forum standard setting groups;

             (5)    "Available," ensuring that network services are available if the user requires them, even at times of peak usage; designed to be a non-blocking network, minimizing network contention;

             (6)    "B ISDN," Broadband ISDN, a networking standard set by ATM Forum and CCITT's international standards;

             (7)    "Broadband network," the broadband network extends the range of fully switched, symmetric, addressable, robust transport services over the fiber network, utilizing SONET rates which increase in multiples of OC-1 (51.84 Mbps), including OC-3 (155.52 Mbps) and OC-12 (622.08 Mbps). The broadband network will use one or more of the following switching technologies; ATM, STM, and channel switching, which will support the broadband ISDN UNI/NNI and SONET interfaces as defined by the ATM Forum, ANSI, and ITU-CCITT standards groups;

             (8)    "Business community of interest," for the purposes of the deployment goals of this Act, the business COI shall include all incorporated municipalities in South Dakota;

             (1) (9)     "Centron and centron-like services," services which provide custom switching features which include distributive dial tone, select number screening, toll restriction and screening, nonattendant busy out, nonattend and call transfer, and select trunk hunting and screening;

             (10)    "Class of service," one of potentially several categories into which a service is broken, reflecting its use and value to end users and allowing more specific service- based and value-based pricing by classification of service;

             (2) (11) "Commission," the public utilities commission;

             (3) (12) "Common carrier," anyone who offers telecommunications services to the public;

             (13)    "Communities of interest (COI)," major market sectors formed by a grouping of communication users based upon their inter-communication needs and their pattern of movement and manipulation of voice, data, and video information. COIs may cross industry boundaries, and they include the medical COI, education COI, business COI, and government COI;

             (14)    "Education community of interest," for the purposes of the deployment goals of this Act, the education COI shall include all public and private elementary and secondary schools, all universities and other post-secondary institutions, and all RDTN sites in South Dakota;

             (15)    "Feature rich," providing the specific features and functionality required by users' voice, data, video, graphics, imaging, and multimedia applications; functionally beyond mere transport;

             (16)    "Government community of interest," for the purposes of the deployment goals of this Act, the government COI shall include all county seats;

             (17)    "ISDN, nISDN, wISDN," Integrated Services Digital Network, narrowband ISDN, wideband ISDN, an end-to-end fully digital network, supporting the standard user interfaces of BRI (Basic Rate Interface), PRI (Primary Rate Interface), H0 (384 Kbps), and H11 (1.536 Mbps), as defined by CCITT's international standards for ISDN. The CCITT is part of the International Telecom Union (ITU);

             (4) (18) "LATA," a local access and transport area;

             (5) (19) "Local exchange service," the access and transmission of two-way switched voice communications within a geographic territorial unit established by a telecommunications company for the administration of telecommunications services;

             (20)    "Medical community of interest," for the purposes of the deployment goals of this Act, the medical COI shall include all: Essential Access Community Hospitals (EACH), Rural Primary Care Hospitals (RPCH), and major hospitals with more than fifty beds;

             (21)    "Narrowband network," a fully switched digital network covering the transport range from 0 to 144,000 bits per second (144 Kbps), offering two 64 Kbps information B (Bearer) channels and a 16 Kbps signaling D (Delta) channel such that the two 64 Kbps channels can be coalesced to achieve 128 Kbps information transport using ISDN BRI international ITU-CCITT standards providing both B channels circuit and B channel packet switching capabilities;

             (6) (22) "New products and services," any new product or service introduced after July 1, 1988, which is not functionally required to provide local exchange service. Repackaging of any product or service which is fully competitive with any service regulated as emerging competitive or noncompetitive is not considered a new product or service;

             (23)    "NNI," Network nodal interface, a standard broadband interface as defined by CCITT and the ATM Forum standard setting groups;

             (7) (24) "Optional service," a limited or discretionary service offered by a telecommunications company which is not functionally required for the provision of noncompetitive services and which the customer has the option to purchase;

             (25)    "Private," ensuring confidentiality and integrity of network transport of messages without dependency on specialized customer premise security devices;

             (8) (26) "Rate of return regulation," the procedure used by the commission to approve the charge for a service which gives due consideration to the public need for adequate, efficient and reasonable service and to the need of the public utility for revenues sufficient to enable it to meet its total current cost of furnishing such service, including taxes and interest, and including adequate provision for depreciation of its

utility property used and necessary in rendering service to the public, and to earn a fair and reasonable return upon the value of its property;

             (27)    "Robust," easily and economically sustaining the rigors of growth and extensive public use;

             (28)    "Secure," physically precluding unwanted access to network and information;

             (29)    "SONET," Synchronous Optical Network, an optical interface standard set by the ANSI and CCITT standard setting groups;

             (30)    "Standard," supporting universal interfaces and networking standards and protocols of generally accepted standards setting bodies;

             (31)    "STM," Synchronous Transfer Mode, a broadband switching technology;

             (32)    "Survivable," ability to maintain service while enduring natural events and human actions hostile to the network;

             (33)    "Switched," providing circuit, packet, or channel type switching, each suited to specific application requirements;

             (34)    "Symmetric," establishing two-way communication with equal bandwidth both ways;
             (9) (35) "Telecommunications company," any person, trustee, lessee or receiver owning, operating, managing or controlling in whole or in part, any telecommunications line, system or exchange in this state, directly or indirectly, for public use. All telecommunications companies are common carriers;

             (10) (36)"Telecommunications service," the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves, electromagnetic means or other similar means. It does not include the provision of terminal equipment used to originate or terminate such service, broadcast transmissions by radio, television and satellite stations regulated by the federal communications commission and one-way cable television service; and

             (37)    "Ubiquitous," universally accessible, available across South Dakota;

             (38)    "UNI," User network interface, a standard broadband interface as defined by CCITT and the ATM Forum standard setting groups;

             (11) (39) "Universal service," a service which is, as far as possible, a rapid, efficient telecommunications service with adequate facilities available to all the people of South Dakota at a reasonable charge ; and

             (40)    "Wideband network," the wideband network extends the range of fully switched, digital, addressable information transport from the BRI rate of 144 Kbps to the DS3 rate of 44.736 Mbps, including the DS1 and DS2 rates of 1.544 Mbps and 6.312

Mbps, respectively. The wideband network physically encompasses two transport mediums; it utilizes the expanded capabilities of the copper wire telephone network, as well as fiber optic networking facilities. The wideband network includes new local fiber facilities and rings utilizing the virtual tributary sub-SONET rates access switches to provide direct local public network access close to the customer supporting a variety of network switching technologies and interfaces, including one or more of the following: (a) Fractional ISDN-NX 64 Kbps & NX BRI: ranging from 128 Kbps to 45 Mbps, (b) Wideband ISDN: Primary Rate ISDN (PRI) @ 23B (64 Kbps) + D (64 Kbps) H0, H11 .

     Section  3.  That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    South Dakota's Public Communications Network Infrastructure shall be composed of three networks: a narrowband network, a wideband network, and a broadband network.

    Section 4. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    
    The narrowband network is fully switched, digital network covering the transport range from 0 to 144,000 bits per second (144 Kbps), offering two 64 Kbps information B (Bearer) channels and a 16 Kbps signaling D (Delta) channel such that the two channels can be coalesced to achieve 128 Kbps information transport using ISDN international ITU-CCITT standards providing both B channel circuit and B channel packet switching capabilities.

     Section 5. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    To encourage usage of the narrowband network, fully digital and switched transport at narrowband's 64/128 Kbps rates shall be reasonably and affordably priced. Data traffic shall be encouraged to use the narrowband network, which shall be designed with the specific feature and traffic handling capabilities to handle ever-increasing loads of data and video users.

     Section 6. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    If commercially available, the narrowband network shall utilize an ISDN address scheme, including standard interfaces, to support private-to-public-to-private inter-networking. The narrowband network shall establish any-to-any connectivity for data and videoconferencing communications on a dial-up basis. It shall be allowed to overlay the existing voice telephone network, supporting data and video conferencing traffic and shall become fully integrated with the existing voice network. The narrowband network shall utilize a base-satellite fully digital architecture, where stand-alone remote switches located in smaller communities will home-in on larger host switches. This architecture shall allow local switching within a community for emergency services in the event that the link to the host is cut.

     Section 7. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:


    The deployment goal for the narrowband network is to achieve ubiquitous deployment across South Dakota within five years, with significant results achieved within two years where seventy-five percent of each of the four strategic communities of interest (education COI, medical COI, business COI, and government COI) are provided access to the narrowband network.

     Section 8. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    
    The wideband network shall physically encompass at least two transport mediums. It shall utilize the capabilities of the copper wire telephone network, as well as fiber optic facilities and rings. The wideband network shall extend the range of fully digital and switched, fully addressable information transport from 144 Kbps to 44.736 Mbps, including the DS1 and DS2 rates of 1.544 Mbps and 6.312 Mbps. Wideband users shall be provided access to multiples of the 64 Kbps channels up to the 44.736 Mbps rate over a fully interactive, switched, symmetric- two way, fully addressable, robust, secure, survivable transport network. The wideband network includes local fiber facilities and ring type architectures at up to DS3 (44.736 Mbps), utilizing the virtual tributary sub-SONET rates. This architecture shall provide robust, diverse routing in the local loop. Class level switching nodes shall be located close to the customer, to extend the class level hierarchy. The wideband access switches will provide direct local public network access, supporting a variety of network switching technologies and interfaces, facilitating public-to-private inter-networking including one of more of the following:

             (1)    Fractional ISDN - N X 64 Kbps and N X BRI: ranging from 128 Kbps to 44.736 Mbps;

             (2)    Wideband ISDN: Primary Rate ISDN (PRI) @ 23B (64 Kbps) + D (64 Kbps), H0 H11.

     Section 9. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:
    
    The wideband fully switched, addressable, supportable, growable, integrated network architecture shall support the open access requirements of the federal Telecommunications Act of 1996. It shall allow alternative resellers to provide transport to customers via these new local fiber rings, while isolating and isolate their activities from the critical class 5 switch functions. Users and emerging ISPs (Information Service Providers), and ESPs (Enhanced Service Providers) shall be able to either access or bypass the public network's higher level class 5 and broadband's future super 5 switches offerings when communicating locally or regionally with an ASC (Applications Service Center), or globally via an IXC's (Inter Exchange Carrier's), ATP's (Alternative Transport Provider's), CAP's (Competitive Access Provider's) POP (Point of Presence).

     Section 10. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    
    The broadband network shall extend the range of fully switched, symmetric, addressable, robust transport services over the fiber network, utilizing SONET rates which increase in

multiples of OC-1 (51.84 Mbps) including OC-3 (155.52 Mbps) and OC-12 (622.08 Mbps), while using the broadband ISDN UNI/NNI & SONET interfaces. ATM, STM, or channel switching shall be provided with advanced operational support systems that use expanding network management capabilities to ensure the ongoing support of the network infrastructure when commercially available. This protects the citizens of South Dakota from disrupted or failed communications because of increased traffic loads.

     Section 11. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    It is the intent of the Legislature, that:

             (1)    The Public Communications Network Infrastructure will grow and enhance with expanding user needs and advancements in technologies' bandwidth and feature capabilities;

             (2)    The three networks (narrowband, wideband, and broadband) will transport information in fully switched, secure, survivable communications;

             (3)    This layered network hierarchy, based upon a fully integrated SONET backbone of interconnected switched survivable rings, will carry independent and fully integrated voice, data, and video communications; and

             (4)    The network architecture will enable access and interconnection points for public-to- public, public-to-private, and wireline-to-wireless inter-networking.

     Section 12. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    It is the intent of the Legislature that all of the future rules, policies, actions, and decisions of the State of South Dakota and all its political subdivisions, and the actions and decisions of its offices and employees, shall be made consistent with and further the purposes and directives of this Act. "

    
o-1227t

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " establish the policy that will guide and direct the creation of a new advanced telecommunication infrastructure across South Dakota. "

     On page 1 , delete lines 2 and 3 .

     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 1243 and returns the same with the recommendation that said bill be amended as follows:

o-1243b
     On page 1 of the printed bill , delete lines 9 to 11 , inclusive , and insert:

" (3)    "Mobile service," as defined pursuant to 47 USC § 153; "


     On page 2 , line 3 , delete " which is required to have a certificate of authority pursuant to chapter 49- " .

     On page 2 , line 4 , delete " 31 " .

     On page 2 , line 9 , delete " radio, television, and satellite " and insert "radio and television".

     On page 2 , line 10 , delete " and one-way cable television service " .

     On page 2 , line 11, after "includes" insert "satellite and one-way cable television services,".

     On page 2 , line 11 , delete " including " and insert " , " .

     On page 2 , line 11 , delete " telephone service " and insert " services " .

     On page 2 , line 12 , delete " personal communications services, " .

     On page 3 , delete lines 7 to 9 , inclusive .

     On page 4 , delete lines 1 and 2.

     On page 5 , line 9 , after " as " insert " a " .

     On page 6 , line 4 , delete "18" and insert "16".

     On page 7 , line 4 , delete " 21 " and insert " 19 " .

     On page 8 , line 5 , delete " 24 " and insert " 22 " .

     On page 9 , between lines 4 and 5 , insert:

     "Section 26A. That § 10-33-17 be amended to read as follows:

     10-33-17.   All telephone property so assessed by the Department of Revenue shall be taxed
in the following manner:

                   (1)      Property within corporate limits shall be subject to all taxes that taxation in the same manner as is all other property within the same corporate limits is subject to for the current year;
                   (2)      Property without corporate limits shall be subject to a rate of taxation which shall be equal to the average rate of taxation borne by other property outside the corporate limits for the current year, which rate shall be the average rate of all state, county, school, municipal, road, bridge, and other local taxes on other property, which tax so levied and extended shall be in lieu of all other taxes jurisdiction is subject to taxation .

     On page 10 , line 5 , delete " personal " and insert " mobile service " .

     On page 10 , line 6 , delete " communications and cellular " .

     On page 10 , after line 24 , insert:

"      Section 32. That chapter 10-33 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this chapter only, the term, telephone company, means any company selling telecommunication services including satellite and one-way cable television services, radio common carrier services, mobile services, and radio paging. "

     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 1256 which was 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 1117 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1084 which has been amended by the Senate and your concurrence is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 108, 191, 208, 216, 228, 236, 244, 259, 262, and 264 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Yesterday, Rep. Cutler announced his intention to reconsider the vote by which HB 1199 was passed.

     Rep. Cutler moved to reconsider the vote by which HB 1199 was passed.

    The question being on Rep. Cutler's motion to reconsider the vote by which HB 1199 was passed.

    And the roll being called:

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

     Yeas were:
Apa; 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; 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

     Excused were:
Jaspers

     Absent and Not Voting were:
Barker

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1199 was up for reconsideration.

     HB 1199   :   FOR AN ACT ENTITLED, An Act   to prohibit the location of certain livestock feeding operations over shallow aquifers.


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

j-1199


     Rep. Cutler moved that HB 1199 be amended as follows:

     On page 550 of the House Journal , delete lines 6 to 9 , inclusive .

     Which motion prevailed and HB 1199 was so amended.

     The question being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 6, Excused 1, Absent and Not Voting 0

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

     Nays were:
Fiegen; Hassard; Madden; McNenny; Napoli; Wetz

     Excused were:
Jaspers

     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.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Agriculture & Natural Resources on HB 1229 as found on page 526 of the House Journal; also

     Appropriations on HB 1253 as found on page 527 of the House Journal; also
     Taxation on HB 1271 as found on page 528 of the House Journal; also

     Taxation on HB 1279 as found on page 528 of the House Journal; also

     Taxation on HB 1258 as found on page 529 of the House Journal; also

     Commerce on HB 1242 as found on page 553 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Hunt moved that the word "not" be stricken from the report of the Committee on Education on HB 1152 and that HB 1152 be placed on tomorrow's calendar, the 28th legislative day.

    Rep. Brooks rose to a point of order that Rep. Richard Brown was not speaking to the question.

    The Speaker asked that the comments be limited to the motion to place on the calendar.

     The question being on Rep. Hunt's motion that the word "not" be stricken from the report of the Committee on Education on HB 1152 and that HB 1152 be placed on tomorrow's calendar, the 28th legislative day.

     And the roll being called:

     Yeas 42, Nays 27, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Cerny; Crisp; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Fiegen; Fitzgerald; Hassard; Hunt; Johnson (Doug); Koetzle; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Brosz; Brown (Richard); Chicoine; Collier; Cutler; Davis; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Konold; Lee; Lockner; Lucas; Munson (Donald); Peterson (Bill); Richter; Schaunaman; Sokolow; Sperry

     Excused were:
Jaspers

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1152 was so placed.

     Rep. Derby moved that the word "not" be stricken from the report of the Committee on Taxation on HB 1258 and that HB 1258 be placed on tomorrow's calendar, the 28th legislative day.

     The question being on Rep. Derby's motion that the word "not" be stricken from the report of the Committee on Taxation on HB 1258 and that HB 1258 be placed on tomorrow's calendar, the 28th legislative day.

     And the roll being called:

     Yeas 33, Nays 36, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Brosz; Brown (Richard); Chicoine; Collier; Davis; de Hueck; Derby; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Haley; Hassard; Hunt; Konold; Lockner; Lucas; Matthews; Munson (Donald); Napoli; Peterson (Bill); Pummel; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Speaker Hagg

     Nays were:
Broderick; Brooks; Brown (Jarvis); Cerny; Crisp; Cutler; DeMersseman; Diedrich; Duenwald; Eccarius; Fiegen; Gabriel; Gleason; Hagen; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Madden; McNenny; Monroe; Moore; Pederson (Gordon); Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Wetz; Wick; Windhorst

     Excused were:
Jaspers

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Moore requested that SB 163 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 141   :   FOR AN ACT ENTITLED, An Act   to revise the recall provisions for elected municipal officials.

     Was read the second time.

     The question being "Shall SB 141 pass?"

     And the roll being called:


     Yeas 66, Nays 3, 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; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Hagen; Volesky; Windhorst

     Excused were:
Jaspers

     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. Wetz requested that SB 190 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1158   :   FOR AN ACT ENTITLED, An Act   to prohibit certain hog farming operations that have committed environmental or other violations from operating in South Dakota.

     Was read the second time.

t-1158c

     Rep. de Hueck moved that HB 1158 be amended as follows:

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

"      Section 1. That § 1-40-27 be amended to read as follows:

     1-40-27.   The secretary may reject an application for any permit filed pursuant to
Titles 34A or 45, including any application by any concentrated swine feeding operation for authorization to operate under a general permit, upon making a specific finding that:

                   (1)      The applicant is unsuited or unqualified to perform the obligations of a permit holder based upon a finding that the applicant, any officer, director, partner or resident general manager of the facility for which application has been made:

                           (a)      Has intentionally misrepresented a material fact in applying for a permit;

                           (b)      Has been convicted of a felony or other crime involving moral turpitude;

                           (c)      Has habitually and intentionally violated environmental laws of any state or the United States which have caused significant and material environmental damage;

                           (d)      Has had any permit revoked under the environmental laws of any state or the United States; or

                           (e)      Has otherwise demonstrated through clear and convincing evidence of previous actions that the applicant lacks the necessary good character and competency to reliably carry out the obligations imposed by law upon the permit holder; or

                   (2)      The application substantially duplicates an application by the same applicant denied within the past five years which denial has not been reversed by a court of competent jurisdiction. Nothing in this subdivision may be construed to prohibit an applicant from submitting a new application for a permit previously denied, if the new application represents a good faith attempt by the applicant to correct the deficiencies that served as the basis for the denial in the original application.

    All applications filed pursuant to Titles 34A and 45 shall include a certification, sworn to under oath and signed by the applicant, that he is not disqualified by reason of this section from obtaining a permit. In the absence of evidence to the contrary, that certification shall constitute a prima facie showing of the suitability and qualification of the applicant. If at any point in the application review, recommendation or hearing process, the secretary finds the applicant has intentionally made any material misrepresentation of fact in regard to this certification, consideration of the application may be suspended and the application may be rejected as provided for under this section.

    Applications rejected pursuant to this section constitute final agency action upon that application and may be appealed to circuit court as provided for under chapter 1-26. "



     Which motion prevailed and HB 1158 was so amended.

     The question being "Shall HB 1158 pass as amended?"

     And the roll being called:


     Yeas 65, Nays 2, Excused 3, 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; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Fiegen; Lee

     Excused were:
Brosz; Jaspers; Putnam

     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 1272   :   FOR AN ACT ENTITLED, An Act   to provide a civil cause of action for barratry and to institute a procedure for the assertion of a claim of barratry.

     Was read the second time.

r-1272

     Rep. de Hueck moved that HB 1272 be amended as follows:

     On page 1 , line 5 of the printed bill , delete " or an administrative proceeding under chapter 1-26 " .

     On page 1 , line 6 , delete " or " .

     On page 1 , line 7 , delete " administrative proceeding " .

     On page 1 , line 9 , delete " or administrative proceeding " .

     Which motion prevailed and HB 1272 was so amended.

     The question being "Shall HB 1272 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 17, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Hagen; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Smidt; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Chicoine; Collier; Davis; de Hueck; Fischer-Clemens; Gleason; Haley; Koetzle; Lee; Lockner; Lucas; Moore; Schrempp; Sokolow; Sperry; Waltman

     Excused were:
Jaspers; Putnam

     Absent and Not Voting were:
Roe

     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 1045   :   FOR AN ACT ENTITLED, An Act   to make an appropriation for the Mickelson Scholars Program.

     Was read the second time.

     The question being "Shall HB 1045 pass?"

     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; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Crisp; Fiegen; Hassard; Matthews; Napoli; Van Gerpen

     Excused were:
Jaspers; Putnam

     Absent and Not Voting were:
Weber

     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 1146   :   FOR AN ACT ENTITLED, An Act   to make an appropriation for the support of the Northern Crops Institute.

     Was read the second time.

d-1146

     Rep. Richter moved that HB 1146 be amended as follows:

     On page 1 , line 4 of the printed bill , delete everything after " appropriated " and insert " out of any funds held by the soybean research and promotion council the sum of twelve thousand five hundred dollars ($12,500) and out of any funds held by the corn utilization council the sum of twelve thousand five hundred dollars ($12,500) " .

     On page 1 , line 5 , delete " thousand dollars ($25,000) " .

     Which motion lost.

     The question being "Shall HB 1146 pass?"

     And the roll being called:

     Yeas 59, Nays 9, 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; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz

     Nays were:
Fiegen; Matthews; Moore; Napoli; Richter; Rost; Wick; Windhorst; Speaker Hagg

     Excused were:
Jaspers; Putnam

     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 1263   :   FOR AN ACT ENTITLED, An Act   to make an appropriation for a donation for the Women In Military Service For America Memorial.

     Was read the second time.

     The question being "Shall HB 1263 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; 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; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

     Nays were:
Duenwald; Hassard; Koskan; Rost; Wick; Windhorst

     Excused were:
Jaspers

     Absent and Not Voting were:
Crisp

     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 1196   :   FOR AN ACT ENTITLED, An Act   to revise the mileage requirements for the reimbursement of certain school transportation costs.

     Was read the second time.


o-1196

     Rep. Koskan moved that HB 1196 be amended as follows:

     On page 1 , line 11 of the House Education committee engrossed bill , delete " five " and insert " ten " .

     On page 1 , line 14 , delete " five " and insert " ten " .

     On page 2 , line 3 , delete " five " and insert " ten " .

     On page 2 , line 13 , delete " five " and insert " ten " .

    A roll call vote was requested and supported.

     The question being on Rep. Koskan's motion that HB 1196 be amended.

     And the roll being called:

     Yeas 17, Nays 50, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; DeMersseman; Duenwald; Fitzgerald; Hunt; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Monroe; Napoli; Pederson (Gordon); Smidt; Wetz; Wick; Windhorst

     Nays were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Speaker Hagg

     Excused were:
Hassard; Jaspers

     Absent and Not Voting were:
Volesky

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

     The question being "Shall HB 1196 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Cutler; Kazmerzak; Madden; Matthews; McNenny; Moore; Schaunaman; Van Gerpen; Weber

     Excused were:
Jaspers

     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 1183   :   FOR AN ACT ENTITLED, An Act   to revise the penalties for false reporting of a bomb and to provide for civil liability.

     Was read the second time.

     The question being "Shall HB 1183 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 11, Excused 3, Absent and Not Voting 0

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

     Nays were:
Collier; de Hueck; Diedrich; Duenwald; Koskan; Kredit; McNenny; Monroe; Munson (Donald); Rost; Weber

     Excused were:
Haley; Jaspers; 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.

     HB 1267   :   FOR AN ACT ENTITLED, An Act   to require the convicted offenders pay restitution to victims.

     Was read the second time.

     The question being "Shall HB 1267 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 2, Excused 4, Absent and Not Voting 3

     Yeas were:
Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; 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:
Davis; Lockner

     Excused were:
Belatti; Haley; Jaspers; Koetzle

     Absent and Not Voting were:
Apa; Barker; Kooistra

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

     The question being on the title.

     Rep. de Hueck moved that the title to HB 1267 be amended as follows:

r-1267t
     On page 1 , line 1 of the House Judiciary committee engrossed bill , delete " require the convicted offenders pay " and insert " revise certain provisions concerning " .


     Which motion prevailed and the title was so amended.

    Speaker Pro tempore Hunt now presiding.

     HB 1264   :   FOR AN ACT ENTITLED, An Act   to expand the vehicles that an auction agency may sell.

     Was read the second time.

     The question being "Shall HB 1264 pass?"

     And the roll being called:

     Yeas 59, Nays 4, Excused 3, Absent and Not Voting 4

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

     Nays were:
Fiegen; Moore; Van Gerpen; Volesky

     Excused were:
Haley; Jaspers; Koetzle

     Absent and Not Voting were:
Barker; Collier; Lockner; Pederson (Gordon)

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

     HB 1224   :   FOR AN ACT ENTITLED, An Act   to revise the tax refund provisions for agricultural facilities and to declare an emergency.

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

     The question being on Rep. Napoli's pending amendment to HB 1224 as found on page 548 of the House Journal.

f-1224b


     Rep. Napoli moved as a substitute motion that HB 1224 be amended as follows:

     On page 1 , line 7 of the House Taxation committee engrossed bill , delete " agricultural processing " .

     On page 1 , line 10 , delete " agricultural processing " .

     On page 1 , line 12 , delete " the initial or " and insert " any business engaged primarily in manufacturing or assembly of goods, the wholesale distribution of products for resale, and the processing of raw materials including " .

     On page 1 , line 13 , delete " subsequent processing of " .

     On page 1 , line 14 , delete " agricultural processing " .

     On page 2 , line 2 , delete " agricultural processing " .

     On page 2 , line 6 , delete " agricultural " .

     On page 2 , line 7 , delete " processing " .

     On page 2 , line 15 , delete " agricultural processing " .

     On page 2 , line 17 , delete " agricultural processing " .

    A roll call vote was requested and supported.

     The question being on Rep. Napoli's substitute motion that HB 1224 be amended.

     And the roll being called:

     Yeas 28, Nays 41, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brosz; Brown (Richard); Chicoine; Collier; Davis; Derby; Eccarius; Fiegen; Fischer-Clemens; Hagen; Haley; Hassard; Hunt; Koetzle; Kooistra; Kredit; Lockner; Madden; Monroe; Moore; Napoli; Pummel; Schaunaman; Windhorst; Speaker Hagg

     Nays were:
Belatti; Brooks; Brown (Jarvis); Cerny; Crisp; Cutler; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Fitzgerald; Gabriel; Gleason; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Lee; Lucas; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

     Excused were:
Jaspers

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

    The question now being on Rep. Napoli's previous pending amendment to HB 1224.

    Which motion lost.

     The question being "Shall HB 1224 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, Absent and Not Voting 0

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

     Excused were:
Jaspers

     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 1180   :   FOR AN ACT ENTITLED, An Act   to clarify taxing authority for political subdivisions.

     Was read the second time.

o-1180a


     Rep. Gabriel moved that HB 1180 be amended as follows:

     On page 1 of the House State Affairs committee engrossed bill , delete lines 9 to 14 , inclusive .


     Which motion prevailed and HB 1180 was so amended.

     The question being "Shall HB 1180 pass as amended?"

     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; 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; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Roe

     Excused were:
Jaspers

     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 1275   :   FOR AN ACT ENTITLED, An Act   to provide for certain provisions relating to the sale of state-owned land.

     Was read the second time.

     The question being "Shall HB 1275 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 47, Excused 1, Absent and Not Voting 0

     Yeas were:
Brooks; Brosz; Brown (Jarvis); Crisp; Cutler; DeMersseman; Duenwald; Duniphan; Fiegen; Fitzgerald; Gabriel; Hassard; Johnson (Doug); Jorgensen; Koskan; Kredit; Matthews; Monroe; Pederson (Gordon); Smidt; Wetz; Wick

     Nays were:
Apa; Barker; Belatti; Broderick; Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; Derby; Diedrich; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Madden; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

     Excused were:
Jaspers

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

    Speaker Hagg now presiding.


     HB 1277   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for registered engineers, architects, and land surveyors approving certain building projects.

     Was read the second time.
    

r-1277b

     Rep. de Hueck moved that HB 1277 be amended as follows:

     On page 5 of the House State Affairs committee engrossed bill , delete lines 8 to 14 , inclusive , and insert:

"      Section 3. That § 5-18-15 be amended to read as follows:

     5-18-15.   No person, firm, or corporation may act as architect or engineer and also contractor on any public work in this state where the amount to be expended upon such public work exceeds fifteen hundred twenty-five thousand dollars. Public works of an emergency nature which affect the public health and safety of the state and are funded through the use of an emergency appropriation or special appropriation, and full-service firms which specialize in the design, fabrication, and installation of cultural and educational exhibits are exempt from this section. "


    A roll call vote was requested and supported.

     The question being on Rep. de Hueck's motion that HB 1277 be amended.

     And the roll being called:
     Yeas 51, Nays 15, Excused 1, Absent and Not Voting 3

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gleason; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Madden; Matthews; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Speaker Hagg

     Nays were:
Brown (Jarvis); Davis; Duenwald; Gabriel; Haley; Hassard; Johnson (Doug); Lee; Lockner; Lucas; McNenny; Napoli; Van Gerpen; Wick; Windhorst

     Excused were:
Jaspers

     Absent and Not Voting were:
Duniphan; Hagen; Kredit

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1277 was so amended.

     The question now being "Shall HB 1277 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 1, Absent and Not Voting 2

     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; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Monroe; Moore; Roe

     Excused were:
Jaspers

     Absent and Not Voting were:
Hagen; Kredit


     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 1071   :   FOR AN ACT ENTITLED, An Act   to require that certain juveniles register with the sex offender registry, to provide for the removal of certain persons from the sex offender registry, and to revise the age for certain sex crimes.

     Was read the second time.

     Rep. Hunt moved that HB 1071 be deferred until Thursday, February 20th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1218   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the detention of children in need of supervision and delinquent children.

     Was read the second time.

     Rep. Putnam moved that HB 1218 be deferred until Thursday, February 20th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

    HB 1129   :   FOR AN ACT ENTITLED, An Act   to establish certain requirements for driving under a work permit.

     Was read the second time.

j-1129c

     Rep. Koskan moved that HB 1129 be amended as follows:

     On page 1 , line 13 of the House Transportation committee engrossed bill , delete " person shall display a magnetic " and insert " court may order that the person display a visible " .

     On page 1 , line 14 , delete " magnetic " and insert " visible " .

     On page 2 , line 3 , delete " magnetic " and insert " visible " .

     On page 2 , line 3 , delete " section 1 " and insert " sections 1 and 4 " .
     On page 2 , line 8 , delete " magnetic " and insert " visible " .

     On page 2 , line 8 , delete " section 1 " and insert " sections 1 and 4 " .

     On page 2 , line 19 , delete " person shall display a magnetic " and insert " court may order that the person display a visible " .

     On page 2 , line 20 , delete " magnetic " and insert " visible " .

    Rep. Barker moved the previous question.

    Which motion prevailed.


     The question being on Rep. Koskan's motion that HB 1129 be amended.

     Which motion lost.

     The question being "Shall HB 1129 pass as amended?"

     And the roll being called:

     Yeas 6, Nays 63, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; DeMersseman; Fitzgerald; Koskan; Volesky

     Nays were:
Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; 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; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Jaspers

     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 1248   :   FOR AN ACT ENTITLED, An Act   to provide for guaranteed access to health insurance.

     Was read the second time.


     Rep. Fischer-Clemens moved that HB 1248 be deferred until Thursday, February 20th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1017   :   FOR AN ACT ENTITLED, An Act   to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule- making authority for implementing the voter's instructions on term limits.

     Was read the second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

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

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

     Nays were:
Diedrich; Fiegen; Hagen; Moore; Volesky; Wick

     Excused were:
Jaspers

     Absent and Not Voting were:
Chicoine

     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 1119   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the compensation and employment status of state's attorneys.

     Was read the second time.


     Rep. Moore moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1119 pass?"

     And the roll being called:

     Yeas 13, Nays 55, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Richard); Duniphan; Jorgensen; Kredit; Matthews; McNenny; Pummel; Roe; Van Gerpen; Waltman; Weber; Wetz

     Nays were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; Madden; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Wick; Windhorst; Speaker Hagg

     Excused were:
Jaspers

     Absent and Not Voting were:
Fischer-Clemens

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 108   :   FOR AN ACT ENTITLED, An Act   to revise budget transfer authority.

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

     SB 191   :   FOR AN ACT ENTITLED, An Act   to allow the payment of gross receipts tax on the rental of certain trailers and to declare an emergency.

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

     SB 208   :   FOR AN ACT ENTITLED, An Act   to revise the requirements for individual and group health insurance availability, portability, and renewability.

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

     SB 216   :   FOR AN ACT ENTITLED, An Act   to revise certain insurance investment provisions.

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

     SB 228   :   FOR AN ACT ENTITLED, An Act   to provide for and to regulate electronic livestock auctions.

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

     SB 236   :   FOR AN ACT ENTITLED, An Act   to require the provision of certain closed captioning and interpretive television services.

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

     SB 244   :   FOR AN ACT ENTITLED, An Act   to make an appropriation to fund tax refunds for elderly and disabled persons.

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

     SB 259   :   FOR AN ACT ENTITLED, An Act   to promote personal responsibility and provide temporary assistance for needy families and to revise certain provisions relating to public assistance.

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

     SB 262   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding reverse mortgages.

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

     SB 264   :   FOR AN ACT ENTITLED, An Act   to limit any future creation of QUEST entities.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Gabriel moved that SB 90, 59, 162, 205, 92, 150, and 155 be deferred until Thursday, February 20th, the 28th legislative day.

     Which motion prevailed and the bills were so deferred.

SIGNING OF BILLS


     The Speaker publicly read the title to

     SB 37: FOR AN ACT ENTITLED, An Act  to authorize the Board of Water and Natural Resources to contract for financial services, to provide for the confidentiality of certain proprietary information, and to authorize additional forms of financial assistance by the board.

     SB 39: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding water user districts and water development districts.

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

     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.

     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.

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

     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.

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

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

     And signed the same in the presence of the House.


COMMEMORATIONS


     HC 1008   Introduced by:  Representatives Lee and Kazmerzak and Senator Frederick

A LEGISLATIVE COMMEMORATION,  Honoring Nathan Tom, from Clark, South Dakota,     as one of South Dakota's top middle-level student volunteers in the Prudential Spirit of     Community Awards.

     WHEREAS,  Nathan Tom, of Clark Junior and Senior High School, will receive a bronze Distinguished Finalist medallion from Prudential for counseling fellow students; and

     WHEREAS,  Nathan Tom counseled fellow students with problems and who were in need of advice; and

     WHEREAS,  Nathan Tom volunteered his time and efforts, and exemplified the spirit of community that is so important to the future of our cities, towns, and neighborhoods:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-second Legislature of the State of South Dakota, that Nathan Tom be recognized for his outstanding, self-initiated community service.


     Rep. Napoli moved that the House do now adjourn, which motion prevailed, and at 6:09 p.m. the House adjourned.

KAREN GERDES, Chief Clerk