House Journal 02/25/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 25, 1997

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

     The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge of Allegiance led by House page John Handcock.

     Roll Call: All members present except Rep. Koetzle 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 thirtieth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

REX HAGG, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 202 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 Agriculture & Natural Resources respectfully reports that it has had under consideration SB 210 and returns the same with the recommendation that said bill be amended as follows:

t-210b

On page 1 , line 4 of the printed bill , delete " Class 1 " and insert " Class 2 " .

t-210c

On page 1 , line 9 of the printed bill , after " entity " insert " or to fires on shoreline barren of vegetation which do not constitute an apparent risk of fire to surrounding vegetation not located within a state, county, or municipal park, state recreation area, or nature preserve " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 188 and 230 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 117 and 191 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 244, 48, 51 and 73 and returns the same with the recommendation that said bills do pass.

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 158 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 216 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 Commerce respectfully reports that it has had under consideration SB 208 and returns the same with the recommendation that said bill be amended as follows:

q-208a

On page 4 of the Senate Commerce committee engrossed bill , remove the overstrikes from line 3 .

On page 4 , line 3 , overstrike " XVII " and insert " XVIII " .

On page 4 , delete line 4 , and insert " the Social Security Act , unless federal law requires that medicare coverage under Title XVIII be excluded as a reason for renewability of coverage;

(7) If the issuer decides to discontinue offering a particular type " .

On page 5 , remove the overstrikes from lines 3 to 7 , inclusive .

On page 5 , line 7 , delete " a " .

On page 5 , line 8 , remove the overstrikes from " ~~twelve~~ " .

On page 5 , line 8 , delete " six " .

On page 5 , line 9 , remove the overstrikes from " or " .

On page 5 , line 10 , remove the overstrikes from everything before " ~~and~~ " .

On page 7 , line 12 , overstrike everything after " section " .

On page 7 , line 13 , overstrike everything before " if " .

On page 8 , line 19 , after " underwriting " insert " and coverage " .

On page 8 , line 20 , after " the " insert " coverage criteria and " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 82 and returns the same with the recommendation that said bill be amended as follows:

j-82

On page 4 , line 17 of the printed bill , after " require. " insert " Until October 10, 1999, the director may require the registration of a federal covered adviser if the filer fails to pay the fees required by this chapter. For the purpose of this subsection, a delay in payment or an underpayment of a fee that is remedied within fifteen days after receipt of notice from the director does not constitute a failure or refusal to pay the fee. "

On page 8 , line 6 , after " trusts. " insert " A renewal filing is required annually, including those documents that the director by rule or order may require and a fee as provided in this subparagraph (a)(1). "

On page 8 , line 16 , delete " A " and insert " An annual " .

On page 8 , line 16 , delete " value of such federal covered securities offered or sold in this state " and insert " net assets of the fund " .

On page 8 , line 17 , delete " The annual report is due one year " .

On page 8 , delete line 18 .

On page 9 , between lines 8 and 9, insert:

" (f) Until October 10, 1999, the director may require the registration of a federal covered security if the issuer fails to pay the fee required by this chapter. For the purpose of this subsection, a delay in payment or an underpayment of a fee that is remedied within fifteen days after receipt of notice from the director does not constitute a failure to pay the fee."

On page 11 , line 2 , delete " Until October 10, 1999, the exclusions provided in § 47-31A- " .

On page 11 , delete line 3 and 4 .

On page 11 , line 9 , delete " , except that, " and insert " . " .

On page 11 , delete line 10 to 12, inclusive .

On page 12 , line 17 , delete " , except up " and insert " . " .

On page 12 , delete line 18 to 21, inclusive .

On page 16 , line 2 , delete " is a federal covered security " and insert " the security is a federal covered security or the transaction is with respect to a federal covered security " .

On page 16 , delete lines 3 to 8 , inclusive .

On page 17 , after line 8 , insert:

" Section 17. That the introductory clause to subsection (a) of § 47-31A-402 be amended to read as follows:

(a) The following securities are exempted from § § 47-31A-301 , section 5 of this Act, and 47-31A-403:

Section 18. That the introductory clause to subsection (b) of § 47-31A-402 be amended to read as follows:

(b) The following transactions are exempted from § § 47-31A-301 , section 5 of this Act, and 47-31A-403:

Section 19. That subsection (h) of § 47-31A-407 be amended to read as follows:

(h) The director may prepare and issue any certificate to the effect that the records of the director show that a specified security was or was not registered or , that a specified person was or was not ~~licensed~~ registered , or that a filing under section 5 of this Act was or was not made, on a specified date or between specified dates. The director may prepare and issue certified copies of any order of registration, of any filing under section 5 of this Act, or of any license or of any lawful order of the director. Any such certificate may recite that such registration, filing, license , or lawful order has not been suspended, revoked, cancelled , or amended except as therein stated. The director may prepare and issue certified copies of any application, filing, document, exhibit, report , or other paper on file with the director. All certificates issued pursuant to this subsection shall be signed by the director and identified by an impression of the seal of the director. The director shall charge one dollar for each such certificate and fifty cents per folio for all copies so certified. All such certificates shall be prima facie evidence of the facts therein stated; and all copies so certified shall be receipted evidence in all courts with the same force and effect as the originals thereof.

Section 20. That subsection (a) of § 47-31A-409 be amended to read as follows:

(a) It is a violation of this chapter and a Class 4 felony for any person to violate any provision of this chapter except § 47-31A-404, who fails to file and pay the requisite fees under section 5 of this Act, or who violates any rule or order under this chapter, or who willfully violates § 47-31A-404 knowing the statement made to be false or misleading in any material respect , or who willfully fails to comply with section 5 of this Act ; but no person may be imprisoned for violation of any rule or order or failure to comply with section 5 of this Act, if he the person proves that he or she had no knowledge of the rule or order. A subsequent violation is a Class 3 felony.

Section 21. That subsection (a) of § 47-31A-412 be amended to read as follows:

(a) The director may from time to time make, amend , and rescind such rules, forms , and orders as are necessary to carry out the provisions of this chapter, including rules and forms governing registration statements, filings under section 5 of this Act, applications , and reports, and defining any terms whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter and pursuant to the provisions of chapter 1-26. For the purpose of the rules and forms, the director may classify securities, persons , and matters within ~~his~~ the director's jurisdiction, and prescribe different requirements for different classes. The director may, by rule, adopt exemptions from the registration requirements of § § 47-31A-201 and 47-31A-301 where such exemptions are consistent with the public interest and with the purposes fairly intended by the policy and provisions of this chapter.

Section 22. That subsection (b) of § 47-31A-413 be amended to read as follows:

(b) The director shall keep a register of all applications for registration of securities and registration statements , all filings made for federal covered securities, and all applications for broker-dealer, agent, investment adviser , or investment adviser representative which are or have ever been effective under this chapter; all written notices of claim of exemption from registration requirements; all orders entered under this chapter; and all interpretative opinions or no-action determinations issued pursuant to subsection (e). All records may be maintained in computer or microfilm format or any other form of data storage. No original records will be maintained any longer than ten years. The register shall be available for public inspection.

Section 23. That subsection (c) of § 47-31A-413 be amended to read as follows:

(c) The information contained in or filed with any registration statement, federal covered security filing, application , or report may be made available to the public under such rules as the director prescribes. "

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 236 which was deferred to the 41st legislative day.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 189 and returns the same with the recommendation that said bill be amended as follows:

o-189

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

" Section 1. That § 13-51-2 be amended to read as follows:

13-51-2. There is continued an educational facilities fund in the state treasury from which on and after July 1, 1984, the board of regents may make expenditures, relating only to institutions of higher education under its jurisdiction, to:

(1) Make lease-purchase payments to the South Dakota Building Authority for projects authorized to be paid out of that fund by the Legislature;

(2) Maintain and repair existing facilities in amounts as may from time to time be authorized by the Legislature; ~~and~~

(3) Make lease payments to other private or public parties for educational facilities that the Board of Regents determines to be necessary for the delivery of instructional programs of the Sioux Falls Center for Public Higher Education; and

(4) Build and equip new facilities as may from time to time be authorized by the Legislature.

No funding may be provided in any year for subdivision (3) or (4) of this section until the level of annual appropriations reaches three million dollars for subdivision (2) of this section. Authorizations for new lease payments, new construction, reconstruction, and renovation are restricted to and ~~shall~~ may not exceed the amount of higher education facilities funds in excess

of the sum of existing lease payments to the South Dakota Building Authority plus three million dollars for maintenance and repair. "

o-189t

On page 1 , line 1 of the Senate engrossed bill , delete everything after " to " and insert " authorize the Board of Regents to make certain lease payments from the educational facilities fund. " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1070 was deferred to the 41st legislative day.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1004 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1002, 1010, 1032, 1078, 1085, 1093, 1101, 1109, 1114, 1143, 1147, 1162, 1163, 1170, 1274, and 1280 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1048, 1103, 1108, 1164, and HJR 1001 which have been amended by the Senate and your concurrence in the amendment is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

Rep. Napoli moved that the House do not concur in Senate amendments to HB 1035 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

Which motion prevailed.

Rep. Gordon Pederson moved that the House do concur in the Senate amendments to HB 1046.

Rep. Fischer-Clemens moved as a substitute motion that the House do not concur in Senate amendments to HB 1046 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

A roll call vote was requested and supported.

    The question being on Rep. Fischer-Clemens' substitute motion that the House do not concur in Senate amendments to HB 1046 and that a committee be appointed.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Kooistra; Lee; Lockner; Lucas; Matthews; Moore; Peterson (Bill); Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg

Nays were:
Belatti; Brosz; Brown (Richard); Cutler; DeMersseman; Duniphan; Eccarius; Gabriel; Hassard; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Madden; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Smidt; Wetz; Windhorst

Excused were:
Koetzle

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried, Senate amendments to HB 1046 were not concurred in and a committee will be appointed.

Rep. DeMersseman moved that the House do concur in the Senate amendments to HB 1049.

    The question being on Rep. DeMersseman's motion that the House do concur in the Senate amendments to HB 1049.

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0

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

Nays were:
Barker; Collier; Davis; de Hueck; Lockner; Moore; Schaunaman; Sokolow

Excused were:
Koetzle

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and Senate amendments to HB 1049 were concurred in.

Rep. Napoli moved that the House do concur in the Senate amendments to HB 1068.

    The question being on Rep. Napoli's motion that the House do concur in the Senate amendments to HB 1068.

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Brown (Jarvis); Collier; Crisp; Davis; de Hueck; Duxbury; Fiegen; Fischer-Clemens; Hagen; Haley; Lucas; Moore; Munson (Donald); Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Speaker Hagg

Excused were:
Koetzle

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Senate amendments to HB 1068 were concurred in.

Rep. Hagg moved that the House do not concur in Senate amendments to HB 1102 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

Which motion prevailed.

Yesterday, Rep. Belatti announced his intention to reconsider the vote by which SB 160 was lost.

Rep. Belatti moved to reconsider the vote by which SB 160 was lost.

    The question being on Rep. Belatti's motion to reconsider the vote by which SB 160 was lost.

     And the roll being called:

     Yeas 38, Nays 28, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Davis; DeMersseman; Derby; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Hagen; Hassard; Hunt; Johnson (Doug); Koskan; Kredit; Lockner; Lucas; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Windhorst; Speaker Hagg

Nays were:
Barker; Cerny; Crisp; Cutler; de Hueck; Diedrich; Duenwald; Fiegen; Gabriel; Gleason; Haley; Jaspers; Kazmerzak; Konold; Kooistra; Madden; Matthews; McNenny; Monroe; Moore; Pederson (Gordon); Richter; Roe; Schaunaman; Schrempp; Waltman; Wetz; Wick

Excused were:
Koetzle; Lee

Absent and Not Voting were:
Brooks; Jorgensen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 160 was up for reconsideration and final passage.

Rep. Belatti moved that SB 160 be deferred until Wednesday, February 26th, the 32nd legislative day.

Which motion prevailed and the bill was so deferred.

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Gabriel moved that the report of the Standing Committee on

     State Affairs on SB 263 as found on page 645 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

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 second time.

     The question being "Shall SB 182 pass?"

     And the roll being called:

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

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

Excused were:
Koetzle; Putnam

Absent and Not Voting were:
Duxbury

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Richard Brown moved that the rules be suspended for the sole purpose of placing HB 1222 on the calendar of Wednesday, February 26th, the 32nd legislative day.

     The question being on Rep. Richard Brown's motion that the rules be suspended for the sole purpose of placing HB 1222 on the calendar of Wednesday, February 26th, the 32nd legislative day.


    And the roll being called:

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

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

Nays were:
Barker; Moore; Volesky

Excused were:
Koetzle; Putnam

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried, the rules were suspended and HB 1222 was so placed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 221 : FOR AN ACT ENTITLED, An Act to exempt snowmobiles from uninsured and underinsured motorist coverage.

Was read the second time.

     The question being "Shall SB 221 pass?"

     And the roll being called:

     Yeas 54, Nays 13, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; DeMersseman; Diedrich; Duenwald; Duniphan; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Sperry; Waltman; Weber; Wetz; Windhorst

Nays were:
Barker; Brosz; Collier; de Hueck; Derby; Duxbury; Fiegen; Hunt; Sokolow; Van Gerpen; Volesky; Wick; Speaker Hagg

Excused were:
Koetzle; Putnam; 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.

SB 166 : FOR AN ACT ENTITLED, An Act to require a legislative interim study of prepaid post-secondary education tuition plans.

Was read the second time.

Rep. Richter moved that SB 166 be placed to follow SB 91 on today's calendar.

Which motion prevailed and SB 166 was so placed.

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

Was read the second time.

f-223

Rep. Schrempp moved that SB 223 be amended as follows:

On page 1 , line 9 of the Senate engrossed bill , delete " forty-five " and insert " thirty-five " .

f-223a

Rep. Hagg moved that Rep. Schrempp's pending amendment to SB 223 be amended as follows:

Before line 1, insert:

" On page 1 , line 7 of the Senate engrossed bill , delete " forty-five " and insert " thirty-five " ."

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

The question now being on Rep. Schrempp's pending motion that SB 223 be amended.

Which motion lost.

     The question being "Shall SB 223 pass?"

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent and Not Voting 0

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

Nays were:
Cerny; Collier; Crisp; Cutler; Gabriel; Kazmerzak; Kooistra; Koskan; Lucas; Schaunaman; Schrempp; Waltman; Wetz; Windhorst

Excused were:
Koetzle; 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.

SB 142 : FOR AN ACT ENTITLED, An Act to authorize the use of the municipal sales tax for certain street rehabilitation and reconstruction.

Was read the second time.

f-142

Rep. Moore moved that SB 142 be amended as follows:

On page 1 of the printed bill , delete lines 11 to 14 , inclusive , and insert:

" If a municipality increases its tax rate above one percent, the revenue generated from the tax increase may only be used for capital improvement, to include lease-purchase agreements of realty, land acquisition, the funding of public ambulances and medical emergency response vehicles, public hospitals, or nonprofit hospitals with fifty or fewer licensed beds, and other public health care facilities or nonprofit health care facilities with fifty or fewer licensed beds, the transfer to the special 911 fund authorized by § 34-45-12, the purchasing of fire fighting vehicles and equipment, and debt retirement. "

On page 2 , delete lines 1 to 5 , inclusive .

A roll call vote was requested and supported.

     The question being on Rep. Moore's motion that SB 142 be amended.

     And the roll being called:

     Yeas 33, Nays 35, Excused 2, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Eccarius; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; McNenny; Moore; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Weber; Wick; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Richard); de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Lee; Madden; Matthews; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Van Gerpen; Volesky; Waltman; Wetz; Windhorst

Excused were:
Koetzle; Putnam

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 SB 142 pass?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Roe; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Wetz

Nays were:
Brooks; Brown (Jarvis); Crisp; Cutler; Duenwald; Fiegen; Gabriel; Hagen; Hunt; Koskan; McNenny; Moore; Munson (Donald); Richter; Rost; Schrempp; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

Excused were:
Koetzle; 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.

SB 156 : FOR AN ACT ENTITLED, An Act to revise the definition of a single-family occupied dwelling.

Was read the second time.

f-156e

Rep. Derby moved that SB 156 be amended as follows:

On page 1 , line 8 of the Senate Taxation committee engrossed bill , delete " section 2 " and insert " sections 2 and 3 " .

On page 2 , after line 6 , insert:

" Section 3. All real property and any improvements on real property devoted to any nationally chartered fraternal organizations with an active fraternity or sorority chapter authorized and recognized by any South Dakota college or university and if such chapter is a nonprofit and recognized as an exempt organization under section 501(c)(3) or 501(c)(7) of the United States Internal Revenue Code, as amended, and in effect on January 1, 1997, are hereby specifically classified for the purpose of taxation.

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

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

Section 5. That § 10-4-32 be repealed.

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

Pursuant to Joint Rule 5-9, Rep. Cutler requested a division of the question.

The Speaker ruled the question was divisible and that the second portion of the divided amendment would be voted on first.

The second portion of Rep. Derby's amendment reads as follows:

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

Which motion prevailed and SB 156 was so amended.

The first portion of Rep. Derby's amendment reads as follows:

" On page 1 , line 8 of the Senate Taxation committee engrossed bill , delete " section 2 " and insert " sections 2 and 3 " .

On page 2 , after line 6 , insert:

"Section 3. All real property and any improvements on real property devoted to any nationally chartered fraternal organizations with an active fraternity or sorority chapter authorized and recognized by any South Dakota college or university and if such chapter is a nonprofit and recognized as an exempt organization under section 501(c)(3) or 501(c)(7) of the United States Internal Revenue Code, as amended, and in effect on January 1, 1997, are hereby specifically classified for the purpose of taxation."

The question now being on the first portion of Rep. Derby's motion that SB 156 be amended.

A roll call vote was requested and supported.

    And the roll being called:

     Yeas 39, Nays 28, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Richard); Chicoine; Collier; Davis; de Hueck; DeMersseman; Derby; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hassard; Hunt; Jaspers; Kredit; Lockner; Lucas; Madden; Matthews; Munson (Donald); Peterson (Bill); Pummel; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Wick; Speaker Hagg

Nays were:
Brosz; Brown (Jarvis); Cerny; Crisp; Cutler; Duenwald; Eccarius; Fiegen; Gabriel; Gleason; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Lee; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Richter; Roe; Van Gerpen; Weber; Wetz; Windhorst

Excused were:
Koetzle; Putnam

Absent and Not Voting were:
Diedrich

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 156 was so amended.

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Rep. de Hueck moved that SB 156 be further amended as follows:

On page 2 , line 4 of the Senate Taxation committee engrossed bill , delete " The " and insert " If the director of equalization determines that such portion is occupied by the owner, the " .

On page 2 , line 6 , after " taxation. " insert " An aggrieved person may appeal the decision of the director pursuant to chapter 1-26D. The director shall act upon the request within thirty days of the date of the request. "

Which motion prevailed and SB 156 was so amended.

The question being "Shall SB 156 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 19, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jaspers; Jorgensen; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Wick; Speaker Hagg

Nays were:
Cutler; Eccarius; Fiegen; Gabriel; Hagen; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; McNenny; Moore; Pederson (Gordon); Richter; Roe; Van Gerpen; Weber; Wetz; Windhorst

     Excused were:
Koetzle; Putnam

     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. Derby moved that the title to SB 156 be amended as follows:

On page 1 , line 2 of the Senate Taxation committee engrossed bill , after " dwelling " insert " and to repeal certain classifications of property " .

Which motion prevailed and the title was so amended.

Speaker Hagg now presiding.

Rep. Gabriel moved that SB 269 and 186 be deferred until Thursday, February 27th, the 33rd legislative day.

Which motion prevailed and the bills were so deferred.

SB 152 : FOR AN ACT ENTITLED, An Act to permit planning directors to approve certain plats.

Was read the second time.

f-152d

Rep. Crisp moved that SB 152 be amended as follows:

On page 2 of the House Local Government committee engrossed bill , after line 5 , insert:

" Section 2. That § 11-3-8 be amended to read as follows:

11-3-8. ~~Whenever~~ If any person wishes to plat any lands lying outside the boundaries of a municipality, he the person shall be governed by this chapter. Before recording ~~his~~ the person's plat in accordance with § 11-3-6, he the person shall submit the ~~same~~ plat to the board of county commissioners of the county wherein such lands are situated. The approval of the board of county commissioners pursuant to this section may not be required for a plat as specified in § 11-6-26. The board of county commissioners shall examine the same. ~~They~~ The board of county commissioners shall by resolution, approve the plat, and the auditor shall endorse on the plat a copy of the resolution and certify to the same if it appears that the system of streets conforms to the system of streets of existing plats and section lines of the county, that adequate provision is made for access to adjacent unplatted lands by public dedication or section line when physically accessible, that all provisions of any subdivision regulations of the county have been complied with, that all taxes and special assessments upon the tract or subdivision have been fully paid and that the plat and the survey ~~thereof~~ of the land have been lawfully executed. The board of county commissioners may by resolution designate an administrative official of the county to approve plats in lieu of approval by the board of county commissioners. No plat of any addition or subdivision, so situated, ~~shall be entitled to record or~~ is entitled to record or may be recorded unless it the plat bears a copy of the resolution or approval and certificate of the auditor. If the designated administrative official denies the plat request, the person requesting the plat may appeal to the board of county commissioners. "

Which motion prevailed and SB 152 was so amended.

f-152b

Rep. de Hueck moved that SB 152 be further amended as follows:

On page 1 , line 13 of the House Local Government committee engrossed bill , remove the overstrikes from " ~~, by resolution,~~ " .

Which motion prevailed and SB 152 was so amended.

f-152e

Rep. Monroe moved that SB 152 be further amended as follows:

On page 2 of House Local Government committee engrossed bill , line 4 , delete " If the designated administrative " and insert " Approval or denial of the plat request may be appealed to the governing body by any affected party. "

On page 2 , delete line 5.

Which motion lost.

     The question being "Shall SB 152 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 8, Excused 3, Absent and Not Voting 0

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

Nays were:
Apa; Kazmerzak; Matthews; McNenny; Moore; Pederson (Gordon); Weber; Wetz

Excused were:
Haley; Koetzle; 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.

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

Was read the second time.

The question being "Shall SB 194 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 12, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; DeMersseman; Derby; Diedrich; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg

Nays were:
Broderick; Cutler; de Hueck; Duenwald; Duniphan; Fitzgerald; Hunt; McNenny; Napoli; Richter; Wetz; Windhorst

Excused were:
Brooks; Haley; Koetzle; Madden; 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.

SB 101 : FOR AN ACT ENTITLED, An Act to provide for the payment of property taxes when a portion of the property has been purchased.

Was read the second time.

     The question being "Shall SB 101 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

     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; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; 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

Excused were:
Crisp; Koetzle; Madden; 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.

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

Was read the second time.

     The question being "Shall SB 124 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent and Not Voting 0

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

Nays were:
Barker; Moore; Weber

Excused were:
Crisp; Koetzle; 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.

SB 196 : FOR AN ACT ENTITLED, An Act to provide for civil enforcement of statutes against assisted suicide.

Was read the second time.

The question being "Shall SB 196 pass?"

And the roll being called:

Yeas 58, Nays 4, Excused 4, Absent and Not Voting 4

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

Nays were:
Johnson (Doug); Jorgensen; Richter; Windhorst

Excused were:
de Hueck; Koetzle; Putnam; Schaunaman

Absent and Not Voting were:
Collier; Crisp; Gabriel; Haley

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 205 : FOR AN ACT ENTITLED, An Act to authorize the use of photo radar equipment to identify motor vehicles violating limited speed zones in highway work areas.

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

r-205

Rep. Brooks moved that SB 205 be amended as follows:

On page 1 , line 10 of the House Transportation committee engrossed bill , delete " or for the collection of the civil penalty provided in this section " .

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

On page 1 , line 12 , delete " a penalty in an amount equivalent to " .

On page 1 , line 14 , delete " civil penalty imposed " and insert " fine " .

On page 1 , line 15 , delete " by this section " .

Which motion prevailed and SB 205 was so amended.

o-205a

Rep. Kredit moved that SB 205 be further amended as follows:

On page 1 , line 6 of the House Transportation committee engrossed bill , delete " photo " .

On page 1 , line 8 , delete " The photograph or " .

On page 1 , delete lines 9 to 15 , inclusive .

On page 2 , delete lines 1 and 2 .

On page 2 , line 3 , delete everything before " Signs " .

On page 2 , line 3 , delete " photo " .

On page 2 , line 6 , delete " or owner of any vehicle " .

On page 2 , line 8 , delete " photo " .

On page 2 , line 9 , delete " still or video camera, which automatically produces " and insert " a speed board to display the speed of each passing motor vehicle. " .

On page 2 , delete lines 10 and 11 .

A roll call vote was requested and supported.

     The question being on Rep. Kredit's motion that SB 205 be further amended.

     And the roll being called:

     Yeas 36, Nays 31, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Brown (Jarvis); Chicoine; Collier; Crisp; Cutler; Davis; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Jaspers; Johnson (Doug); Kazmerzak; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Roe; Schrempp; Van Gerpen; Waltman; Weber; Windhorst; Speaker Hagg

Nays were:
Broderick; Brooks; Brosz; Brown (Richard); Cerny; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Gleason; Hagen; Haley; Hunt; Jorgensen; Konold; Kooistra; Lucas; Munson (Donald); Pederson (Gordon); Richter; Rost; Schaunaman; Smidt; Sokolow; Sperry; Volesky; Wetz; Wick

Excused were:
Hassard; Koetzle; Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 205 was so amended.

Rep. Hagen moved the previous question.

Which motion prevailed.

     The question being "Shall SB 205 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 38, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; DeMersseman; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Jorgensen; Kazmerzak; Kredit; Lee; Lockner; Madden; Matthews; Moore; Napoli; Peterson (Bill); Roe; Schrempp; Van Gerpen; Volesky; Waltman; Wick

Nays were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Koskan; Lucas; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Pummel; Richter; Rost; Schaunaman; Smidt; Sokolow; Sperry; Weber; Windhorst; Speaker Hagg

Excused were:
Koetzle; Putnam

Absent and Not Voting were:
Wetz

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

SB 145 : FOR AN ACT ENTITLED, An Act to authorize title insurance companies to execute certain certificates of release of mortgages.

Was read the second time.

The question being "Shall SB 145 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, 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; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Hassard

Excused were:
Koetzle; Putnam

Absent and Not Voting were:
Crisp

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 43 : FOR AN ACT ENTITLED, An Act to establish certain requirements and to prohibit certain practices regarding sweepstake prizes and to provide a penalty for certain violations thereof.

Was read the second time.

     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 5, 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; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Gabriel; Koetzle; Putnam; Richter; Smidt

Absent and Not Voting were:
Crisp

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

Was read the second time.

     The question being "Shall SB 116 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 11, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; DeMersseman; Duenwald; Hassard; Hunt; Johnson (Doug); Koskan; McNenny; Monroe; Napoli; Wetz

Excused were:
Gabriel; Koetzle; Putnam; Richter

Absent and Not Voting were:
Brooks

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 63 : FOR AN ACT ENTITLED, An Act to extend medical assistance recovery to estates of surviving spouses of certain deceased medical assistance recipients.

Was read the second time.

f-63a

Rep. Davis moved that SB 63 be amended as follows:

On page 2 of the House Health and Human Services committee engrossed bill , after line 7 , insert:

" Section 2. A surviving spouse may petition the Department of Social Services for purposes of limiting the financial responsibility of the estate of the surviving spouse. The financial responsibility of the estate of the surviving spouse may not exceed the value of the estate of the surviving spouse as of the date of death of the medical assistance recipient. For purposes of the determination of the financial responsibility, it shall be assumed that the surviving spouse died simultaneously with the medical assistance recipient. The petition for financial responsibility shall be filed with the Department of Social Services within six months of the date of death of the medical assistance recipient. "

Which motion prevailed and SB 63 was so amended.

     The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 13, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Smidt; Sperry; Volesky; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Collier; de Hueck; Duxbury; Hagen; Hunt; Moore; Munson (Donald); Schrempp; Sokolow; Van Gerpen; Waltman; Speaker Hagg

Excused were:
Gabriel; Koetzle; Putnam; Richter

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. Cutler moved that SB 183, 262, 264, 16, 91 and 166 be deferred until Wednesday, February 26th, the 32nd legislative day.

Which motion prevailed and the bills were so deferred.

APPOINTMENT OF CONFERENCE COMMITTEES

The Speaker appointed Reps. Napoli, Matthews and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1035.

The Speaker appointed Reps. Brown (Richard), de Hueck and Fischer-Clemens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1046.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1038, 1047, 1055, 1079, 1080, 1095, 1097, 1112, 1125, 1148, 1153, 1178, and 1184 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1038: FOR AN ACT ENTITLED, An Act to repeal certain reporting requirements of workers' compensation insurance carriers.

     HB 1047: FOR AN ACT ENTITLED, An Act to require property and casualty and health insurers to file actuarial opinions in accordance with the National Association of Insurance Commissioners Annual Statement Instructions.

     HB 1055: FOR AN ACT ENTITLED, An Act to repeal the early presidential primary.

     HB 1079: FOR AN ACT ENTITLED, An Act to repeal requirements for health care providers to report capital expenditures in excess of one hundred thousand dollars.

     HB 1080: FOR AN ACT ENTITLED, An Act to revise certain restrictions pertaining to carrying on similar business within specified geographical areas in sales of good will.

     HB 1095: FOR AN ACT ENTITLED, An Act to revise the procedure for changing a corporation's registered office or agent.

     HB 1097: FOR AN ACT ENTITLED, An Act to return unemployment compensation experience-rating accounts to sellers in certain contract for deed transactions.

     HB 1112: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding the denial, cancellation, suspension, and revocation of a driver license.

     HB 1125: FOR AN ACT ENTITLED, An Act to authorize the Gaming Commission to authorize variations of blackjack and poker in Deadwood.

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

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

     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.

     HB 1184: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to school district elections.

     SB 64: FOR AN ACT ENTITLED, An Act to limit the time that a child may remain in foster care under certain conditions.

     SB 88: FOR AN ACT ENTITLED, An Act to expand the jurisdiction of magistrate judges to include temporary protection order cases.

     SB 146: FOR AN ACT ENTITLED, An Act to revise the dates when the auditor reconciles the unpaid taxes.

     SB 148: FOR AN ACT ENTITLED, An Act to revise the requirements for number and filing of copies concerning the apportionment of foundation program funds.

     And signed the same in the presence of the House.

Rep. Windhorst moved that the House do now adjourn, which motion prevailed, and at 6:25 p.m. the House adjourned.

KAREN GERDES, Chief Clerk