House Journal 02/26/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 26, 1997

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Shawn Larson.

     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 thirty-first 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 1092, 1113, 1116, 1118, and 1124,
and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1092, 1113, 1116, 1118, and 1124 were delivered to his Excellency, the Governor, for his approval at 2:22 p.m., February 20, 1997.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1013, 1058, 1067, 1074, 1076, 1105, 1117, 1140, and 1241 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 26, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 62 which was removed from the table and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 198 which was deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 106 and 75 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 143 and returns the same with the recommendation that said bill be amended as follows:

r-143a

On page 1 , line 5 of the Senate Judiciary committee engrossed bill , delete " follows or " and insert " follows or and " .

r-143t

On page 1 , line 1 of the Senate Judiciary committee engrossed bill , delete " expand " and insert " revise " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 113 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 81 which was deferred to the 41st legislative day.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 259 and returns the same with the recommendation that said bill be amended as follows:

o-259f

On page 7 of the Senate engrossed bill , after line 17 , insert:

" Section 27. The department shall continue to use case by case consideration for recipients of public cash assistance pursuing post secondary education to fully utilize the Screening of South Dakota Families Initiative Waiver until its expiration in March 1999. "

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 SB 266 and returns the same with the recommendation that said bill be amended as follows:

t-266a

On page 1 of the printed bill , delete lines 5 to 11 , inclusive , and insert:

" Section 1. That chapter 25-7 be amended by adding thereto a NEW SECTION to read as follows:

Any payment or installment of support under an order for support, as defined by § 25-7A-1, whether entered by a court or an administrative entity of this state or any other state or jurisdiction, which is unpaid after the date it is due, is a lien by operation of law, with the full force and effect and attributes of a lien of this state, including enforceability, and is entitled, as a lien, to full faith and credit in this state.

In order to preserve such lien, any Title IV-D agency may give notice of the lien by filing with the register of deeds office a sworn statement or certificate showing the amount of unpaid child support. The sworn statement or certificate may be filed in any county in which property of the obligor is located, shall contain a description of the property, and shall attach to the property whether individually or jointly owned by the obligor. The register of deeds shall file and index the lien in the personal property index under the names of the property owner and the lien claimant, both alphabetically arranged. The priority of the lien shall be established as of its date of filing. The register of deeds office is not entitled to any fee for registering or filing any lien under this section. "

On page 2 , line 21 , delete " Every " and insert " Effective October 1, 1997, every " .

On page 17 , line 4 , delete " the department " and insert " any Title IV-D agency " .

On page 17 , line 20 , delete " the department " and insert " any Title IV-D agency " .

On page 18 , line 2 , delete " the department " and insert " any Title IV-D agency " .

On page 19 , line 3 , delete " any " and insert " may be used or disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Any " .

On page 20 , line 15 , after " section. " insert " Any information obtained by any Title IV-D agency pursuant to this section is confidential in nature and may be disclosed only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. "

On page 20, delete lines 16 to 20, inclusive, and insert:

"As used in this section, financial institution includes any financial institution as defined in subdivision 10-43-1(4), any institution regulated by chapter 47-31A, and any other depository institution, credit union, benefit association, insurance company, safe deposit company, bond fund, money market mutual fund, and any mutual fund of any kind or character. The term, account, as used in this section includes any demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, money market or any type of mutual fund account, and intangible property as defined in subdivision 43-41B- 1(10)."

On page 21 , line 9 , delete " the department " and insert " any Title IV-D agency " .

On page 21 , line 10 , delete " department " and insert " Title IV-D agency " .

On page 21 , line 11 , delete " department. The department " and insert " Title IV-D agency. The Title IV-D agency " .

And that as so amended said bill do pass.

Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 175, 184 and 214 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
John Koskan, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1005, 1006, and 1011 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1071, 1082, 1096, 1142, 1183, 1188, 1205, 1267, and HJR 1004 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1005, 1087, and 1259 which have been amended by the Senate and your concurrence in the amendment is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Schaunaman moved that the House do concur in the Senate amendments to HB 1048.

     The question being on Rep. Schaunaman's motion that the House do concur in the Senate amendments to HB 1048.

     And the roll being called:

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

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

Excused were:
Koetzle; Peterson (Bill)

Absent and Not Voting were:
Cerny; Pummel; Putnam; Weber

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 1048 were concurred in.

     Rep. McNenny moved that the House do concur in the Senate amendments to HB 1103.

     The question being on Rep. McNenny's motion that the House do concur in the Senate amendments to HB 1103.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; 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); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Moore

Excused were:
Cerny; Koetzle; Peterson (Bill)

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 1103 were concurred in.

     Rep. Wetz moved that the House do concur in the Senate amendments to HB 1108.

     The question being on Rep. Wetz's motion that the House do concur in the Senate amendments to HB 1108.

     And the roll being called:

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

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

Excused were:
Cerny; Koetzle

Absent and Not Voting were:
Diedrich

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 1108 were concurred in.

Rep. Jorgensen moved that the House do not concur in Senate amendments on HB 1164 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. Hunt moved that the House do concur in the Senate amendments to HJR 1001.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HJR 1001.

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent and Not Voting 0

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

Nays were:
Fiegen; Pederson (Gordon)

Excused were:
Cerny; 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 HJR 1001 were concurred in.

HCR 1012 Introduced by: Representatives Koskan, Duenwald, Konold, Kooistra, Lee, Matthews, Schrempp, Smidt, Sperry, Volesky, Wetz, and Wick and Senators Staggers, Albers, Flowers, Hutmacher, Lange, Shoener, and Vitter

A CONCURRENT RESOLUTION, Urging Congress to reauthorize the federal surface transportation program in a timely manner and to continue to recognize the national interest in the investment in highways which serve and cross rural western states.

WHEREAS, South Dakota's economy, the quality of life and the personal mobility of its citizens benefit greatly from federal transportation and highway infrastructure investments; and

WHEREAS, the nation's highways are a linked, inter-connected system with the nation as a whole benefiting from federal highway infrastructure investments in rural western states, such as South Dakota, where our Interstate and National Highway Systems provide a bridge for the safe and efficient movement of people and goods across this vast region; and

     WHEREAS, the benefits from federal highway investments to the nation and the states include:
.     Improved mobility to support our economy and competitive international position;
.     Access to the nation's natural resource and agricultural production, its manufactured goods, and our national parks and monuments;
.     Access and mobility for our national and civil defense forces;
.     Social progress and quality of life for our citizens; and

WHEREAS, South Dakota has an aging Interstate System which needs significant funding for pavement maintenance and replacement; and

WHEREAS, federal highway investments are supported entirely by the fees assessed every day on the users of the nation's highways; and

WHEREAS, the Federal Highway Trust Fund could support substantially increased investments in highway infrastructure without any increase in fees to the users of the highway system; and

WHEREAS, to continue the benefits of transportation and highway infrastructure investments, the Federal Surface Transportation Program must be reauthorized by the United States Congress before the program expires on September 30, 1997:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- second Legislature of the State of South Dakota, the Senate concurring therein, that the United States Congress is urged to act promptly to reauthorize the Federal Surface Transportation Program; and

     BE IT FURTHER RESOLVED, that this reauthorization include:
.     Full investment of all Highway Trust Fund balances, interest and revenues in much needed transportation and highway infrastructure;
.     A high level of support for the nation's most important highways; the Interstate and National Highway System routes;

.     Fair treatment of rural western states in the distribution of federal highway program funds among the states, considering the national interest in rural and intercity, as well as urban transportation, and recognizing that the rural western states have vast highway systems which benefit the entire nation and few people to support them;
.     Regulatory reduction and program streamlining to improve the timeliness and cost- effectiveness of highway project delivery; and
.     Respect for the uniqueness of each state's approach to managing its transportation system where one size does not fit all, so the federal government should refrain from mandating solutions and imposing sanctions on the states; and

BE IT FURTHER RESOLVED, that the President of the Senate and the Speaker of the House of Representatives send a copy of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of the South Dakota Congressional Delegation.

Was read and referred to the Committee on Transportation.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture & Natural Resources on SB 210 as found on page 676 of the House Journal; also

     Commerce on SB 208 as found on page 677 of the House Journal; also

     Commerce on SB 82 as found on page 678 of the House Journal; also

     Education on SB 189 as found on page 681 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Koskan requested that SB 202 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 117 : FOR AN ACT ENTITLED, An Act to increase the allowable value of an estate from which personal property may be collected by affidavit.

Was read the second time.

     The question being "Shall SB 117 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

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

Excused were:
Cerny; 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.

Rep. Lucas requested that SB 191 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Bill Peterson requested that SB 216 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Richard Brown moved that Second Reading of House Bills and Joint Resolutions be placed to follow Second Reading of Senate Bills and Joint Resolutions on today's calendar.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

Was read the second time.

     The question being "Shall SB 183 pass?"

     And the roll being called:

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

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

Nays were:
Collier; Crisp; Cutler; Fiegen; Hagen; Hassard; Koskan; McNenny; Moore; Pederson (Gordon); Richter; Windhorst

Excused were:
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.

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

Was read the second time.

The question being "Shall SB 262 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 2, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Broderick; 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; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Brooks; Koetzle

Absent and Not Voting were:
Crisp; Hagen

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

Was read the second time.

     The question being "Shall SB 264 pass?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 1, Absent and Not Voting 1

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

Nays were:
Barker; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Kredit; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

Excused were:
Koetzle

Absent and Not Voting were:
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.

Rep. Cutler now presiding.

SB 16 : FOR AN ACT ENTITLED, An Act to provide for the sunset of certain mandatory minimum sentences.

Was read the second time.

j-16a

Rep. Windhorst moved that SB 16 be amended as follows:

On page 2 of the Senate Judiciary committee engrossed bill , remove the overstrikes from line 9 .

On page 2 , remove the overstrikes from line 10 .

On page 2 , line 10 , after " felony " insert " . "

On page 2 , remove the overstrikes from line 12 .

On page 2 , remove the overstrikes from line 13 .

On page 2 , line 13 , after " felony " insert " . "

A roll call vote was requested and supported.

The question being on Rep. Windhorst's motion that SB 16 be amended.

And the roll being called:

Yeas 52, Nays 16, Excused 2, Absent and Not Voting 0

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Cutler; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Windhorst

Nays were:
Chicoine; Davis; de Hueck; DeMersseman; Derby; Duenwald; Gleason; Haley; Kooistra; Lucas; Matthews; Napoli; Schaunaman; Smidt; Weber; Speaker Hagg

Excused were:
Koetzle; Wick

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 16 was so amended.

     The question being "Shall SB 16 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 32, Excused 2, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Brown (Jarvis); Cerny; Chicoine; Collier; Davis; de Hueck; DeMersseman; Duxbury; Eccarius; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Pummel; Rost; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

Nays were:
Apa; Broderick; Brooks; Brosz; Brown (Richard); Crisp; Cutler; Derby; Diedrich; Duenwald; Duniphan; Fiegen; Fischer-Clemens; Fitzgerald; Hassard; Hunt; Jorgensen; Koskan; Madden; Matthews; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schaunaman; Smidt; Van Gerpen; Wetz

Excused were:
Koetzle; Wick

Absent and Not Voting were:
McNenny

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

Rep. DeMersseman announced his intention to reconsider the vote by which SB 16 was lost.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 54, 77, 86, 122, and 162.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved SB 157 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 622 of the Senate Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 157.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Shoener, Halverson, and Flowers as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1035.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Halverson, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1046.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 99 and has appointed Sens. Everist, Albers, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
PATRICIA ADAM, Secretary

The Speaker appointed as such committee Reps. Hunt, de Hueck and Collier.

APPOINTMENT OF CONFERENCE COMMITTEES

The Speaker appointed Reps. Hagg, Crisp, and Schaunaman 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 1102.

The Speaker appointed Reps. Jorgensen, de Hueck, and Moore 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 1164.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(Continued)

SB 91 : FOR AN ACT ENTITLED, An Act to clarify certain provisions concerning the enhancement of penalties for habitual criminals.

Was read the second time.

t-91

Rep. Collier moved that SB 91 be amended as follows:

On page 2 , line 4 of the Senate Judiciary committee engrossed bill , delete everything after " sentence " and insert " ~~for a Class 1 felony~~ of life imprisonment without parole . "

On page 2 , delete line 5 .

Which motion prevailed and SB 91 was so amended.

The question being "Shall SB 91 pass as amended?"

And the roll being called:

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

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

Excused were:
Koetzle; Wick

Absent and Not Voting were:
Eccarius

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.

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

z-166

Rep. Richter moved that SB 166 be amended as follows:

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

"Section 1. That § 13-53-6 be amended as follows:

The ~~board~~ Legislature shall fix all rates of tuition and other fees to be paid by students."

z-166a

Rep. Hunt moved that Rep. Richter's pending amendment to SB 166 be amended as follows:

On line 3 of Rep. Richter's pending amendment , overstrike " fix " and insert " approve " .

Rep. Jorgensen requested that Joint Rule 5-17 be invoked on SB 166.

Rep. Richter rose to a point of order concerning the timeliness of Joint Rule 5-17.

Rep. Cutler ruled the deadline has passed for using Joint Rule 5-17.

Rep. Jorgensen moved that SB 166 with pending amendments be deferred until Thursday, February 27th, the 33rd legislative day.

A roll call vote was requested and supported.

     The question being on Rep. Jorgensen's motion that SB 166 with pending amendments be deferred until Thursday, February 27th, the 33rd legislative day.

     And the roll being called:

     Yeas 43, Nays 24, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Munson (Donald); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Speaker Hagg

Nays were:
Brown (Richard); DeMersseman; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Jaspers; Johnson (Doug); Konold; Koskan; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Putnam; Richter; Van Gerpen; Wetz; Windhorst

Excused were:
de Hueck; Koetzle; Wick

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 166 was so deferred.

SB 160 : FOR AN ACT ENTITLED, An Act to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

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

Rep. Belatti moved that SB 160 be placed to follow SB 188 on today's calendar.

Which motion prevailed.

SB 263 : FOR AN ACT ENTITLED, An Act to revise certain provisions of the physician tuition reimbursement program and the medical education scholarship program.

Was read the second time.

o-263h

Rep. Gabriel moved that SB 263 be amended as follows:

On page 4 , line 7 of the House State Affairs committee engrossed bill , after " of " insert " determining eligibility under " .

Which motion prevailed and SB 263 was so amended.

r-263

Rep. Hagg moved that SB 263 be further amended as follows:

On page 4 of the House State Affairs committee engrossed bill , after line 8 , insert:

" Section 9. Notwithstanding any provision of HB 1233 as previously enacted by the Seventy-second Legislative Assembly, any physician locating in a community pursuant to the provisions of chapter 1-16A may, in conjunction therewith, start a specialized hospital. "

Rep. Lucas rose to a point of order that the amendment was not germane.

Rep. Cutler ruled the amendment was germane.

     Rep. Fischer-Clemens moved that Rep. Hagg's motion to further amend SB 263 be laid on the table.

    A roll call vote was requested and supported.

     The question being on Rep. Fischer-Clemens' motion that Rep. Hagg's motion to further amend SB 263 be laid on the table.


     And the roll being called:

Yeas 37, Nays 28, Excused 3, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Collier; Davis; DeMersseman; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Jaspers; Jorgensen; Kazmerzak; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Munson (Donald); Pederson (Gordon); Putnam; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Wetz

Nays were:
Brown (Richard); Chicoine; Cutler; de Hueck; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Hassard; Hunt; Johnson (Doug); Konold; Madden; Matthews; McNenny; Monroe; Napoli; Peterson (Bill); Pummel; Richter; Roe; Rost; Schrempp; Waltman; Weber; Windhorst; Speaker Hagg

Excused were:
Koetzle; Koskan; Wick

Absent and Not Voting were:
Crisp; Haley

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Hagg's amendment to SB 263 was laid on the table.

     The question being "Shall SB 263 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; 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; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

Nays were:
Brown (Jarvis); Monroe; Moore; Napoli

Excused were:
Koetzle; Koskan; Wick

Absent and Not Voting were:
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.

Speaker Hagg now presiding.

SB 188 : FOR AN ACT ENTITLED, An Act to revise the property exempt from execution, attachment, garnishment, seizure, or taking by any legal process and to provide certain exceptions.

Was read the second time.

o-188e

Rep. Hunt moved that SB 188 be amended as follows:

On page 1 , line 15 of the Senate engrossed bill , delete " The " .

On page 1 , delete line 16 .

On page 2 , line 1 , delete " law. However, this " and insert " This " .

Which motion prevailed and SB 188 was so amended.

     The question being "Shall SB 188 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 6, Excused 3, Absent and Not Voting 1

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

Nays were:
Duenwald; Fiegen; Koskan; Monroe; Wetz; Windhorst

Excused were:
Koetzle; Madden; Wick

Absent and Not Voting were:
McNenny

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

r-160h

Rep. Belatti moved that SB 160 be amended as follows:

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

" Section 1. Notwithstanding the provisions of § 32-12-52.3, 32-12-52.4, 32-23-2, or 32-23- 3, if the court revokes or suspends, pursuant to such statute, the driving privileges of any person under the age of eighteen, no order permitting such person to operate a motor vehicle for purposes of the person's employment or attendance at school may be issued by the court. "

j-160c

Rep. Broderick moved as a substitute motion that SB 160 be amended as follows:

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

" Section 1. That § 32-23-1 be amended to read as follows:

32-23-1. A No person may ~~not~~ drive or be in actual physical control of any vehicle while:

(1) There is 0.10 percent or more by weight of alcohol in ~~his~~ the person's blood as shown by chemical analysis of ~~his~~ the person's breath, blood or other bodily substance;

(2) Under the influence of an alcoholic beverage;

(3) Under the influence of marijuana or any controlled drug or substance to a degree which renders ~~him~~ the person incapable of safely driving; or

(4) Under the combined influence of an alcoholic beverage and marijuana or any controlled drug or substance to a degree which renders ~~him~~ the person incapable of safely driving ; or

(5) Being under the age of twenty-one years, there is 0.02 percent or more by weight of alcohol in the person's blood as shown by chemical analysis of the person's breath, blood, or other bodily substance .

Section 2. That § 32-23-7 be amended to read as follows:

32-23-7. In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of intoxicating liquor, or a violation of § 22-16-41, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance shall give rise to the following presumptions:

(1) If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor;

(2) If there was at that time in excess of five hundredths percent but less than ten hundredths percent by weight of alcohol in the defendant's blood, such fact ~~shall~~ does not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;

(3) If there was at that time ten hundredths percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor ;

Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeters of whole blood or 2100 cubic centimeters of deep lung breath. "

Rep. Sokolow moved that Rep. Broderick's substitute motion to amend SB 160 be laid on the table.

    A roll call vote was requested and supported.

     The question being on Rep. Sokolow's motion that Rep. Broderick's substitute motion to amend SB 160 be laid on the table.


     And the roll being called:

Yeas 40, Nays 28, Excused 1, Absent and Not Voting 1

Yeas were:
Apa; Barker; Belatti; Brosz; Brown (Jarvis); Cerny; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Lee; Lockner; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Putnam; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

Nays were:
Broderick; Brooks; Brown (Richard); Chicoine; Derby; Fiegen; Fischer-Clemens; Hunt; Jaspers; Jorgensen; Konold; Kooistra; Koskan; Kredit; Lucas; Madden; Matthews; McNenny; Peterson (Bill); Pummel; Richter; Roe; Smidt; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Koetzle

Absent and Not Voting were:
Weber

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Broderick's motion to amend SB 160 was laid on the table.

j-160

Rep. Matthews moved as a substitute motion that SB 160 be amended as follows:

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

" Section 1. That § 32-23-1 be amended to read as follows:

32-23-1. A No person may ~~not~~ drive or be in actual physical control of any vehicle while:

(1) There is 0.10 percent or more by weight of alcohol in ~~his~~ the person's blood as shown by chemical analysis of ~~his~~ the person's breath, blood, or other bodily substance;

(2) Under the influence of an alcoholic beverage;

(3) Under the influence of marijuana or any controlled drug or substance to a degree which renders ~~him~~ the person incapable of safely driving; or

(4) Under the combined influence of an alcoholic beverage and marijuana or any controlled drug or substance to a degree which renders ~~him~~ the person incapable of safely driving ; or

(3) If there was at that time ten hundredths percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor ;

(4) If the defendant is under twenty-one years of age and there was at that time two hundredths percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor .

Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeters of whole blood or 2100 cubic centimeters of deep lung breath.

Section 3. That § 32-12-52.4 be amended to read as follows:

32-12-52.4. Upon a first conviction for violation, while in a motor vehicle or any public place , of § 35-9-2, the court shall suspend the driver's license or driving privilege of any driver of a vehicle who was under the age of twenty-one when the offense occurred, for a period of six months.

Upon a second or subsequent conviction for a violation, while in a motor vehicle or any public place , of § 35-9-2, the court shall suspend the driver's license or driving privilege of any driver of a vehicle who was under the age of twenty-one when the offense occurred, for a period of one year. For any offense under this section, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school.

Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Commerce and Regulation of any conviction for a violation, while in a motor vehicle or any public place , of § 35-9-2 or chapter 32-23. The period of suspension shall begin on the date the person's suspended driver's license is received by the court or the Department of Commerce and Regulation. At the expiration of the period of suspension, a person may make application to have the license reinstated and pay the license fee as prescribed in § 32-12-47.1. "

     Rep. McNenny moved that SB 160 and all pending amendments be laid on the table.

     The question being on Rep. McNenny's motion that SB 160 and all pending amendments be laid on the table.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 47, Nays 20, Excused 3, Absent and Not Voting 0

     Yeas were:
Barker; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Cutler; de Hueck; Diedrich; Duenwald; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

Nays were:
Apa; Belatti; Brown (Jarvis); Crisp; Davis; DeMersseman; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Koskan; Lucas; Matthews; Pummel; Rost; Van Gerpen; Volesky; Wick

Excused were:
Koetzle; Putnam; Richter

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 160 with pending amendments was laid on the table.

SB 230 : FOR AN ACT ENTITLED, An Act to provide for a refund of certain taxes attributed to the construction of new residential housing.

Was read the second time.

Rep. Hagen moved the previous question.

Which motion prevailed.

     The question being "Shall SB 230 pass?"

     And the roll being called:

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

     Yeas were:
Barker; Belatti; Brown (Richard); Cerny; Chicoine; Collier; Davis; Derby; Duniphan; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Lee; Lockner; Lucas; Madden; Moore; Napoli; Peterson (Bill); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst; Speaker Hagg

Nays were:
Apa; Broderick; Brooks; Brosz; Brown (Jarvis); Crisp; Cutler; de Hueck; DeMersseman; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz

Excused were:
Koetzle; Wick

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

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

Was read the second time.

The question being "Shall SB 244 pass?"

And the roll being called:

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

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; 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; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

Nays were:
Gabriel; Wetz

Excused were:
Koetzle; Pederson (Gordon); Wick

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 48 : FOR AN ACT ENTITLED, An Act to authorize construction of an animal resource addition to the animal disease research and diagnostic laboratory at South Dakota State University and to provide for its funding.

Was read the second time.

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 57, Nays 8, Excused 3, Absent and Not Voting 2

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

Nays were:
Barker; Collier; Davis; Eccarius; Hassard; Napoli; Richter; Windhorst

Excused were:
Gabriel; Koetzle; Pederson (Gordon)

Absent and Not Voting were:
Crisp; Duniphan

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 51 : FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to erect an unheated storage building on the campus of Black Hills State University.

Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 2, Absent and Not Voting 1

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

Nays were:
Barker; Davis; de Hueck; Eccarius; Koskan; Lockner; Monroe; Moore; Napoli; Richter

Excused were:
Gabriel; Koetzle

Absent and Not Voting were:
Volesky

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 73 : FOR AN ACT ENTITLED, An Act to increase certain license fees and other fees charged by the Office of the Secretary of State.

Was read the second time.

     The question being "Shall SB 73 pass?"

     And the roll being called:

     Yeas 47, Nays 20, Excused 3, Absent and Not Voting 0

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

Nays were:
Barker; Cerny; Collier; Davis; Gleason; Hagen; Haley; Hassard; Lee; Lockner; Lucas; Moore; Napoli; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst

Excused were:
Duxbury; Koetzle; McNenny

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

SB 158 : FOR AN ACT ENTITLED, An Act to allow the Cosmetology Commission to license nail technicians separately from other cosmetologists, to provide for a nail shop license, and to revise certain provisions concerning the Cosmetology Commission.

Was read the second time.

     The question being "Shall SB 158 pass?"

     And the roll being called:

     Yeas 48, Nays 18, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Madden; Matthews; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst

Nays were:
Barker; Cerny; Davis; Gabriel; Gleason; Hagen; Haley; Koskan; Lucas; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Schaunaman; Sokolow; Wetz; Speaker Hagg

Excused were:
Duxbury; Koetzle; McNenny

Absent and Not Voting 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.

SB 24 : FOR AN ACT ENTITLED, An Act to clarify payment of state aid to education by defining which schools are included in computation of average daily membership.

Was read the second time.

Rep. Cutler moved that SB 24 be deferred until Thursday, February 27th, the 33rd legislative day.

Which motion prevailed and the bill was so deferred.

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 Thursday, February 27th, the 33rd 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 Thursday, February 27th, the 33rd legislative day.

     And the roll being called:

     Yeas 65, Nays 1, Excused 2, Absent and Not Voting 2

     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; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; 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

Nays were:
Volesky

Excused were:
Koetzle; McNenny

Absent and Not Voting were:
Barker; Hagen

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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1002, 1010, 1032, 1049, 1068, 1078, 1085, 1093, 1101, 1109, 1114, 1143, 1147, 1162, 1163, 1170, 1274, and 1280 and finds the same correctly enrolled.

Respectfully submitted,

Rex Hagg, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the registration of canceled livestock brands.

     HB 1010: FOR AN ACT ENTITLED, An Act to revise the definitions of real and personal property.

     HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the procedures used to impose an additional or excess tax levy for property tax purposes.

     HB 1049: FOR AN ACT ENTITLED, An Act to establish an insurance examination fund and prescribe certain requirements for insurers subject to examination.

     HB 1068: FOR AN ACT ENTITLED, An Act to provide for six-person juries in small claims actions.

     HB 1078: FOR AN ACT ENTITLED, An Act to allow a school board to request a levy in dollars per thousand dollars of taxable valuation to meet its budget.

     HB 1085: FOR AN ACT ENTITLED, An Act to clarify situations in which high school seniors are excused from school make up days and to declare an emergency.

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

     HB 1101: FOR AN ACT ENTITLED, An Act to provide the director of insurance rule- making authority to require proper disclosure and prohibit misrepresentation of life insurance policies.

     HB 1109: FOR AN ACT ENTITLED, An Act to revise the minerals and materials that may be mined under a mining license, to revise certain cement plant reporting requirements, and to revise the requirements for signatures on certain cement plant leases and conveyances.

     HB 1114: FOR AN ACT ENTITLED, An Act to define certain property for property tax purposes.

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

     HB 1147: FOR AN ACT ENTITLED, An Act to provide for directed trusts.

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

     HB 1163: FOR AN ACT ENTITLED, An Act to provide a provision allowing any regional railroad authority to opt out of the taxing authority provided pursuant to chapter 49-17A.

     HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shoplifting.

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

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

     SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the elimination of railroad crossings.

     SB 90: FOR AN ACT ENTITLED, An Act to provide for jury districts.

     SB 92: FOR AN ACT ENTITLED, An Act to increase certain fees for a clerk of court records search.

     SB 125: FOR AN ACT ENTITLED, An Act to revise the membership of the commission on uniform legislation.

     SB 127: FOR AN ACT ENTITLED, An Act to revise the eligibility for workers compensation to any person providing voluntary services to a fire department, ambulance service, or rescue squad and to declare an emergency.

     SB 150: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a commercial driver's instruction permit and to clarify the issuance of a commercial driver's license work permit.

     SB 155: FOR AN ACT ENTITLED, An Act to revise the responsibilities of counties providing for prisoner care and the liability of prisoners for reimbursing the county for costs incurred.

     SB 163: FOR AN ACT ENTITLED, An Act to authorize certain counties to issue one additional on-sale liquor license under certain conditions.

     SB 190: FOR AN ACT ENTITLED, An Act to provide legislative approval of certain operations of the Sioux Falls/Regional Sanitary Landfill.

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

     And signed the same in the presence of the House.

Rep. Lee moved that the House do now adjourn, which motion prevailed, and at 6:32 p.m. the House adjourned.

KAREN GERDES, Chief Clerk