House Journal 02/27/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 27, 1997

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Jordan Clark.

     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-second 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 Taxation respectfully reports that it has had under consideration SB 128 and 13 which were deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill 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 211 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 126 and 165 and returns the same with the recommendation that said bills 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 138 which was deferred to the 41st legislative day.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 228 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill be amended as follows:

t-137h

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

" Section 1. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of § 41-6-71 notwithstanding and as further limited and restricted by this Act, a license for the hunting of west river deer that is available for issuance to a person eighteen years of age or older on the basis of landowner preference pursuant to § 41-6-21 and rules promulgated pursuant to § 41-6-21 may be transferred, with or without payment or consideration, to any resident or nonresident who is otherwise qualified to apply for hunting privileges in South Dakota.

No license may be transferred unless the transferor actually operates or lives as owner or tenant on at least six hundred forty acres of agricultural, timber, or grazing land located within the State of South Dakota west of the Missouri River. The transferred license is only valid for hunting during the applicable season on land within the designated west river hunting unit subject to the approved application.

Section 2. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish or authorize written forms, applications, fees, procedures, criteria, quotas, and types of licenses available for issuance based on landowner preference and transfer and shall promulgate rules to implement the provisions of this Act. The commission shall establish, by rule, a fee for the transferable license of no less than two hundred fifty dollars. However, the number of licenses made available by the commission for transfer may not be less than fifty percent of the licenses made available to west river landowners as landowner preference licenses in each designated hunting unit.

Section 3. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

Any revenue received from the sale of a license available for transfer pursuant to section 1 of this Act that exceeds the cost of a license issued to a landowner on the basis of preference not subject to transfer shall be deposited in a sportsmen access and habitat development fund, which is hereby established in the state treasury, to be made available for expenditure by the department and commission to provide public hunting access during that calendar year. No money from this fund may be used to purchase land in fee title.

Section 4. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

If any person is issued a transferable license pursuant to this Act, the department may not provide any big game depredation assistance to the person or on any land owned, leased, or managed by the person for twelve months following the transfer. "

t-137tb

On page 1 , line 1 , delete everything after " to " and insert " authorize the transfer of certain big game hunting licenses. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

c-154

On page 2 , after line 7 of the Senate Education Committee engrossed bill , insert:

Section 4. To establish the school district special education fund statutory carryover excluding federal funds, the following calculations shall be performed:

(1) divide the total federal special education revenue by the total special education revenues; and

(2) multiply the federal special education percentage calculated in (1) times the total special education fund balance; and

(3) deduct the amount of federal revenue calculated in (2) from the special education fund balance. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 170 and returns the same with the recommendation that said bill be amended as follows:

t-170b

On page 2 of the Senate engrossed bill , after line 9 , insert:

" Section 4. A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. Further release or use of a student's individual test scores is governed by the federal Family Educational Rights and Privacy Act (FERPA), as implemented in 34 CFR part 99, and may only occur with written permission from the student's parent or guardian or, in the case of an emancipated student, from the student.

Section 5. Separate academic achievement tests shall be designed to meet the needs of students in need of special education or special education and related services. The tests shall be administered unless it is determined by the local placement committee that the tests are not part of the student's free appropriate public education program. The student's waiver shall be set forth in the student's individual education plan. "

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 return herewith HB 1045, 1145, 1146, 1155, 1159, 1165, 1182, 1185, 1192, 1207, 1223, 1229, 1263, 1265, 1269, and 1278 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1075, 1089, 1150, 1158, 1167, 1177, and 1272 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Albers, and Hunhoff 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 1102.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Whiting, Drake, and Lawler 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 1164.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Cutler moved that the House do concur in the Senate amendments to HB 1005.

     The question being on Rep. Cutler's motion that the House do concur in the Senate amendments to HB 1005.

     And the roll being called:

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

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

Excused were:
Derby; Koetzle

Absent and Not Voting were:
Gabriel; Richter

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 1005 were concurred in.

     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1087.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1087.

     And the roll being called:

     Yeas 66, Nays 2, Excused 1, Absent and Not Voting 1

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

Nays were:
Barker; Collier

Excused were:
Koetzle

Absent and Not Voting were:
Gabriel

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 1087 were concurred in.

     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1259.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1259.

     And the roll being called:

     Yeas 54, Nays 14, Excused 1, Absent and Not Voting 1

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

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

Excused were:
Koetzle

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

No member moved to reconsider the vote by which SB 16 was lost.

Rep. Cutler moved that the Committee on Taxation be instructed to deliver SB 13 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 28th, the 34th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 143 as found on page 709 of the House Journal; also

     State Affairs on SB 259 as found on page 709 of the House Journal; also

     State Affairs on SB 266 as found on page 710 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 82 : FOR AN ACT ENTITLED, An Act to revise the South Dakota Uniform Securities Act to conform with the provisions of the National Securities Markets Improvement Act of 1996.

Was read the second time.

     The question being "Shall SB 82 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; 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

Nays were:
de Hueck

Excused were:
Derby; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1222 : FOR AN ACT ENTITLED, An Act to establish a universal telecommunications service fund.

Was read the second time.

     The question being "Shall HB 1222 pass?"

     And the roll being called:

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

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

Nays were:
Jorgensen; Moore; Windhorst

Excused were:
Koetzle

Absent and Not Voting were:
Cutler; Munson (Donald)

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

Speaker Pro tempore Hunt now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 186 : FOR AN ACT ENTITLED, An Act to revise certain requirements and rule making authority relating to implementation of a hunter safety course.

Was read the second time.

f-186

Rep. Lee moved that SB 186 be amended as follows:

On page 1 , line 13 of the printed bill , remove the overstrikes from " ~~shall~~ " .

On page 1 , line 13 , delete " may " .

Which motion prevailed and SB 186 was so amended.

     The question being "Shall SB 186 pass as amended?"

     And the roll being called:

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

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

Nays were:
Hassard; Windhorst

Excused were:
Koetzle; Speaker Hagg

Absent and Not Voting were:
Cutler

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

SB 269 : FOR AN ACT ENTITLED, An Act to increase the penalties for certain hunting and fishing violations and to provide for an increase in the civil liquidated damages payable to the Department of Game, Fish and Parks under certain circumstances.

Was read the second time.

     The question being "Shall SB 269 pass?"

     And the roll being called:

     Yeas 56, Nays 9, Excused 3, Absent and Not Voting 2

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

Nays were:
Barker; Duenwald; Kazmerzak; Koskan; McNenny; Napoli; Schrempp; Waltman; Windhorst

Excused were:
Koetzle; Konold; Speaker Hagg

Absent and Not Voting were:
Collier; Duxbury

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.

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Waltman moved that the Committee on Taxation be instructed to deliver SB 128 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

SB 202 : FOR AN ACT ENTITLED, An Act to regulate certain agricultural contracts.

Was read the second time.

Rep. Crisp moved that SB 202 be deferred until Friday, February 28th, the 34th legislative day.

Which motion prevailed and the bill was so deferred.

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

Was read the second time.

     The question being "Shall SB 191 pass?"

     And the roll being called:

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

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

Nays were:
Volesky

Excused were:
Koetzle; Kredit

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

Was read the second time.

     The question being "Shall SB 216 pass?"

     And the roll being called:

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

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

Nays were:
Collier; Davis; Duxbury; Volesky

Excused were:
Apa; Barker; Belatti; Cutler; Diedrich; Koetzle; Koskan; Kredit; Napoli; Waltman; Wick

Absent and Not Voting were:
Kazmerzak

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.

     The question being on Rep. Hunt's pending motion to amend Rep. Richter's pending amendment to SB 166 as found on page 724 of the House Journal.

z-166c

Rep. Richter moved that his pending amendment to SB 166 be amended as follows:

On page 724 of the House Journal , delete lines 24 to 28 , inclusive , and insert " The ~~board~~ Legislature shall ~~fix~~ approve all rates of tuition ~~and other fees~~ to be paid by students beginning with all rates assessed during state fiscal year 1999. The board may fix any other fees paid by students . "

Which motion prevailed and SB 166 was so amended.

     The question being "Shall SB 166 pass as amended?"

     And the roll being called:

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

     Yeas were:
Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst

Nays were:
Apa; Barker; Broderick; Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Duxbury; Fischer- Clemens; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Kooistra; Lee; Lockner; Lucas; Moore; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg

Excused were:
Koetzle

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.

z-166t

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

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " approve tuition setting authority with the Legislature. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

Rep. Roe announced his intention to reconsider the vote by which SB 166 was passed.

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.

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

     The question being "Shall SB 24 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; 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

Nays were:
Duenwald

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 210 : FOR AN ACT ENTITLED, An Act to regulate certain conduct involving fires on public land and to establish related penalties.

Was read the second time.

     The question being "Shall SB 210 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Kredit; Lee; Madden; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Davis; de Hueck; Fiegen; Gleason; Haley; Kazmerzak; Koskan; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Schaunaman; Schrempp; Volesky; Waltman

Excused were:
Koetzle; Munson (Donald)

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

Was read the second time.

     The question being "Shall SB 208 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, 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; 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; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Hassard; Napoli

Excused were:
Koetzle; Munson (Donald); Windhorst

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.

SB 189 : FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to make certain lease payments from the educational facilities fund.

Was read the second time.

j-189

Rep. Wetz moved that SB 189 be amended as follows:

On page 1 , line 12 of the House Education committee engrossed bill , after " payments " insert " as authorized by the Legislature, " .

Which motion prevailed and SB 189 was so amended.

t-189b

Rep. Richter moved that SB 189 be amended as follows:

On page 1 , line 12 of the House Education committee engrossed bill , after " payments " insert " not to exceed two hundred fifty thousand dollars annually " .

Rep. de Hueck moved that Rep. Richter's pending amendment be amended as follows:

On line 2 of Rep. Richter's amendment after "annually" insert ", and".

    Which motion prevailed and Rep. Richter's pending amendment to SB 189 was so amended.

     The question now being on Rep. Richter's pending amendment to SB 189 as amended.

     Rep. Cutler moved that SB 189 with Rep. Richter's pending amendment be laid on the table.

     The question being on Rep. Cutler's motion that SB 189 with Rep. Richter's pending amendment be laid on the table.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 40, Nays 28, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brooks; Cerny; Chicoine; Collier; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Fitzgerald; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koskan; Kredit; Lee; Lockner; Madden; McNenny; Moore; Napoli; Pummel; Putnam; Roe; Schrempp; Smidt; Sokolow; Sperry; Volesky; Weber; Wetz; Windhorst

Nays were:
Belatti; Brosz; Brown (Jarvis); Brown (Richard); Davis; de Hueck; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Hassard; Hunt; Johnson (Doug); Konold; Kooistra; Lucas; Matthews; Monroe; Pederson (Gordon); Peterson (Bill); Richter; Rost; Schaunaman; Van Gerpen; Waltman; Wick; Speaker Hagg

Excused were:
Koetzle; Munson (Donald)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 189 with pending amendment was laid on the table.

SB 62 : FOR AN ACT ENTITLED, An Act to require a personal representative to include social security numbers of deceased medical assistance recipients in certain notices provided to the Department of Social Services.

Was read the second time.

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 46, Nays 17, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schrempp; Van Gerpen; Waltman; Weber; Wetz; Wick

Nays were:
Chicoine; Collier; Crisp; Davis; Duxbury; Haley; Hunt; Kazmerzak; Lockner; McNenny; Monroe; Moore; Napoli; Sokolow; Volesky; Windhorst; Speaker Hagg

Excused were:
Hassard; Koetzle; Munson (Donald); Putnam; Schaunaman; Smidt

Absent and Not Voting were:
Sperry

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 106 : FOR AN ACT ENTITLED, An Act to provide for protection orders in cases of stalking.

Was read the second time.

     The question being "Shall SB 106 pass?"

     And the roll being called:

     Yeas 58, Nays 3, Excused 5, Absent and Not Voting 4

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

Nays were:
DeMersseman; Hunt; Speaker Hagg

Excused were:
Koetzle; Munson (Donald); Putnam; Schaunaman; Smidt

Absent and Not Voting were:
Crisp; Gabriel; Sperry; Van Gerpen

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 75 : FOR AN ACT ENTITLED, An Act to clarify the acts that constitute unfair claims practice and establish requirements for claims practices and procedures.

Was read the second time.

Rep. Hunt moved that SB 75 be deferred until Friday, February 28th, the 34th legislative day.

Which motion prevailed and the bill was so deferred.

SB 175 : FOR AN ACT ENTITLED, An Act to provide for the regulation of certain intrastate motor carriers.

Was read the second time.

     The question being "Shall SB 175 pass?"

     And the roll being called:

     Yeas 27, Nays 35, Excused 6, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brosz; Brown (Jarvis); Davis; DeMersseman; Derby; Eccarius; Fischer- Clemens; Hunt; Jorgensen; Konold; Kooistra; Kredit; Lee; Lockner; Madden; Matthews; Napoli; Pummel; Roe; Rost; Smidt; Sperry; Volesky; Wick; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Diedrich; Duenwald; Duxbury; Fiegen; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Kazmerzak; Koskan; Lucas; McNenny; Monroe; Moore; Pederson (Gordon); Peterson (Bill); Putnam; Schrempp; Sokolow; Van Gerpen; Waltman; Weber; Wetz

Excused were:
de Hueck; Koetzle; Munson (Donald); Richter; Schaunaman; Windhorst

Absent and Not Voting were:
Duniphan; Hagen

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

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

Was read the second time.

The question being "Shall SB 184 pass?"

     And the roll being called:

     Yeas 37, Nays 30, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Cerny; Chicoine; Davis; de Hueck; Derby; Duenwald; Duniphan; Eccarius; Fischer-Clemens; Fitzgerald; Hassard; Hunt; Jaspers; Konold; Kooistra; Koskan; Kredit; Lee; Matthews; Moore; Napoli; Peterson (Bill); Pummel; Putnam; Rost; Smidt; Sokolow; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Brown (Jarvis); Brown (Richard); Collier; Crisp; Cutler; DeMersseman; Diedrich; Duxbury; Fiegen; Gabriel; Gleason; Haley; Johnson (Doug); Jorgensen; Kazmerzak; Lockner; Lucas; Madden; McNenny; Monroe; Pederson (Gordon); Richter; Roe; Schaunaman; Schrempp; Sperry; Van Gerpen; Waltman; Weber

Excused were:
Koetzle; Munson (Donald)

Absent and Not Voting were:
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 214 : FOR AN ACT ENTITLED, An Act to exempt law enforcement officers from the requirement of the use of motor vehicle lights under certain circumstances.

Was read the second time.

j-214a

Rep. de Hueck moved that SB 214 be amended as follows:

On page 1 , line 12 of the printed bill, after " lights " insert " under this section " .

Which motion prevailed and SB 214 was so amended.

j-214b

Rep. Windhorst moved that SB 214 be further amended as follows:

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

" Section 2. The provisions of this Act do not apply to the Department of Game, Fish and Parks. "

Rep. Matthews moved that Rep. Windhorst's motion to amend SB 214 be laid on the table.

Which motion prevailed and Rep. Windhorst's motion to amend SB 214 was laid on the table.

Rep. DeMersseman moved the previous question.

Which motion prevailed.

     The question being "Shall SB 214 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent and Not Voting 0

Yeas were:
Belatti; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lucas; Matthews; McNenny; Peterson (Bill); Pummel; Richter; Roe; Rost; Smidt; Van Gerpen; Volesky; Wick; Speaker Hagg

Nays were:
Apa; Barker; Broderick; Brooks; Cerny; Collier; Davis; Duenwald; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Kooistra; Lee; Lockner; Madden; Monroe; Moore; Napoli; Pederson (Gordon); Putnam; Schaunaman; Schrempp; Sokolow; Sperry; Waltman; Weber; Wetz; Windhorst

Excused were:
Koetzle; Munson (Donald)

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.

REPORTS OF CONFERENCE COMMITTEE

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1035 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted, Respectfully submitted,

BILL NAPOLI     JERRY J. SHOENER
DAN MATTHEWS    HAROLD W. HALVERSON
PAT HALEY     CHARLES E. FLOWERS
House Committee    Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Whiting, Daugaard, and Rebecca Dunn 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 SB 43.

The Speaker appointed as such committee Reps. Jarvis Brown, Belatti, and Gleason.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Whiting, Brown, and Reedy 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 SB 156.

The Speaker appointed as such committee Reps. Hagg, Derby, and Kazmerzak.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Paisley and Rebecca Dunn 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 SB 194.

The Speaker appointed as such committee Reps. Roe, Cutler, and Haley.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 63, 101, 116, 145, and 152.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson and Hunhoff as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to legislative days.

Respectfully,
PATRICIA ADAM, Secretary

There being no objection the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Gabriel moved 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 relative to legislative days.

Which motion prevailed and the Speaker appointed as such committee Reps. Cutler, Gabriel, and Haley.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1048, 1071, 1096, 1103, 1108, 1142, 1183, 1188, 1267, and HJR 1001 and 1004 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the property and casualty Insurance Guaranty Association.

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

     HB 1096: FOR AN ACT ENTITLED, An Act to reduce the term of office and revise the qualifications of notaries public.

     HB 1103: FOR AN ACT ENTITLED, An Act to permit the Animal Industry Board to keep reports of contagious disease confidential.

     HB 1108: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to soil erosion and sediment damage control.

     HB 1142: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the Division of Rehabilitation Services.

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

     HB 1267: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning restitution to victims.

     HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III of the Constitution of the State of South Dakota, relating to the authority of a special interim legislative committee to approve the transfer of appropriated funds.

     HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

     And signed the same in the presence of the House.

Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed, and at 5:40 p.m. the House adjourned.

KAREN GERDES, Chief Clerk