House Journal 03/03/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

THIRTY-FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
March 3, 1997

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

     The prayer was offered by the Chaplain, Pastor Paul Kondy, followed by the Pledge of Allegiance led by House page Michelle Foster.

     Roll Call: All members present except Reps. Koetzle and Schrempp who were 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-fourth 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.

HONORED GUESTS

Mr. Speaker introduced Girls' State Governor Kristen Knudson and Boys' State Governor Timothy D. Vanderham.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1013, 1058, 1067, 1074, 1076, 1105, 1117, 1140, and 1241, 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 1002, 1010, 1032, 1038, 1047, 1048, 1049, 1055, 1068, 1071, 1078, 1079, 1080, 1085, 1093, 1095, 1096, 1097, 1101, 1103, 1108, 1109, 1112, 1114, 1125, 1142, 1147, 1148, 1153, 1162, 1163, 1170, 1178, 1183, 1184, 1267, 1274 and 1280 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 3, 1997.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HJR 1001 and 1004 were delivered to her Excellency, the Secretary of State, for filing at 10:45 a.m., March 3, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 242 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill be amended as follows:

o-112m

On page 2 of the Senate Judiciary committee engrossed bill , delete lines 3 to 10 , inclusive .

o-112t

On page 1 , line 2 of the Senate Judiciary committee engrossed bill , delete " and to require the reporting of certain thefts, abuse, neglect, and exploitation " .

And as so amended said bill do pass.

Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 109 which was tabled.

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 171, 268 and 93 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 100 and returns the same with the recommendation that said bill be amended as follows:

R-100g

On page 1 of the Senate Judiciary committee engrossed bill , delete lines 5 to 7 , inclusive , and insert:

" 25-5A-14. The personal presence of ~~the petitioner or petitioners at the hearing shall be jurisdictional; provided however, that all persons whose consent is necessary, except the mother, may appear by a person~~ one parent at the hearing is required for jurisdictional purposes.

However, any other person whose consent is necessary, may appear by filing with the court a power of attorney. "

On page 1 , line 8 , delete " the mother has abandoned the child for six months, the presence of the " .

On page 1 , delete line 9 .

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

r-102n

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

" Section 1. That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:

Any two or more public agencies with law enforcement powers may enter into reciprocal interstate agreements to allow their respective certified law enforcement officers to cross state lines to provide assistance to the requesting agency.

Section 2. That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:

Any certified law enforcement officer acting under a reciprocal interstate law enforcement agreement shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction and shall have the same authority as any other certified law enforcement officer of the requesting agency. A certified law enforcement officer is any employee of the public agency who is certified as a law enforcement officer under its state laws and is responsible for the prevention and detection of crime and the enforcement of criminal or traffic laws in their respective jurisdictions.

Section 3. That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:

In addition to the other requirements in chapter 1-24, the parties to an interstate law enforcement agreement shall agree to the following:

(1) That all law enforcement officers subject to the agreement shall be trained and certified as law enforcement officers in accordance with the laws of the state where such officers are employed, and if so trained and certified shall have the authority to

act as a law enforcement officer within the jurisdiction of the requesting agency while responding to the request; and

(2) Any law enforcement officer responding to a request shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those certified law enforcement officers responding to requests.

Section 4. That chapter 1-24 be amended by adding thereto a NEW SECTION to read as follows:

All reciprocal interstate law enforcement agreements must be approved by the Governor. "

r-102t

On page 1 , line 1 of the printed bill , delete " revise certain provisions regarding street gang activity. " and insert " provide for interstate joint power agreements for the exercise of police powers. "

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

r-42g

On page 4 of the Senate engrossed bill delete lines 4 to 24 , inclusive , and insert:

" Section 8. No state officer or employee who approves, awards or administers a contract with the state, involving the expenditure of public funds or the sale or lease of state property, may have an interest in a contract which is within the scope of the officer's or employee's official duties. This prohibition includes officers or employees who, in their official capacity, recommend the approval or award of the contract or who supervise a person who approves, awards or administers the contract. This prohibition does not include officers who serve without compensation or who may be paid per diem pursuant to § 4-7-10.4. Any contract made in violation of this section is void. Any officer or employee who knowingly violates this section is guilty of a Class 2 misdemeanor. "

Delete pages 5 to 7 , inclusive .

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

r-44d

On page 6 of the Senate Judiciary committee engrossed bill , between lines 1 and 2 , insert:

" Section 9. Notwithstanding the provisions of section 8 of this Act, no person may change the designated telecommunications company as defined in § 49-31-1(9) which is providing service to a consumer without the written confirmation of that consumer. It is a violation of this Act for any person to make such an unauthorized change. "

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

r-15b

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

" Section 1. The court, upon the conviction of any person of a violation of the provisions of chapter 22-22 in which the victim was a child or upon an adjudication of a juvenile as a delinquent child for a violation of the provisions of chapter 22-22 in which the victim was a child, may, as a part of the sentence or adjudication, order that the defendant or delinquent child not:

(1) Reside within one mile of the victim's residence unless the person is residing in a juvenile detention facility, jail, or state corrections facility;

(2) Knowingly or willfully come within one thousand feet of the victim;

(3) Attend the same school as the victim; or

(4) Have any contact with the victim, whether direct or indirect or through a third party.

This section does not apply once the victim attains the age of majority. A violation of this section is a Class 6 felony. "

r-15t

On page 1 , line 1 of the Senate Judiciary committee engrossed bill , delete everything after " to " and insert " provide a safety zone for child victims of sex crimes. "

And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under reconsideration SB 198 which was deferred to the 41st Legislative Day and returns the same with the recommendation that said bill be amended as follows:

q-198a

On page 1 of the Senate State Affairs committee engrossed bill , delete lines 6 and 7 , and insert:

" Office of Laboratory Services. The director shall hold a doctoral degree in chemistry, biology, zoology, the medical sciences , or related fields ~~and~~. The Office of Laboratory Services shall meet all " .

And that as so amended said bill do not pass.

Respectfully submitted,
Kristie Fiegen, Chair

REPORTS OF CONFERENCE COMMITTEE

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1102 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that HB 1102 be amended as follows:

f-1102e

On page 2 , line 1 of the Senate engrossed bill , before " licensee " insert " such new " .

On page 2 , line 3 , after " . " insert " For the purposes of this section, a physical barrier includes a wall, fence, rope, railing, or other physical feature erected for the sole purpose of restricting the free flow of foot traffic and access to a certain area of a premise. Only persons twenty-one years of age or older may sell or dispense alcoholic beverages under a license issued pursuant to subdivision 35-4-2(3). "

On page 2 , line 4 , after " licensee " insert " except any portion licensed under subdivision 35-4-2(17) " .

On page 2 , after line 4 , insert:

" Section 2. A municipality or county may require that all licensees under subdivision 35-4- 2(3) erect a physical barrier as described by this Act or as described by an ordinance that may be more restrictive. "

And that the title be amended as follows:

On page 1 , line 2 , delete " and " and insert " , " .

On page 1 , line 3 , after " licensees " insert " , and to allow municipalities and counties to provide restrictions on off-sale licensees " .

Respectfully submitted,    Respectfully submitted,
REX HAGG    BARBARA EVERIST
KEVIN R. CRISP    JERRY J. SHOENER
CRAIG SCHAUNAMAN    JIM HUTMACHER
House Committee    Senate Committee

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1206 and 1264 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1277 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Weber moved that the House do concur in the Senate amendments to HB 1199.

     The question being on Rep. Weber's motion that the House do concur in the Senate amendments to HB 1199.

     And the roll being called:

Yeas 63, Nays 5, Excused 2, Absent and Not Voting 0

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

Nays were:
Fiegen; Hassard; McNenny; Monroe; Napoli

Excused were:
Koetzle; Schrempp

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 1199 were concurred in.

Rep. Richter moved that the House do concur in the Senate amendments to HB 1245.

Rep. de Hueck moved as a substitute motion that the House do not concur in Senate amendments to HB 1245 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 and the Speaker appointed as such committee Reps. Richter, Hunt and Sokolow.

     Rep. Broderick moved that the House do concur in the Senate amendments to HB 1261.

     The question being on Rep. Broderick's motion that the House do concur in the Senate amendments to HB 1261.

     And the roll being called:

Yeas 59, Nays 7, Excused 3, 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; Gabriel; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Barker; Collier; Hagen; Hassard; McNenny; Napoli; Windhorst

Excused were:
Koetzle; Konold; Schrempp

Absent and Not Voting were:
Monroe

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 1261 were concurred in.

     Rep. Putnam moved that the House do concur in the Senate amendments to HB 1262.

     The question being on Rep. Putnam's motion that the House do concur in the Senate amendments to HB 1262.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; 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; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Napoli

Excused were:
Koetzle; Schrempp

Absent and Not Voting were:
Monroe

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and Senate amendments to HB 1262 were concurred in.

     Rep. Diedrich moved that SCR 5 as found on page 673 of the Senate Journal be concurred in.

     The question being on Rep. Diedrich's motion that SCR 5 be concurred in.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; 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; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen

Excused were:
Koetzle; Schrempp

Absent and Not Voting were:
Monroe

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

HCR 1012 : 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.

Rep. Koskan moved that HCR 1012 as found on page 715 of the House Journal be adopted.

j-c1012

Rep. Napoli moved that HCR 1012 be amended as follows:

On page 715 , line 29 of the House Journal , delete " : " and insert " ; and

WHEREAS, in reauthorizing the Federal Surface Transportation Program, the United States Congress should reconsider sanctions imposed on the states regarding the minimum drinking age since it is an issue more properly handled by the states and the current minimum drinking age conflicts with the age of majority in many states: " .

On page 716 , line 7 , after " system " insert " and establishing its minimum drinking age " .

On page 716 , line 9 , after " states " insert " and repeal the current sanction of the loss of highway construction funds for those states that do not adopt the minimum drinking age of twenty-one " .

A roll call vote was requested and supported.

The question being on Rep. Napoli's motion that HCR 1012 be amended.

     And the roll being called:

     Yeas 33, Nays 34, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Brown (Richard); Cerny; Collier; Crisp; Cutler; de Hueck; DeMersseman; Duenwald; Gabriel; Gleason; Hagen; Jaspers; Johnson (Doug); Jorgensen; Lee; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Rost; Schaunaman; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Windhorst

Nays were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Chicoine; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Haley; Hassard; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Munson (Donald); Peterson (Bill); Richter; Roe; Smidt; Van Gerpen; Wick; Speaker Hagg

Excused were:
Koetzle; Putnam; Schrempp

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

The question being on Rep. Koskan's motion to adopt HCR 1012.

And the roll being called:

Yeas 66, Nays 1, 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; 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; Richter; Roe; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Rost

Excused were:
Koetzle; Putnam; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1012 was adopted.

Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 4th, the 36th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on SB 13 as found on page 770 of the House Journal; also

     Judiciary on SB 245 as found on page 771 of the House Journal; also

     Judiciary on SB 209 as found on page 772 of the House Journal; also

     Judiciary on SB 267 as found on page 772 of the House Journal; also

     Judiciary on SB 103 as found on page 785 of the House Journal; also

     Judiciary on SB 168 as found on page 786 of the House Journal; also

     Appropriations on SB 254 as found on page 773 of the House Journal; also

     Appropriations on SB 72 as found on page 774 of the House Journal; also

     State Affairs on SB 261 as found on page 775 of the House Journal; also

     State Affairs on SB 178 as found on page 775 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Windhorst moved that the word "not" be stricken from the report of the Committee on Taxation on SB 128 and that SB 128 be placed on tomorrow's calendar.

     The question being on Rep. Windhorst's motion that the word "not" be stricken from the report of the Committee on Taxation on SB 128 and that SB 128 be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 41, Nays 26, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Kazmerzak; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Rost; Schaunaman; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst

Nays were:
Belatti; Brosz; Brown (Richard); Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Matthews; McNenny; Peterson (Bill); Richter; Roe; Smidt; Wick; Speaker Hagg

Excused were:
Koetzle; Putnam; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the "not" was stricken, and SB 128 was so placed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Jorgensen moved that the report of the Conference Committee on HB 1164 as found on page 787 of the House Journal be adopted.

The question being on Rep. Jorgensen's motion that the report of the Conference Committee on HB 1164 be adopted.

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

Nays were:
Collier; Sokolow

Excused were:
Koetzle; Putnam; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the Conference Committee Report on HB 1164 was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 169 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the funds available from a defendant who has been assigned counsel.

Was read the second time.

The question being "Shall SB 169 pass?"

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

Excused were:
Koetzle; Schrempp

Absent and Not Voting were:
de Hueck

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

Rep. Koskan requested that SB 181 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

    SB 187 : FOR AN ACT ENTITLED, An Act to increase the amount of money or damage that is under the jurisdiction of small claims court and to clarify that a party may be represented by an attorney in small claims or magistrate court.

     Was read the second time.

The question being "Shall SB 187 pass?"

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); 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; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Hassard; Monroe

Excused were:
Koetzle; Schrempp

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 87 : FOR AN ACT ENTITLED, An Act to expand the civil jurisdiction of magistrate judges.

Was read the second time.

     The question being "Shall SB 87 pass?"

     And the roll being called:

     Yeas 65, Nays 3, 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; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Hassard; Kooistra; Monroe

Excused were:
Koetzle; Schrempp

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 SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gabriel moved that SB 259, 137, 260, 121 and 215 be deferred until Tuesday, March 4th, the 36th legislative day.

Which motion prevailed and the bills were so deferred.

Rep. Gabriel moved that SB 143, 170, and 108 be placed to follow SB 235 on today's calendar.

Which motion prevailed.

SB 126 : FOR AN ACT ENTITLED, An Act to permit the Department of Commerce and Regulation to provide the driving record of policyholders to insurance companies.

Was read the second time.

     The question being "Shall SB 126 pass?"

     And the roll being called:

     Yeas 34, Nays 33, Excused 3, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; DeMersseman; Derby; Duniphan; Duxbury; Fiegen; Gabriel; Gleason; Hunt; Konold; Madden; Matthews; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Roe; Rost; Schaunaman; Smidt; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst

Nays were:
Apa; Barker; Cerny; Collier; Cutler; Davis; de Hueck; Diedrich; Duenwald; Eccarius; Fischer- Clemens; Fitzgerald; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; McNenny; Moore; Pummel; Putnam; Sokolow; Sperry; Waltman; Speaker Hagg

Excused were:
Koetzle; Richter; Schrempp

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

Rep. Hunt announced his intention to reconsider the vote by which SB 126 was lost.

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

Was read the second time.

t-202k

Rep. Konold moved that SB 202 be amended as follows:

On page 1 , line 10 of the Senate engrossed bill , delete " in a quantity " .

On page 1 , line 11 , delete everything before " to transfer " and insert " and desires " .

On page 1 , line 15 , delete " shall " and insert " may " .

Which motion prevailed and SB 202 was so amended.

r-202m

Rep. Diedrich moved that SB 202 be further amended as follows:

On page 1 , line 15 of the Senate engrossed bill , after " . " insert " The mediator shall be agreed upon by both the contractor and the producer. "

Which motion prevailed and SB 202 was so amended.

The question being "Shall SB 202 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, 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; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Hassard; Kooistra; Napoli; Speaker Hagg

Excused were:
Koetzle; Schrempp

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.

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Rep. Cutler moved that SB 75 be amended as follows:

On page 9 of the Senate Commerce committee engrossed bill , delete lines 19 to 22 , inclusive .

On page 10 , line 14 , delete " 58-33-66 or " .

Which motion prevailed and SB 75 was so amended.

The question being "Shall SB 75 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; Cutler; Davis; de Hueck; DeMersseman; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; 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; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Diedrich; Jaspers

Excused were:
Koetzle; Schrempp

Absent and Not Voting were:
Duxbury

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

The question being on the title.

Rep. Moore moved that the title to SB 75 be amended as follows:

On page 1 , line 1 of the Senate Commerce committee engrossed bill , delete " practice and " and insert " or deceptive practice in dealing with insureds. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

Speaker Pro tempore Hunt now presiding.

SB 266 : FOR AN ACT ENTITLED, An Act to revise certain child support provisions including the adoption of certain child support provisions required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Was read the second time.

The question being "Shall SB 266 pass as amended?"

     And the roll being called:

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

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

Nays were:
Kooistra; Koskan; Monroe; Moore; Napoli; Sokolow; Weber; Windhorst

Excused were:
de Hueck; Koetzle; Schrempp

Absent and Not Voting were:
Van Gerpen; Wick

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 70 : FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

     The question being "Shall SB 70 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 3, Absent and Not Voting 3

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; 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; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Kazmerzak

Excused were:
de Hueck; Koetzle; Schrempp

Absent and Not Voting were:
Crisp; Van Gerpen; 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 211 : FOR AN ACT ENTITLED, An Act to assure payment of health benefits for injuries sustained by an insured person operating a motor vehicle under the influence of alcohol or drugs.

Was read the second time.

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Rep. Matthews moved that SB 211 be amended as follows:

On page 1 , line 8 of the Senate engrossed bill , after " person " insert " who is less than twenty-one years of age " .

On page 1 , line 14 , after " person " insert " who is less than twenty-one years of age " .

On page 2 , line 4 , after " person " insert " who is less than twenty-one years of age " .

On page 2 , line 10 , after " person " insert " who is less than twenty-one years of age " .

On page 2 , line 16 , after " person " insert " who is less than twenty-one years of age " .

On page 2 , line 21 , after " person " insert " who is less than twenty-one years of age " .

Rep. Duniphan moved the previous question.

Which motion prevailed.

The question being on Rep. Matthews' motion that SB 211 be amended.

A roll call vote was requested and supported.

And the roll being called:

Yeas 8, Nays 57, Excused 4, Absent and Not Voting 1

Yeas were:
Apa; Broderick; Brown (Richard); Fischer-Clemens; Fitzgerald; Matthews; Roe; Windhorst

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

Excused were:
Derby; Koetzle; Madden; Schrempp

Absent and Not Voting were:
Pummel

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

     The question being "Shall SB 211 pass?"

     And the roll being called:

     Yeas 59, Nays 7, Excused 4, Absent and Not Voting 0

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

Nays were:
Apa; Broderick; Fiegen; Konold; Matthews; Roe; Windhorst

Excused were:
Derby; Koetzle; Madden; Schrempp

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

Was read the second time.

     The question being "Shall SB 228 pass?"

     And the roll being called:

     Yeas 62, Nays 2, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Crisp; 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; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Cutler

Excused were:
Brown (Jarvis); Koetzle; Madden; Schrempp; Van Gerpen

Absent and Not Voting were:
Hagen

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 154 : FOR AN ACT ENTITLED, An Act to revise certain school district funds.

Was read the second time.

The question being "Shall SB 154 pass as amended?"

And the roll being called:

Yeas 63, Nays 0, Excused 4, Absent and Not Voting 3

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; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Koetzle; Madden; Schrempp; Van Gerpen

Absent and Not Voting were:
Brooks; 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 213 : FOR AN ACT ENTITLED, An Act to make certain legislative findings concerning the case of Knowles vs. United States and to clarify its application to certain practitioners of the healing arts and their employers.

Was read the second time.

f-213

Rep. Collier moved that SB 213 be amended as follows:

On page 2 , line 5 of the Senate Health and Human Services committee engrossed bill , overstrike " five " and insert " seven " .

On page 2 , line 6 , after " hundred " insert " fifty " .

A roll call vote was requested and supported.

     The question being on Rep. Collier's motion that SB 213 be amended.

     And the roll being called:

     Yeas 15, Nays 51, Excused 4, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Cerny; Collier; Cutler; Davis; DeMersseman; Fitzgerald; Haley; Hunt; Kooistra; Lockner; Moore; Schaunaman; Sokolow; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lucas; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Excused were:
Koetzle; Madden; Schrempp; Van Gerpen

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

     The question being "Shall SB 213 pass?"

     And the roll being called:

     Yeas 60, Nays 3, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; 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; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cutler; de Hueck; DeMersseman

Excused were:
Hassard; Koetzle; Madden; Schrempp; Van Gerpen

Absent and Not Voting were:
Collier; Moore

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 241 : FOR AN ACT ENTITLED, An Act to provide for a declaration of preferences and power of attorney for mental illness treatment decisions.

Was read the second time.

     The question being "Shall SB 241 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent and Not Voting 0

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

Nays were:
Cutler; Hassard; Monroe; Wetz

Excused were:
Koetzle; Madden; Schrempp

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 149 : FOR AN ACT ENTITLED, An Act to resolve certain conflicting provisions regarding workers' compensation and health insurance coverage.

Was read the second time.

     The question being "Shall SB 149 pass?"

     And the roll being called:

     Yeas 66, Nays 0, 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; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Koetzle; Madden; Schrempp

Absent and Not Voting were:
Lockner

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 235 : FOR AN ACT ENTITLED, An Act to revise the applicability of the physician/patient privilege to criminal actions.

Was read the second time.

     The question being "Shall SB 235 pass?"

     And the roll being called:

     Yeas 48, Nays 15, Excused 3, Absent and Not Voting 4

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

Nays were:
Barker; Cerny; Collier; Davis; Eccarius; Fischer-Clemens; Haley; Kazmerzak; Lucas; Moore; Sokolow; Sperry; Volesky; Waltman; Weber

Excused were:
Koetzle; Madden; Schrempp

Absent and Not Voting were:
Brown (Richard); Lee; Lockner; Wetz

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. Gabriel moved that the House do now recess for twenty minutes, which motion prevailed and at 5:12 p.m. the House recessed.

RECESS

The House reconvened at 5:32 p.m., Speaker Pro tempore Hunt presiding.

SB 143 : FOR AN ACT ENTITLED, An Act to revise the definition of the crime of stalking.

Was read the second time.

r-143m

Rep. Fischer-Clemens moved that SB 143 be amended as follows:

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

    A roll call vote was requested and supported.

     The question being on Rep. Fischer-Clemens' motion that SB 143 be amended.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kredit; Lee; Lockner; Lucas; Moore; Munson (Donald); Peterson (Bill); Putnam; Roe; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

Nays were:
Brooks; Brown (Richard); de Hueck; DeMersseman; Derby; Fitzgerald; Gabriel; Hassard; Hunt; Konold; Kooistra; Koskan; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Pummel; Richter; Rost; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Koetzle; Madden; Schrempp

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 143 was so amended.

The question being "Shall SB 143 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 16, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kredit; Lee; Lockner; Lucas; Moore; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Belatti; Brooks; de Hueck; DeMersseman; Gabriel; Hassard; Hunt; Kooistra; Koskan; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Rost; Speaker Hagg

Excused were:
Koetzle; Madden; Schrempp

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.

    Rep. Hunt moved to reconsider the vote by which SB 126 was lost.

     The question being on Rep. Hunt's motion to reconsider the vote by which SB 126 was lost.

     And the roll being called:

     Yeas 50, Nays 17, Excused 3, Absent and Not Voting 0

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

Excused were:
Koetzle; Madden; Schrempp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 126 was up for reconsideration and final passage.

Rep. Hunt moved that SB 126 be deferred until Tuesday, March 4th, the 36th legislative day.

Which motion prevailed and the bill was so deferred.

SB 170 : FOR AN ACT ENTITLED, An Act to establish statewide content standards of learning for all public schools.

Was read the second time.

c-170a

Rep. Lucas moved that SB 170 be amended as follows:

On page 1 , line 7 of the House Education Committee engrossed bill , remove the overstrikes from " ~~and promote their voluntary utilization~~ " .

On page 1 , line 8 , after " Each " insert " participating " .

On page 1 , line 9 , delete " Course " .

On page 1 , delete lines 10 and 11 , and insert " Each participationg school district shall adopt and implement course guidelines for language arts and mathematics by July 1, 1998, and those for social studies and science by July 1, 2000. "

On page 2 , line 4 , delete " the same " and insert " an " .

On page 2 , line 17 , delete " shall " and insert " may " .

Rep. Napoli moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Lucas' motion that SB 170 be amended.

And the roll being called:

Yeas 24, Nays 42, Excused 4, Absent and Not Voting 0

Yeas were:
Apa; Barker; Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Schaunaman; Sokolow; Sperry; Volesky; Waltman; Windhorst; Speaker Hagg

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

Excused were:
Brown (Jarvis); Koetzle; Madden; Schrempp

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

Rep. Richter moved the previous question.

Which motion prevailed.

     The question being "Shall SB 170 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 23, Excused 3, Absent and Not Voting 0

     Yeas were:
Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Hunt; Jaspers; Jorgensen; Kazmerzak; Konold; Koskan; Kredit; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Volesky; Wetz; Wick

Nays were:
Apa; Belatti; Cerny; Chicoine; Collier; Duxbury; Fischer-Clemens; Haley; Johnson (Doug); Kooistra; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Putnam; Sokolow; Van Gerpen; Waltman; Weber; Windhorst; Speaker Hagg

Excused were:
Koetzle; Madden; Schrempp

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 ti

c-170ta

Rep. Lucas moved that the title to SB 170 be amended as follows:

On page 1 , line 1 of the House Education Committee engrossed bill , delete " establish " and insert " adopt " .

Which motion lost.

Rep. Gabriel moved that SB 108 be deferred until Tuesday, March 4th, the 36th legislative day.

Which motion prevailed and the bill was so deferred.

REPORTS OF CONFERENCE COMMITTEES

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1046 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that HB 1046 be amended as follows:

j-1046e

On page 1 , line 4 of the Senate Commerce committee engrossed bill , overstrike " No " and insert " Except as provided in sections 2 and 3 of this Act, no " .

On page 1 , delete lines 7 to 15 , inclusive , and insert:

" ~~the director of the Division of Insurance~~ . "

On page 2 , delete line 1 .

On page 2 , line 2 , delete " in this state. "

On page 2 , after line 2 , insert:

" Section 2. An insurer may use age in determining whether to issue or renew life, health, or annuity policies. An insurer may use occupation in determining whether to issue or renew a life or disability policy.

Section 3. Except as provided by § 58-15-45 and section 2 of this Act, § 58-11-55 applies to all types of insurance issued by all insurers under Title 58. However, nothing in § 58-11-55 may be construed as applying to or affecting the right of any fraternal benefit society subject to chapter 58-37A to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or an affiliated organization of the society.

Section 4. The director may promulgate rules for the purpose of preventing unfair discrimination pursuant to § 58-11-55. The rules may include definition of terms, identification of general practices or nonrenewal guidelines used by insurers which would violate or be in compliance with § 58-11-55, and application practices which violate § 58-11-55. In considering the adoption of any rule pursuant to this section, the director shall consider how the rule may serve to implement the purpose of preventing unfair discrimination as prohibited by § 58-11-55 and how the rule may impact the availability and price of insurance in this state. "

Respectfully submitted,    Respectfully submitted,
RICHARD E. "DICK" BROWN    BARBARA EVERIST
PATRICIA DE HUECK    HAROLD W. HALVERSON
DEB FISCHER-CLEMENS    MEL OLSON
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 43 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 43 be amended as follows:

On page 2, line 8 of the House Judiciary committee engrossed bill, delete "and conditions".

Respectfully submitted,    Respectfully submitted,
JARVIS W. BROWN    FRED WHITING
RICHARD G. BELATTI    DENNIS DAUGAARD
DAVID GLEASON    REBECCA J. DUNN
House Committee    Senate Committee

Also MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 156 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,    Respectfully submitted,
REXFORD A. HAGG    FRED WHITING
MICHAEL DERBY    ARNOLD M. BROWN

House Committee Senate Committee

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 82, 186, 208, and 214.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Aker, Jim Dunn, and Morford-Burg 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 1150.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has changed the members on the Conference Committee for HB 1158 and appointed Sens. Daugaard, Frederick, and Flowers.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Jim Dunn, David Munson, 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 1245.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, William Johnson, and Symens 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 1272.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 210 and has appointed Sens. Aker, Vitter, and Dennert 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. Jorgensen, Wetz and Schrempp.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1035, 1088, 1089, 1167, 1177, 1179, 1180, 1196, 1204, 1206, 1209, 1213, 1233, and 1264 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

     HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the regulation of vehicle dealers and snowmobile dealers.

     HB 1088: FOR AN ACT ENTITLED, An Act to prohibit partial-birth abortions, to provide a criminal penalty therefor, and to establish a civil cause of action.

     HB 1089: FOR AN ACT ENTITLED, An Act to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

     HB 1167: FOR AN ACT ENTITLED, An Act to revise the purposes for which rural electric cooperatives may be organized.

     HB 1177: FOR AN ACT ENTITLED, An Act to permit cooperatives, rural electric cooperatives, telephone corporations, and nonprofit corporations to conduct meetings by teleconference.

    HB 1179 : FOR AN ACT ENTITLED, An Act to allow school districts and other eligible agencies to prepare food for other entities under authority of the National School Lunch Act.

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

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

     HB 1204: FOR AN ACT ENTITLED, An Act to provide that funds held in an irrevocable prearranged funeral trust be paid to a licensed funeral director, funeral establishment, or

embalmer selected by the purchaser of the prearranged funeral trust or the next of kin of the purchaser.

     HB 1206: FOR AN ACT ENTITLED, An Act to authorize the sale of the state-owned facilities and land in Rapid City, commonly known as the Coal Gasification Plant, and to provide for the deposit of the proceeds.

     HB 1209: FOR AN ACT ENTITLED, An Act to revise the date by which school district budgets are to be reported.

     HB 1213: FOR AN ACT ENTITLED, An Act to provide a penalty for strikes by public employees.

     HB 1233: FOR AN ACT ENTITLED, An Act to prohibit the expansion of the number of certain licensed hospital beds.

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

    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.

     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.

     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.

    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.

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

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

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

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

     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.

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

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

     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.

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

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

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

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

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

     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.

     And signed the same in the presence of the House.

COMMEMORATIONS

HC 1010 Introduced by: Representatives Hagen and Lucas and Senator Valandra

A LEGISLATIVE COMMEMORATION, Honoring the memory of Suanne Big Crow, who lived her life as an example for young people everywhere.

WHEREAS, as a student at the pine Ridge Indian Reservation, Suanne excelled in academics and was a three-year member of the National Honor Society and a 4.0 student; and

WHEREAS, Suanne's extraordinary talent and hard work in basketball allowed her to make the All-State Team for three years, score the most points in a single game and in a season, be the youngest person to make the All-Star Team, and travel to Russia, Austria, New Zealand, and Lithuania; and

WHEREAS, the short, but full life that Suanne lived, is an inspiration to others and the Suanne Big Crow Human Civil Rights Award given by the National Education Association and the Suanne Big Crow Center help give back to the community what Suanne contributed:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that Suanne Big Crow be remembered and recognized as an outstanding member of her community and as an incredible human being.

HC 1011 Introduced by: Representative Chicoine

A LEGISLATIVE COMMEMORATION, Honoring the 1997 Elk Point-Jefferson Huskies excellence in volleyball.

WHEREAS, the Elk Point-Jefferson volleyball team showed their tenacity by battling back from the losers bracket to eventually win the Class A state volleyball title; and

WHEREAS, Alissa Allard, Mami Allard, Anne Eidem, Lisa Hanson, Gina Mollet, Emily Fletcher, Amy Fornia, Leah LaFerrier, Sandy VanRoekel, Traci Bennett, Nina Rozell, Andrea Davis, Erika McInemy, and Stephanie Limonges and every player on the Elk Point-Jefferson team deserves to be recognized for their hard work and dedication; and

WHEREAS, the Elk Point-Jefferson Huskies could not have achieved the title without the guidance and support from their coaches, Amy Spiering, Stacy Eckert, and Nikki Daggitt:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-second Legislature of the State of South Dakota, that the Elk Point-Jefferson Huskies volleyball team be recognized for its excellence in student athletics.

Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed, and at 7:06 p.m. the House adjourned.

KAREN GERDES, Chief Clerk