JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
March 5, 1997

     The House convened at 9:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Carrie Longwood.

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

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

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

     Which motion prevailed and the report was adopted.
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1273 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1010 in which has the Senate has concurred.

Respectfully,
PATRICIA ADAM, Secretary

     Rep. Gabriel moved that the House do now recess for thirty minutes, which motion prevailed and at 9:20 a.m. the House recessed.

RECESS


     The House reconvened at 9:50 a.m., the Speaker presiding.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Fiegen moved that the report of the Conference Committee on SB 55 as found on page 860 of the House Journal be adopted.


     The question being on Rep. Fiegen's motion that the report of the Conference Committee on SB 55 be adopted.

     And the roll being called:

     Yeas 56, Nays 3, Excused 1, Absent and Not Voting 10

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


     Nays were:
Koskan; Napoli; Windhorst

     Excused were:
Barker

     Absent and Not Voting were:
Apa; Chicoine; Crisp; Duniphan; Hagen; Johnson (Doug); Jorgensen; Pummel; Waltman; Weber

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 55 was adopted.

     Rep. Hunt moved that the report of the Conference Committee on SB 99 as found on page 860 of the House Journal be adopted.


     The question being on Rep. Hunt's motion that the report of the Conference Committee on SB 99 be adopted.

     And the roll being called:

     Yeas 43, Nays 26, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Wick

     Nays were:
Brown (Jarvis); Collier; Cutler; Davis; DeMersseman; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Lee; Lockner; Lucas; Madden; Monroe; Moore; Napoli; Peterson (Bill); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst; Speaker Hagg

     Excused were:
Barker

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 99 was adopted.

     Rep. Roe moved that the report of the Conference Committee on SB 194 as found on page 861 of the House Journal be adopted.




     The question being on Rep. Roe's motion that the report of the Conference Committee on SB 194 be adopted.

     And the roll being called:

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

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

     Nays were:
Apa; Broderick; Cutler; de Hueck; Duniphan; Matthews; McNenny; Munson (Donald); Napoli; Richter; Wetz; Windhorst

     Excused were:
Barker

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 194 was adopted.

     Rep. Jorgensen moved that the report of the Conference Committee on SB 210 as found on page 861 of the House Journal be adopted.

     Rep. Moore moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 210 and that a new committee be appointed.

     Which motion lost.

    The question now being on Rep. Jorgensen's motion that the report of the Conference Committee on SB 210 be adopted.

     And the roll being called:


     Yeas 42, Nays 23, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Brown (Jarvis); Collier; Davis; Fiegen; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Napoli; Schaunaman; Schrempp; Sperry; Volesky; Waltman; Windhorst

     Excused were:
Barker; de Hueck; Hunt; Richter; Sokolow

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 210 was adopted.

     Rep. Eccarius moved that the report of the Conference Committee on HB 1075 as found on page 861 of the House Journal be adopted.


     The question being on Rep. Eccarius's motion that the report of the Conference Committee on HB 1075 be adopted.

     And the roll being called:

     Yeas 55, Nays 8, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Rost; Schaunaman; Smidt; Sperry; Van Gerpen; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
Matthews; McNenny; Munson (Donald); Roe; Schrempp; Volesky; Waltman; Wetz

     Excused were:
Barker; de Hueck; Hunt; Richter; Sokolow


     Absent and Not Voting were:
Crisp; Koskan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1075 was adopted.

     Rep. Brooks moved that the report of the Conference Committee on HB 1158 as found on page 863 of the House Journal be adopted.


     The question being on Rep. Brooks' motion that the report of the Conference Committee on HB 1158 be adopted.

     And the roll being called:

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

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

     Nays were:
Fiegen; Hassard; McNenny; Peterson (Bill)

     Excused were:
Barker; de Hueck; Hunt; Richter; Sokolow

     Absent and Not Voting were:
Brown (Richard); Koskan; Monroe

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1158 was adopted.

     Rep. Weber moved that the report of the Conference Committee on HB 1084 as found on page 863 of the House Journal be adopted.

     Rep. Koskan moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1084 and that no new committee be appointed.


     The question being on Rep. Koskan's substitute motion that the House do not adopt the report of the Conference Committee on HB 1084 and that no new committee be appointed.

     And the roll being called:

     Yeas 21, Nays 42, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; DeMersseman; Duenwald; Duniphan; Eccarius; Fiegen; Hassard; Johnson (Doug); Konold; Koskan; Madden; McNenny; Napoli; Pederson (Gordon); Peterson (Bill); Roe; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Pummel; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber

     Excused were:
Barker; de Hueck; Hunt; Putnam; Richter; Sokolow

     Absent and Not Voting were:
Duxbury

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

    The question now being on Rep. Weber's motion that the report of the Conference Committee on HB 1084 be adopted.

     Which motion prevailed and the Speaker appointed Reps. Weber, Gordon Pederson, and Lee as a new committee on HB 1084.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 202 and has appointed Sens. Frederick, Bill 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.

     The Speaker appointed Reps. Crisp, Hassard, and Schaunaman.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the Conference Committee Report on SB 194 and has appointed Sens. Everist, Ham, and Symens as a new 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.

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

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the Conference Committee Report on HB 1084 and has appointed Sens. Staggers, Thompson, and Flowers as a new 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.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1022, 1138, 1169, 1218, 1222, 1227, 1231, 1238, 1243, 1246, 1276, and HJR 1009 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 adopted the reports of the Conference Committees on SB 55, 99, and 210.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 75 and no committee was appointed.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 143, 154, 170, and 266.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committee on HB 1075 and 1158.

Respectfully,
PATRICIA ADAM, Secretary

    Rep. Gabriel moved that the House do now recess until 1:30 p.m., which motion prevailed, and at 11:15 a.m., the House recessed.

RECESS


     The House reconvened at 1:30 p.m., the Speaker presiding.

     Rep. Cutler moved that the House do now recess until 2:30 p.m., which motion prevailed, and at 1:45 p.m., the House recessed.

RECESS


     The House reconvened at 2:30 p.m., the Speaker presiding.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved SB 127 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found in the Senate Journal of the 37th legislative day.

    We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 127.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

    
    Rep. Roe moved that the House do concur in the Senate amendments to HB 1022.

     The question being on Rep. Roe's motion that the House do concur in the Senate amendments to HB 1022.

     And the roll being called:

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

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

     Excused were:
Barker

     Absent and Not Voting were:
Hagen; Hunt

     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 1022 were concurred in.

     Rep. Richard Brown moved that the House do not concur in Senate amendments to HB 1138 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. Richard Brown, Hagg, and Gleason.

     Rep. Cutler moved that the House do concur in the Senate amendments to HB 1169.

     The question being on Rep. Cutler's motion that the House do concur in the Senate amendments to HB 1169.

     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; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; 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; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Napoli; Windhorst

     Excused were:
Barker

     Absent and Not Voting were:
Hagen

     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 1169 were concurred in.

     Rep. Jaspers moved that the House do concur in the Senate amendments to HB 1218.

     The question being on Rep. Jaspers' motion that the House do concur in the Senate amendments to HB 1218.

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, Absent and Not Voting 1

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

     Nays were:
Collier; Cutler; Jorgensen


     Excused were:
Barker

     Absent and Not Voting were:
Hagen

     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 1218 were concurred in.

         Rep. Richard Brown moved that the House do not concur in Senate amendments to HB 1222 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. Gabriel, Jorgensen, and Haley.

     Rep. Jorgensen moved that the House do not concur in Senate amendments to HB 1227 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. Gabriel, Jorgensen, and Haley.

     Rep. Gabriel moved that the House do concur in the Senate amendments to HB 1231.

     The question being on Rep. Gabriel's motion that the House do concur in the Senate amendments to HB 1231.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

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

     Excused were:
Barker


     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 1231 were concurred in.

     Rep. DeMersseman moved that the House do concur in the Senate amendments to HB 1238.

     The question being on Rep. DeMersseman's motion that the House do concur in the Senate amendments to HB 1238.

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brosz; Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Wetz; Windhorst; Speaker Hagg

     Nays were:
Brooks; Collier; Fiegen; Hunt; Kazmerzak; Kooistra; Moore; Munson (Donald); Roe; Van Gerpen; Volesky; Weber; Wick

     Excused were:
Barker

     Absent and Not Voting were:
Brown (Richard)

     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 1238 were concurred in.

     Rep. Gabriel moved that the House do not concur in Senate amendments to HB 1243 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. Gabriel, Jorgensen, and Haley.

     Rep. Putnam moved that the House do concur in the Senate amendments to HB 1246.


     The question being on Rep. Putnam's motion that the House do concur in the Senate amendments to HB 1246.

     And the roll being called:

     Yeas 61, Nays 6, Excused 1, Absent and Not Voting 2

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

     Nays were:
Collier; Cutler; Fiegen; Koetzle; Moore; Windhorst

     Excused were:
Barker

     Absent and Not Voting were:
Hassard; Smidt

     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 1246 were concurred in.

     Rep. Gabriel moved that the House do not concur in Senate amendments to HB 1276 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. Gabriel, Duniphan, and Waltman.

     Rep. Gabriel moved that the House do concur in the Senate amendments to HJR 1009.

     The question being on Rep. Gabriel's motion that the House do concur in the Senate amendments to HJR 1009.

     And the roll being called:


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

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

     Excused were:
Barker

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Senate amendments to HJR 1009 were concurred in.

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 13, 15, 42, 44, 102, 103, 112, 168, 178, 209, 245, and 254.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 100 and has appointed Sens. Everist, Daugaard, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

     The Speaker appointed Reps. Hunt, Brosz and Volesky.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 259 and has appointed Sens. David Munson, Halverson, and Valandra 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.



     The Speaker appointed Reps. Gabriel, Cutler, and Volesky.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 261 and has appointed Sens. Everist, David Munson, 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.

     The Speaker appointed Reps. Hagg, Diedrich, and Collier.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 268 and has appointed Sens. Whiting, Bill Johnson, 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.

Respectfully,
PATRICIA ADAM, Secretary

     The Speaker appointed Reps. Hagg, Fitzgerald, and Moore.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered SB 72 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 72 be amended as follows:

d-72o

     On page 2 of the House engrossed bill , delete lines 23 and 24 , and insert:

"     Section 4. This Act is effective June 25, 1997. "


     On page 3 , delete line 1 .


d-72tr

And that the title to SB 72 be amended as follows:

     On page 1 , line 2 of the House engrossed bill , delete " and to declare an emergency " .

Respectfully submitted,    Respectfully submitted,
J.E. JIM PUTNAM    RANDY FREDERICK
MITCH RICHTER    BOB DRAKE

House Committee    Senate Committee


     Rep. Putnam moved that the report of the Conference Committee on SB 72 be adopted.

     Rep. Lucas moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 72 and that no new committee be appointed.

     The question being on Rep. Lucas' motion that the House do not adopt the report of the Conference Committee on SB 72 and that no new committee be appointed.

     And the roll being called:

     Yeas 21, Nays 48, Excused 1, Absent and Not Voting 0

     Yeas were:
Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

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

     Excused were:
Barker

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


    The question now being on Rep. Putnam's motion that the report of the Conference Committee on SB 72 be adopted.

     And the roll being called:

     Yeas 48, Nays 20, Excused 1, Absent and Not Voting 1

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

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

     Excused were:
Barker

     Absent and Not Voting were:
Collier

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 72 was adopted.


Also MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1150 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that the House do not concur with the Senate amendments and that no new committee be appointed.

Respectfully submitted,    Respectfully submitted,

BILL PETERSON    JIM DUNN
WILLIAM F. CERNY    JO ANN MORFORD-BURG
House Committee    Senate Committee



     Rep. Bill Peterson moved that the report of the Conference Committee on HB 1150 be adopted.

     Rep. Wetz moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1150 and that a new committee be appointed.

    A roll call vote was requested and supported.

     The question being on Rep. Wetz's substitute motion that the House do not adopt the report of the Conference Committee on HB 1150 and that a new committee be appointed.

     And the roll being called:

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

     Yeas were:
Apa; Brooks; Brown (Jarvis); Crisp; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost; Schrempp; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Belatti; Broderick; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; Derby; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Koetzle; Konold; Lucas; Moore; Munson (Donald); Peterson (Bill); Roe; Schaunaman; Smidt; Sokolow; Volesky; Speaker Hagg

     Excused were:
Barker

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried, the report of the Conference Committee on HB 1150 was not adopted and a new committee was appointed.

    The Speaker appointed as such committee Reps. Wetz, Bill Peterson, and Duxbury.

     Rep. Gabriel moved that the House do now recess for one hour, which motion prevailed, and at 4:30 p.m. the House recessed.

RECESS


     The House reconvened at 5:30 p.m., the Speaker presiding.



CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Jorgensen moved that the report of the Conference Committee on SB 156 as found on page 825 of the House Journal be adopted.


     The question being on Rep. Jorgensen's motion that the report of the Conference Committee on SB 156 be adopted.


     And the roll being called:


     Yeas 58, Nays 11, Excused 1, Absent and Not Voting 0

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

     Nays were:
de Hueck; Derby; Eccarius; Fiegen; Konold; Munson (Donald); Peterson (Bill); Roe; Smidt; Wick; Speaker Hagg

     Excused were:
Barker


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on SB 156 was adopted.

MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HB 1084 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1084 be amended as follows:

t-1084f
    
     On page 1 , line 5 of the Senate Transportation committee engrossed bill , after " hour. " insert " If the county has retained sixty-five miles per hour as the speed limit for all county roads,

the speed limit on township roads in the county is sixty-five miles per hour unless otherwise provided pursuant to §  32-25-9.1. "


Respectfully submitted,    Respectfully submitted,
ROBERT R. WEBER    KERMIT STAGGERS

ROGER LEE     CHARLES E. FLOWERS
House Committee    Senate Committee


     Rep. Weber moved that the report of the Conference Committee on HB 1084 be adopted.


     Rep. Koskan moved as a substitute motion that the House do not adopt the report of the Conference Commitee on HB 1084 and that no new committee be appointed.

    Rep. Richter moved the previous question.

    Which motion prevailed.

     The question being on Rep. Koskan's substitute motion that the House do not adopt the report of the Conference Commitee on HB 1084 and that no new committee be appointed.

     And the roll being called:

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

     Yeas were:
Belatti; Broderick; Brosz; DeMersseman; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Kredit; Lee; Lockner; Lucas; Moore; Munson (Donald); Peterson (Bill); Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz

     Excused were:
Barker; Crisp

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


    The question now being on Rep. Weber's motion that the report of the Conference Committee on HB 1084 be adopted.

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jaspers; Kazmerzak; Koetzle; Kredit; Lee; Lockner; Lucas; Monroe; Moore; Peterson (Bill); Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

     Nays were:
Belatti; Broderick; DeMersseman; Duniphan; Eccarius; Fiegen; Gabriel; Hassard; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Windhorst; Speaker Hagg

     Excused were:
Barker; Crisp

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the report of the Conference Committee on HB 1084 was adopted.

     The Speaker announced the following changes in conference committee appointments: Reps. Wetz, Gordon Pederson, and Waltman on HB 1150 and Reps. Gabriel, Cutler, and Haley on SB 259.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 72 and 156.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1084.

Respectfully,
PATRICIA ADAM, Secretary
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1033, 1034, 1035, 1046, 1077, 1081, 1088, 1089, 1106, 1115, 1143, 1152, 1164, 1167, 1177, 1179, 1180, 1188, 1196, 1199, 1204, 1206, 1209, 1213, 1233, 1234, 1253, 1261, 1262, and 1264 were delivered to his Excellency, the Governor, for his approval at 11:20 a.m., March 5, 1997.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1075, 1102, 1135, 1158, 1224, 1273, 1277, and 1279 and finds the same correctly enrolled.

Respectfully submitted,
Rex Hagg, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1075: FOR AN ACT ENTITLED, An Act  to provide for statewide open enrollment of students in public school districts.

     HB 1102: FOR AN ACT ENTITLED, An Act  to authorize additional off-sale retail liquor licenses in certain municipalities of the first class, to provide certain restrictions for off-sale licensees, and to allow municipalities and counties to provide restrictions on off-sale licensees.

     HB 1135: FOR AN ACT ENTITLED, An Act  to revise the definition for single-family occupied dwelling.

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

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

     HB 1273: FOR AN ACT ENTITLED, An Act  to authorize agents or employees of the Department of Transportation to issue citations for certain motor vehicle violations.

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


     HB 1279: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the regulation and the taxation of trust companies.

     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.

     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.

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

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

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

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

     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.

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

     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.

     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.

     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.

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

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

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

     And signed the same in the presence of the House.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Thursday, March 6th, the 38th legislative day.

     Which motion prevailed.

     Rep. Gabriel moved that the House do now adjourn, which motion prevailed, and at 6:33 p.m. the House adjourned.

KAREN GERDES, Chief Clerk