House Journal 01/21/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 21, 1998

     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 David Wheeler.

     Roll Call: All members present.

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 sixth day and finds that the following correction should be made:

    On page 121, line 14 of the House Journal, after "assistance" insert "package that was adopted for John Morrell and Company."

     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,

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1064 and 1071 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 HB 1026 and returns the same with the recommendation that said bill be amended as follows:

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

Section 1. That § 23A-28B-4 be amended to read as follows:

23A-28B-4. The commission shall:

(1) Hear and determine claims for compensation as provided in § § ~~23A-28B-29 and~~ 23A-28B-32;

(2) Promulgate rules, pursuant to chapter 1-26, governing conduct of hearings before the commission;

(3) Assist the department in publicizing the availability of and procedures for obtaining compensation pursuant to the provisions of this chapter; and

(4) Assist the department in developing, implementing and evaluating effective crime victim compensation policies and procedures.

Section 2. That § 23A-28B-28 be amended to read as follows:

     23A-28B-28. The department shall receive, review and investigate, any application for victims' compensation which has been properly filed. Following such review and investigation ~~, and based upon the amount of the claim,~~ the department shall issue ~~either a recommendation to the commission pursuant to § 23A-28B-29 or~~ an order pursuant to § 23A-28B-31. The department shall file any such ~~recommendation or~~ order with the commission and shall serve notice of such by mailing a copy to the claimant.

     Section 3. That § 23A-28B-29 be repealed.

     23A-28B-29. In any case in which a claim exceeds two thousand dollars, the department shall issue a written recommendation to the commission regarding compensability of the claim. The commission shall hold a hearing on the claim upon at least thirty days notice to the claimant and any other interested persons. The commission shall consider the recommendation of the department and any objections to the recommendation by the claimant. In addition, the commission may subpoena persons or documents, administer oaths or affirmations and receive any additional relevant evidence which the commission deems necessary to decide the compensability of the claim. Based upon evidence presented at the hearing, the commission may adopt, modify or reject the recommendation of the department. A record of all proceedings at the hearing shall be kept. Any hearing held pursuant to this section may not be deemed a contested case hearing and the provisions of § § 1-26-16 to 1-26-37, inclusive, governing contested cases and appeals therefrom do not apply. However, the commission shall adopt procedural rules pursuant to chapter 1-26 governing hearings held pursuant to this section.

Section 4. That § 23A-28B-31 be amended to read as follows:

23A-28B-31. ~~In any case in which a compensation claim is for two thousand dollars or less, the~~ The department ~~may~~ shall enter an order which shall include:

(1) Findings of fact;

(2) The amount of compensation, if any, payable under the provisions of this chapter;

(3) The name of any person to whom such compensation is payable;

(4) A notice that the claimant may request commission review of the order in accordance with § 23A-28B-32; and

             (5)      Any other information which the department deems necessary.

     Section 5. That § 23A-28B-32 be amended to read as follows:

     23A-28B-32. If a claimant disagrees with an order entered by the department, the claimant, within fifteen days from the date of service of the order, may request a review of the claim by the commission. A request for review shall be in writing in a form prescribed by the commission. Upon receipt of a request for review, the commission shall treat the department order as a recommendation by the department and shall hold a hearing to decide the claim ~~in the same manner as provided in § 23A-28B-29~~ . The hearing shall be held upon at least thirty days notice to the claimant and any other interested persons. The commission shall consider the order

of the department and any objections to the order by the claimant. In addition, the commission may subpoena persons or documents, administer oaths or affirmations and receive any additional relevant evidence which the commission deems necessary to decide the compensability of the claim. Based upon evidence presented at the hearing, the commission may adopt, modify, or reject the order of the department. A record of all proceedings at the hearing shall be kept. Any hearing held pursuant to this section may not be deemed a contested case hearing and the provisions of § § 1-26-16 to 1-26-37, inclusive, governing contested cases and appeals therefrom do not apply. However, the commission shall adopt procedural rules pursuant to chapter 1-26 governing hearings held pursuant to this section. If no request for review is received within fifteen days, the department order shall become final with no further action by the commission and compensation shall be paid in accordance therewith.

Section 6. That chapter 23A-28B be amended by adding thereto a NEW SECTION to read as follows:

Upon request of the claimant and subject to the limitations set forth in this chapter, including any rules promulgated pursuant to § 23A-28B-20, the department may amend an order entered by the commission pursuant to § 23A-28B-32. However, such amendments may not exceed five percent of the total amount authorized by the commission. The department may not award compensation for the claim if the commission denied compensation. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 which was deferred to the 36th legislative day.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1085 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , after " vehicle " insert ", except a motorcycle,".

On page 1 , after line 9 , insert:

" Section 2. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle which is not titled in South Dakota and which is at least thirty years old may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auction need to be met " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 9 of the printed bill , delete " the most " and insert " a " .

And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill , before " jurisdiction " insert " concurrent " .

On page 1 , line 6 , before " jurisdiction " insert " concurrent " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003 and returns the same with the recommendation that said joint resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1002 and returns the same with the recommendation that said joint resolution be amended as follows:

On the printed resolution, delete everything after the resolving clause and insert:

" Section 7. That at the next general election held in the state, the following amendment to Article III, section 3 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

Section 8. That Article III, section 3 of the Constitution of the State of South Dakota, be amended to read as follows:

§ 3. No person ~~shall be~~ is eligible to for the office of senator who is not a qualified elector in the district from which ~~he may be~~ such person is chosen, ~~and~~ a citizen of the United States, ~~and who shall not have attained the age of twenty-five years,~~ and who ~~shall~~ has not ~~have~~ been a resident of the state ~~or territory~~ for two years next preceding ~~his~~ election.

No person ~~shall be~~ is eligible to for the office of representative who is not a qualified elector in the district from which ~~he may be~~ such person is chosen, and a citizen of the United States, and who ~~shall~~ has not ~~have~~ been a resident of the state ~~or territory~~ for two years next preceding ~~his~~ election ~~, and who shall not have attained the age of twenty-five years~~ .

No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature: provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the Legislature or become a member thereof. "

On page 1 , line 2 of the printed resolution , delete " Article IV, section 2 " and insert " Article III, section 3 " .

On page 1 , line 3 , delete " Governor and lieutenant governor " and insert " legislative office " .

And that as so amended said joint resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1035 which was deferred to the 36th legislative day.

Respectfully submitted,
Larry Gabriel, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 3, 8, 12, 14, 15, 25, 27, 38, 39, 41, and 71 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1005 Introduced by: Representatives Lucas, Apa, Davis, Fischer-Clemens, Gleason, Haley, Kazmerzak, Lee, Lockner, Napoli, Sokolow, Sperry, Volesky, and Waltman and Senators Hunhoff, Hutmacher, Kloucek, Lawler, Olson, and Reedy

A CONCURRENT RESOLUTION, Requesting the Congress of the United States to pass legislation providing election campaign finance reform.

WHEREAS, expenditures for election campaigns for Congress have been rising each election year; and

WHEREAS, in the 1996 election campaign for the position of United States Senator, the State of South Dakota experienced a campaign in which the candidates spent eight million dollars on campaign expenses and bombarded our citizens with campaign advertisements for a year prior to the election; and

WHEREAS, despite the huge cost of this election in South Dakota, it is a mere drop in the bucket if compared to similar elections in more heavily populated states; and

WHEREAS, the increasing cost of Congressional elections has led to a never-ending solicitation by candidates for contributions from businesses, political action committees, and individuals; and

WHEREAS, eighty percent of all campaign contributions are made by less than one percent of the voters; and

WHEREAS, these high campaign expenditures and the corresponding need for campaign contributions have given the voters of the State of South Dakota and the nation the perception that campaign contributions buy influence in Congress; and

WHEREAS, these expenditures and contributions tarnish the image of representative government and fuel voter apathy; and

WHEREAS, the Congress must pass meaningful election finance campaign reform to help restore voter confidence in our federal election process:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- Third Legislature of the State of South Dakota, the Senate concurring therein, that the Congress of the United States pass election campaign finance reform which would call for campaign expenditure limits on each candidate for the United States House of Representatives and on each candidate for the United States Senate; and

BE IT FURTHER RESOLVED, that the Congress of the United States should also provide in such legislation for campaign limits on in-kind contributions for each candidate for the United States House of Representatives and for each candidate for the United States Senate.

Was read the first time and the Speaker waived the committee referral.

HCR 1006 Introduced by: Representative Hunt and Senator Brosz

A CONCURRENT RESOLUTION, Promoting increased public awareness and understanding in South Dakota concerning learning disabilities.

WHEREAS, learning disabilities are common, affecting one in seven Americans; and

WHEREAS, individuals with learning disabilities are as intelligent as other people; and

WHEREAS, learning disabilities cannot be seen and may be hard to detect; and

WHEREAS, early intervention is critical and effective in reducing the negative consequences of learning disabilities, including dyslexia, nonverbal learning disability, executive function deficit, and attention deficit disorder; and

WHEREAS, people with learning disabilities are often misunderstood:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- third Legislature of the State of South Dakota, the Senate concurring therein, that the Department of Education and Cultural Affairs, institutions of higher learning, and school districts within South Dakota be urged to work to inform educators and the general public about learning disabilities and to correct misunderstandings that exist concerning learning disabilities.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on HB 1051 as found on pages 114 and 115 of the House Journal; also

     Agriculture and Natural Resources on HB 1034 as found on pages 115 and 116 of the House Journal; also

     Commerce on HB 1052 as found on page 116 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1170 Introduced by: Representative Haley and Senator Flowers

     FOR AN ACT ENTITLED, An Act to revise the provisions of certain statutes pertaining to insufficient funds checks.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1171 Introduced by: Representatives Matthews, Hassard, and Lucas and Senators Olson and Hainje

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the underage consumption of alcoholic beverages.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1172 Introduced by: Representatives Hunt, Broderick, Brown (Jarvis), Solum, and Volesky and Senators Munson (David) and Everist

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the filing of financing statements and continuation statements.

     Was read the first time and referred to the Committee on Commerce.

HB 1173 Introduced by: Representative Hunt and Senator Everist

FOR AN ACT ENTITLED, An Act to revise the procedures to confirm a change of designated telecommunications companies.

Was read the first time and referred to the Committee on State Affairs.

     HB 1174 Introduced by: Representatives Hagg, Brown (Gary), Derby, Fitzgerald, Madden, and Pederson (Gordon) and Senators Rounds, Ham, Shoener, and Vitter

     FOR AN ACT ENTITLED, An Act to revise certain solid waste reduction goals and landfill bans.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1175 Introduced by: Representatives McNenny, Cerny, Chicoine, Cutler, Gabriel, Jaspers, Kazmerzak, Koskan, and Pummel and Senators Benson, Flowers, Frederick, Kleven, Kloucek, and Lange

     FOR AN ACT ENTITLED, An Act to provide for the reasonable compensation for warranty services performed by dealers selling agricultural and industrial equipment.

     Was read the first time and referred to the Committee on Commerce.

     HB 1176 Introduced by: Representatives Schaunaman, Duenwald, Jaspers, Kazmerzak, and Sperry and Senators Drake, Dennert, Flowers, Frederick, and Hutmacher

     FOR AN ACT ENTITLED, An Act to revise certain weight restrictions for anhydrous ammonia tank trailers.

     Was read the first time and referred to the Committee on Transportation.

     HB 1177 Introduced by: Representatives Kredit and Cerny and Senator Hutmacher

     FOR AN ACT ENTITLED, An Act to establish the amount of county road levy that is distributed to any municipality incorporated after 1984.

     Was read the first time and referred to the Committee on Local Government.

     HB 1178 Introduced by: Representatives Gleason, Brown (Jarvis), Cerny, Davis, Fischer- Clemens, Hagen, Jaspers, Konold, Lockner, Moore, Pederson (Gordon), Schaunaman, Sperry, Waltman, and Weber and Senators Symens, Dennert, Hutmacher, Kloucek, Lawler, Olson, and Reedy

     FOR AN ACT ENTITLED, An Act to allow the use of absentee voting in certain township elections.

     Was read the first time and referred to the Committee on Local Government.

     HB 1179 Introduced by: Representatives Volesky, Apa, Duxbury, Haley, Lee, Lucas, Schaunaman, and Sokolow and Senators Hunhoff and Flowers

     FOR AN ACT ENTITLED, An Act to provide for a legislative study of a repeal of the video lottery.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1180 Introduced by: Representatives Lucas, Apa, Cerny, Chicoine, Davis, Duxbury, Fischer-Clemens, Haley, Kazmerzak, Koetzle, Lee, Lockner, Volesky, and Waltman and Senators Lawler, Aker, Hunhoff, Hutmacher, Olson, and Reedy

     FOR AN ACT ENTITLED, An Act to place a time limitation on the acceptance and solicitation of certain campaign funds by candidates for legislative office.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1181 Introduced by: Representatives Moore, Crisp, and Schaunaman and Senators Flowers, Munson (David), and Staggers

     FOR AN ACT ENTITLED, An Act to require the Department of Revenue to insure cigarette stamps, if the stamps are shipped to the licensed distributor, and to limit the dollar value of stamps that may be contained in one package.

     Was read the first time and referred to the Committee on Taxation.

     HB 1182 Introduced by: Representatives Moore and Kooistra

     FOR AN ACT ENTITLED, An Act to repeal certain provisions restricting persons who have possessed, used, or distributed controlled substances or marijuana from participation in certain extracurricular activities or financial aid assistance.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1183 Introduced by: Representative Napoli

     FOR AN ACT ENTITLED, An Act to increase certain sales and use taxes, to provide property tax relief, to repeal the inheritance tax, and to exempt certain realty improvement contracts from the contractor's excise tax and to refer those questions to a vote of the electors of this state at the next general election.

     Was read the first time and referred to the Committee on Taxation.

     HB 1184 Introduced by: Representatives Duenwald, Apa, Brown (Jarvis), Jaspers, Koskan, McNenny, Monroe, Napoli, Schrempp, Smidt, and Wetz and Senators Aker, Benson, Flowers, Johnson (William), and Vitter

     FOR AN ACT ENTITLED, An Act to require the Department of Games, Fish and Parks to request approval of the county commissioners before any taxable real property is purchased or accepted as a gift or donation.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1185 Introduced by: Representatives Richter and Schaunaman and Senators Albers, Hainje, Munson (David), and Paisley

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of titled vehicles.

     Was read the first time and referred to the Committee on Transportation.

     HB 1186 Introduced by: Representatives Richter, Apa, Brown (Richard), Gabriel, Peterson (Bill), and Putnam and Senators Drake and Frederick

     FOR AN ACT ENTITLED, An Act to increase the amount of money transferred into the budget reserve fund.

     Was read the first time and referred to the Committee on Appropriations.

     HB 1187 Introduced by: Representatives Richter, Apa, Duniphan, Gabriel, McNenny, and Smidt and Senators Frederick, Brosz, Hunhoff, and Morford

     FOR AN ACT ENTITLED, An Act to limit the number of undergraduate credit hours a student enrolled at a state university may take at the resident tuition rate.

     Was read the first time and referred to the Committee on Education.

     HB 1188 Introduced by: Representatives Sokolow and Sperry and Senator Reedy

     FOR AN ACT ENTITLED, An Act to allow certain family members to file one petition for change of name.

     Was read the first time and referred to the Committee on Judiciary.

HB 1189 Introduced by: Representatives Volesky and Lucas

FOR AN ACT ENTITLED, An Act to repeal the video lottery.

Was read the first time and referred to the Committee on Taxation.

     HB 1190 Introduced by: Representative Volesky

     FOR AN ACT ENTITLED, An Act to prohibit the contributions of political action committees to certain candidates.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1191 Introduced by: Representatives Volesky, Duxbury, Fischer-Clemens, Haley, Lockner, and Lucas

     FOR AN ACT ENTITLED, An Act to limit the contributions of political parties to certain candidates.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1192 Introduced by: Representative Volesky

     FOR AN ACT ENTITLED, An Act to require legislative candidates to file a preelection campaign finance report.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1193 Introduced by: Representatives Madden, Brown (Jarvis), Duniphan, Eccarius, Fiegen, Fischer-Clemens, Fitzgerald, Hunt, Peterson (Bill), Rost, and Volesky and Senators Aker, Daugaard, Shoener, Valandra, and Whiting

     FOR AN ACT ENTITLED, An Act to require that certain information be disclosed on the sex offender registry.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1194 Introduced by: Representatives Monroe, Chicoine, Hunt, and Jorgensen and Senators Aker, Hutmacher, Kloucek, and Lawler

     FOR AN ACT ENTITLED, An Act to define spinal manipulation and to regulate its use.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1195 Introduced by: Representative Belatti and Senators Lange and Morford

     FOR AN ACT ENTITLED, An Act to revise certain organizational and administrative procedures for consumers power districts.

     Was read the first time and referred to the Committee on Local Government.

     HB 1196 Introduced by: Representative Peterson (Bill) and Senator Everist

     FOR AN ACT ENTITLED, An Act to provide immunity under homeowner's insurance for day care services.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1197 Introduced by: Representatives Gabriel, Duniphan, Hunt, Pederson (Gordon), and Van Gerpen and Senators Rounds, Daugaard, Dunn (Jim), Halverson, Shoener, Vitter, and Whiting

     FOR AN ACT ENTITLED, An Act to increase the penalties for drug distribution and storage and for possession of drugs and drug paraphernalia.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1198 Introduced by: Representative Gabriel and Senator Halverson

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to earnings subject to garnishment.

     Was read the first time and referred to the Committee on Commerce.

     HB 1199 Introduced by: Representatives Windhorst, Apa, Duenwald, Fitzgerald, Hagen, Jaspers, Koskan, McNenny, and Napoli and Senators Lawler, Aker, Benson, Drake, Johnson (William), Kleven, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act to prohibit bar codes and other information retrieval devises on driver's licenses.

     Was read the first time and referred to the Committee on Transportation.

HB 1200 Introduced by: Representatives Windhorst, Apa, Belatti, Duenwald, Eccarius, Fitzgerald, Hagen, Haley, Jaspers, Koetzle, Koskan, Lucas, Napoli, Roe, Smidt, and Wick and Senators Staggers, Aker, Albers, Brosz, Johnson (William), Lawler, and Shoener

FOR AN ACT ENTITLED, An Act to establish a holiday to observe the ratification of the Bill of Rights.

Was read the first time and referred to the Committee on State Affairs.

     HB 1201 Introduced by: Representatives Windhorst, Fitzgerald, Jaspers, Koskan, and Smidt and Senator Aker

     FOR AN ACT ENTITLED, An Act to reduce the penalties for certain violations of revenue statutes not involving fraud.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1202 Introduced by: Representatives Windhorst, Hagen, and Wetz and Senators Benson and Staggers

     FOR AN ACT ENTITLED, An Act to allow privately owned real property to be specifically classified for the purpose of taxation if the property is open for public hunting through an agreement with the State of South Dakota.

     Was read the first time and referred to the Committee on Taxation.

     HB 1203 Introduced by: Representatives Windhorst, Duenwald, Fiegen, Hagen, Jaspers, Koskan, Napoli, and Smidt and Senators Staggers, Aker, Benson, Drake, Johnson (William), Kleven, Lawler, and Shoener

     FOR AN ACT ENTITLED, An Act to allow certain persons with special expertise to instruct in public schools.

     Was read the first time and referred to the Committee on Education.

     HB 1204 Introduced by: Representatives de Hueck, Broderick, and Brown (Jarvis) and Senators Munson (David) and Flowers

     FOR AN ACT ENTITLED, An Act to allow the notation of a lien on the manufacturer's statement of origin or the manufacturer's certificate of origin for a motor vehicle or a boat.

     Was read the first time and referred to the Committee on Commerce.

HB 1205 Introduced by: Representatives de Hueck, Brown (Jarvis), and Rost and Senator Brosz

FOR AN ACT ENTITLED, An Act to require the Department of Social Services to notify certain persons whose names are placed on the central child abuse and neglect registry.

Was read the first time and referred to the Committee on Health and Human Services.

     HB 1206 Introduced by: Representative Hagg and Senator Whiting

     FOR AN ACT ENTITLED, An Act to provide for legislative review of zoning ordinances if there is a protest filed.

     Was read the first time and referred to the Committee on Local Government.

     HB 1207 Introduced by: Representatives Fischer-Clemens, Davis, Gleason, Lucas, and Sperry and Senators Reedy, Kloucek, and Munson (David)

     FOR AN ACT ENTITLED, An Act to require that school districts provide health care coverage to their employees.

     Was read the first time and referred to the Committee on Education.

     HB 1208 Introduced by: Representatives Fischer-Clemens, Barker, Gleason, Haley, and Lucas and Senators Lawler, Dunn (Rebecca), Hunhoff, and Reedy

     FOR AN ACT ENTITLED, An Act to establish a committee to monitor the drafting of the State Child Health Plan.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1209 Introduced by: Representatives Duniphan, Brooks, Derby, Eccarius, Fischer- Clemens, Hassard, Koetzle, Lee, Matthews, Pederson (Gordon), and Pummel and Senators Aker, Dunn (Rebecca), Ham, Olson, Shoener, and Whiting

     FOR AN ACT ENTITLED, An Act to require the training and certification of 911 telecommunicators, to increase certain liquidated costs, and to appropriate that increase for such training and certification.

     Was read the first time and referred to the Committee on Local Government.

HB 1210 Introduced by: Representatives Duniphan, Brooks, Brown (Gary), Madden, and Wetz and Senators Vitter and Shoener

FOR AN ACT ENTITLED, An Act to provide for the forfeiture of security for failure to comply with imposed conditions of release.

Was read the first time and referred to the Committee on Judiciary.

     HB 1211 Introduced by: Representatives Duniphan, Crisp, Rost, and Wick and Senators Whiting, Aker, Albers, Benson, Drake, Kloucek, Munson (David), and Symens

     FOR AN ACT ENTITLED, An Act to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

     Was read the first time and referred to the Committee on Local Government.

     HB 1212 Introduced by: Representatives Sokolow, Crisp, Haley, Koetzle, Kooistra, Matthews, and Waltman and Senator Reedy

     FOR AN ACT ENTITLED, An Act to increase the salary of legislators and to refer the question to a vote of the electors of this state at the next general election.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1213 Introduced by: Representatives Matthews and Volesky and Senators Aker, Albers, and Olson

     FOR AN ACT ENTITLED, An Act to require certain persons convicted of driving under the influence of alcohol or drugs or related crime to participate in an evaluation, education, and treatment.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1214 Introduced by: Representatives Munson (Donald), Duniphan, Fischer-Clemens, Moore, and Pummel and Senators Hunhoff, Dennert, and Symens

     FOR AN ACT ENTITLED, An Act to require continuation and conversion of health care coverage when an employer ceases operations.

     Was read the first time and referred to the Committee on Commerce.

     HB 1215 Introduced by: Representatives Wetz and Pederson (Gordon) and Senators Symens and Halverson

     FOR AN ACT ENTITLED, An Act to provide for a universal service fund regarding telecommunication services.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1216 Introduced by: Representatives Konold, Apa, Brown (Jarvis), Chicoine, Gleason, Peterson (Bill), Schaunaman, Solum, Van Gerpen, Volesky, Weber, and Wetz and Senators Flowers and Drake

     FOR AN ACT ENTITLED, An Act to repeal the inheritance tax over a period of time.

     Was read the first time and referred to the Committee on Taxation.

     HB 1217 Introduced by: Representatives Koskan and Schrempp and Senators Benson and Vitter

     FOR AN ACT ENTITLED, An Act to revise certain aerial hunting provisions.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1218 Introduced by: Representatives Koskan, Duenwald, Duxbury, and Schaunaman and Senators Benson, Dennert, and Vitter

     FOR AN ACT ENTITLED, An Act to remove certain restrictions pertaining to the hunting of coyotes by nonresidents.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1219 Introduced by: Representatives Koskan, Duenwald, and Schrempp and Senators Vitter and Benson

     FOR AN ACT ENTITLED, An Act to revise procedures for the issuance of deer hunting licenses.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1220 Introduced by: Representatives Koskan, Crisp, and Duenwald and Senators Benson, Ham, Kleven, and Vitter

     FOR AN ACT ENTITLED, An Act to provide for the taxation of certain Department of Game, Fish and Parks lands.

     Was read the first time and referred to the Committee on Taxation.

     HB 1221 Introduced by: Representatives Schaunaman, Cutler, Duxbury, Hunt, Sperry, and Waltman and Senators Lawler, Dennert, and Munson (David)

     FOR AN ACT ENTITLED, An Act to define a qualified education loan insurer and to provide for the investment of certain funds and to allow surety student loan insurance.

     Was read the first time and referred to the Committee on Commerce.

     HB 1222 Introduced by: Representatives Schaunaman, Cutler, Duxbury, Hunt, Sperry, and Waltman and Senators Lawler, Dennert, and Munson (David)

     FOR AN ACT ENTITLED, An Act to regulate the treatment of the loans and other assets of any qualified education loan insurer during receivership, rehabilitation, or liquidation.

     Was read the first time and referred to the Committee on Commerce.

     HB 1223 Introduced by: Representatives Schaunaman and Gabriel and Senators Dennert and Shoener

     FOR AN ACT ENTITLED, An Act to remove the restriction on the number of nonresident waterfowl licenses that may be issued.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1224 Introduced by: Representatives Koskan, Gabriel, and Kazmerzak and Senator Benson

     FOR AN ACT ENTITLED, An Act to authorize dealers of school buses to certify that a school bus complies with state law under certain conditions.

     Was read the first time and referred to the Committee on Transportation.

     HB 1225 Introduced by: Representatives Koskan, Fiegen, and Windhorst and Senators Aker, Benson, Dennert, Drake, Ham, and Vitter

     FOR AN ACT ENTITLED, An Act to restrict state participation in certain federal or private programs.

     Was read the first time and referred to the Committee on Education.

HB 1226 Introduced by: Representatives Koskan, Crisp, Duenwald, Duxbury, Napoli, Schaunaman, and Windhorst and Senators Vitter, Benson, Dennert, Drake, and Halverson

FOR AN ACT ENTITLED, An Act to provide for the promulgation of rules governing certain agency practices.

Was read the first time and referred to the Committee on State Affairs.

     HB 1227 Introduced by: Representatives Schaunaman, Cutler, and Fiegen and Senators Lawler and Everist

     FOR AN ACT ENTITLED, An Act to allow local governments to request a criminal record check of persons considered for employment and to allow local law enforcement officials to a conduct a criminal record check.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1228 Introduced by: Representatives Cutler, Broderick, Brooks, Duenwald, Fitzgerald, Kazmerzak, Koetzle, Kredit, McNenny, Richter, Schaunaman, Solum, Waltman, and Weber and Senators Halverson, Aker, Frederick, Lange, Munson (David), Olson, and Staggers

     FOR AN ACT ENTITLED, An Act to revise the requirements for eligibility for owner- occupied classification.

     Was read the first time and referred to the Committee on Taxation.

     HB 1229 Introduced by: Representatives Cutler, Crisp, Diedrich, Haley, Johnson (Doug), Koetzle, Putnam, Schaunaman, Sperry, and Volesky and Senators Symens, Brown (Arnold), Flowers, and Munson (David)

     FOR AN ACT ENTITLED, An Act to revise the distribution of revenue from the petroleum release compensation and tank inspection fee and from the capital construction fund.

     Was read the first time and referred to the Committee on Commerce.

     HB 1230 Introduced by: Representatives Windhorst, Apa, Duenwald, Fiegen, Gabriel, Hagen, Jaspers, Koetzle, Koskan, Napoli, Smidt, and Wick and Senators Staggers, Aker, Albers, and Lawler

     FOR AN ACT ENTITLED, An Act to provide a defense to aggravated assault under certain circumstances.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1231 Introduced by: Representatives Jorgensen, Apa, Barker, Crisp, Jaspers, Konold, Napoli, Schaunaman, and Weber and Senators Staggers, Flowers, Hutmacher, Lange, and Symens

     FOR AN ACT ENTITLED, An Act to exempt transportation services from sales and use taxes.

     Was read the first time and referred to the Committee on Taxation.

     HB 1232 Introduced by: Representatives Jorgensen, Barker, Duniphan, Hunt, Pummel, and Schaunaman and Senators Brown (Arnold), Daugaard, Olson, Shoener, and Vitter

     FOR AN ACT ENTITLED, An Act to provide for confidentiality for trade secrets or commercial or financial information provided to municipalities.

     Was read the first time and referred to the Committee on Local Government.

     HB 1233 Introduced by: Representatives Jorgensen, Apa, Barker, Brown (Gary), Brown (Richard), Cutler, Fiegen, Jaspers, Kazmerzak, Koskan, McNenny, Moore, Napoli, Peterson (Bill), and Waltman and Senators Dunn (Jim), Brosz, Brown (Arnold), Daugaard, Everist, Flowers, Frederick, Lange, Olson, Paisley, and Shoener

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the classification of agricultural land.

     Was read the first time and referred to the Committee on Taxation.

     HB 1234 Introduced by: Representative Hagg and Senator Daugaard

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to confidentiality of certain medical committees.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1235 Introduced by: Representatives Van Gerpen, Schaunaman, and Wetz and Senators Symens and Johnson (William)

     FOR AN ACT ENTITLED, An Act to clarify when rural electric cooperative members may vote by mail.

     Was read the first time and referred to the Committee on Local Government.

     HB 1236 Introduced by: Representatives Windhorst, Apa, Duenwald, Fiegen, Fitzgerald, Hagen, Jaspers, and McNenny and Senators Johnson (William), Aker, Benson, Brosz, Ham, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act to add economics to academic content standards.

     Was read the first time and referred to the Committee on Education.

     HB 1237 Introduced by: Representatives Gabriel, Cutler, Haley, and Lucas and Senators Rounds, Dunn (Jim), and Hunhoff

     FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

     Was read the first time and referred to the Committee on Taxation.

     HB 1238 Introduced by: Representative Gabriel

     FOR AN ACT ENTITLED, An Act to establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

     Was read the first time and referred to the Committee on Taxation.

     HB 1239 Introduced by: Representatives Munson (Donald), Moore, and Volesky and Senator Olson

     FOR AN ACT ENTITLED, An Act to clarify the purposes for which proceeds of economic development revenue bonds may be used.

     Was read the first time and referred to the Committee on Local Government.

     HB 1240 Introduced by: Representative Peterson (Bill)

     FOR AN ACT ENTITLED, An Act to expand the limitations on educational activities within the Temporary Assistance for Needy Families program.

     Was read the first time and referred to the Committee on Health and Human Services.

HB 1241 Introduced by: Representatives Waltman, Cutler, and Schaunaman and Senators Lawler and Drake

FOR AN ACT ENTITLED, An Act to appropriate money for the reconstruction of Richmond Lake dam.

Was read the first time and referred to the Committee on Appropriations.

     HB 1242 Introduced by: Representatives Solum, Brown (Richard), Diedrich, Konold, and Lucas and Senators Brosz, Everist, Ham, and Reedy

     FOR AN ACT ENTITLED, An Act to specify the method of reporting the amount of certain school fund tax levies.

     Was read the first time and referred to the Committee on Taxation.

     HB 1243 Introduced by: Representatives Lucas, Chicoine, Gleason, and Van Gerpen and Senators Hutmacher, Brosz, Hunhoff, Kloucek, Lange, Munson (David), and Reedy

     FOR AN ACT ENTITLED, An Act to provide for parental involvement in certain academic activities.

     Was read the first time and referred to the Committee on Education.

     HB 1244 Introduced by: Representatives Duenwald, Apa, Belatti, Broderick, Brooks, Brown (Jarvis), Cerny, Chicoine, Crisp, Diedrich, Fiegen, Fitzgerald, Gabriel, Hassard, Hunt, Jaspers, Kazmerzak, Koetzle, Konold, Koskan, Kredit, Lee, Lucas, Madden, Matthews, McNenny, Monroe, Moore, Pederson (Gordon), Pummel, Putnam, Roe, Schrempp, Smidt, Solum, Van Gerpen, Waltman, Weber, Wetz, and Wick and Senators Lawler, Aker, Albers, Brown (Arnold), Drake, Dunn (Jim), Dunn (Rebecca), Flowers, Frederick, Hainje, Halverson, Hunhoff, Hutmacher, Johnson (William), Kloucek, Lange, Reedy, Rounds, Shoener, Staggers, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of pharmacy.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1245 Introduced by: Representatives Johnson (Doug), Belatti, Diedrich, Jorgensen, Kazmerzak, and Napoli and Senator Staggers

     FOR AN ACT ENTITLED, An Act to allow an owner-occupant of a manufactured or mobile home to be eligible for an owner-occupied dwelling classification if the owner-occupant fails to list the home with director of equalization by the required date or within the specified time frame.

     Was read the first time and referred to the Committee on Taxation.

     HB 1246 Introduced by: Representatives Johnson (Doug), Barker, Duniphan, Pummel, and Schaunaman and Senators Vitter and Hutmacher

     FOR AN ACT ENTITLED, An Act to allow public corporations to use single-source bidding procedures.

     Was read the first time and referred to the Committee on Local Government.

     HB 1247 Introduced by: Representatives de Hueck, Diedrich, Rost, and Wetz and Senator Aker

     FOR AN ACT ENTITLED, An Act to authorize withholding animal damage services to a county under certain circumstances and to permit application of certain obligations owed to a county toward payment required of a county for animal damage control activities.

     Was read the first time and referred to the Committee on Local Government.

     HB 1248 Introduced by: Representatives Roe, Broderick, Moore, and Schaunaman and Senators Munson (David) and Shoener

     FOR AN ACT ENTITLED, An Act to authorize off-sale alcoholic beverage licensees to provide free samples of distilled spirits.

     Was read the first time and referred to the Committee on Commerce.

     HJR 1004 Introduced by: Representative Peterson (Bill)

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX, section 1, of the Constitution of the State of South Dakota, relating to the authority and responsibility of the Legislature to reorganize local government.

     Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1031: FOR AN ACT ENTITLED, An Act to exclude hours paid to patient employees under the control of the Department of Military and Veterans Affairs from the definition of full- time equivalent.

Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

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

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Diedrich

Absent and Not Voting were:
Apa

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.

HB 1074: FOR AN ACT ENTITLED, An Act to revise the date by which a rural fire protection district must certify an estimated tax levy request to a county auditor.

Was read the second time.

     The question being "Shall HB 1074 pass?"

     And the roll being called:

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

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Apa

Excused were:
Diedrich

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.

HB 1004: FOR AN ACT ENTITLED, An Act to revise the requirements for declaration of candidacy.

Was read the second time.

     The question being "Shall HB 1004 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Collier

Excused were:
Diedrich

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.

HB 1005: FOR AN ACT ENTITLED, An Act to revise the requirements for the ballot stamp.

Was read the second time.

The question being "Shall HB 1005 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Diedrich

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.

HB 1044: FOR AN ACT ENTITLED, An Act to define certain bank dividends.

Was read the second time.

     The question being "Shall HB 1044 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; 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; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Volesky

Excused were:
Diedrich

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1028: FOR AN ACT ENTITLED, An Act to provide that any person who has lost hunting, fishing, or trapping privileges in another jurisdiction may not exercise that same privilege in South Dakota while under revocation.

Was read the second time.

Rep. Pederson (Gordon) moved that HB 1028 be amended as follows:

On page 1 , line 8 of the printed bill , delete " province of Canada " and insert " country " .

On page 1 , line 8 , delete " or attempt to purchase " .

Rep. Hunt moved to amend Rep. Pederson's pending amendment by deleting the last line.

Which motion lost.

Rep. Monroe moved to amend Rep. Pederson's pending amendment as follows: delete "and insert "country"".

A roll call vote was requested and supported.

    The question being shall Rep. Monroe's amendment to Rep. Pederson's pending amendment pass?

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Cerny; Collier; Cutler; de Hueck; Duenwald; Duniphan; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Madden; McNenny; Monroe; Napoli; Peterson (Bill); Pummel; Rost; Schrempp; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Derby; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Matthews; Moore; Munson (Donald); Pederson (Gordon); Putnam; Richter; Roe; Schaunaman; Smidt; Solum; Van Gerpen; Volesky; Speaker Hagg

Excused were:
Davis; Diedrich

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

The question now being on Rep. Pederson's motion to amend HB 1028.

Which motion prevailed.

Rep. Windhorst moved that HB 1028 be amended as follows:

On page 1 , line 9 of the printed bill , after " suspension " insert " , unless the offense for which the privileges were revoked would have resulted in such revocation had it been committed in South Dakota " .

Rep. Lucas rose to a point of order relating to amendments being written and distributed to members.

Speaker Hagg ruled the amendment in order.

The Speaker allowed Rep. Windhorst to change the wording of his amendment by substituting "if" in place of "unless".

There being no objection the wording was changed.

The question now being on Rep. Windhorst's motion to amend HB 1028.

Which motion lost.

Rep. Richter moved the previous question.

Which motion prevailed.

The question being "Shall HB 1028 pass as amended?"

And the roll being called:

Yeas 46, Nays 23, Excused 1, Absent and Not Voting 0

Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lucas; Matthews; Pederson (Gordon); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Wetz; Wick; Speaker Hagg

Nays were:
Apa; Cerny; Davis; Duenwald; Gleason; Hassard; Johnson (Doug); Kooistra; Koskan; Lee; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Putnam; Sokolow; Sperry; Weber; Windhorst

Excused were:
Diedrich

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.

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statewide open enrollment of students in public school districts.

Was read the second time.

Rep. Eccarius moved that HB 1024 be deferred until Friday, January 23rd, the 9th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1069: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of agricultural land and to declare an emergency.

Was read the second time.

The question being "Shall HB 1069 pass?"

And the roll being called:

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

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

Nays were:
McNenny

Excused were:
Diedrich; Koetzle

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.

HB 1006: FOR AN ACT ENTITLED, An Act to require an additional mailing before a voter may be purged from the registration list.

Was read the second time.

     The question being "Shall HB 1006 pass?"

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent and Not Voting 0

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

Nays were:
Apa; Brown (Jarvis); Eccarius; Fiegen; Gabriel; Koskan; Lee; Munson (Donald); Peterson (Bill); Sokolow

Excused were:
Diedrich; Koetzle

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

HB 1007: FOR AN ACT ENTITLED, An Act to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule- making authority for implementing the voter's instructions on term limits.

Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Brown (Jarvis); Collier; Cutler; Duenwald; Fiegen; Gabriel; Haley; Konold; Matthews; Peterson (Bill); Roe; Smidt

Excused were:
Diedrich; Jaspers; Koetzle

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

     HB 1036: FOR AN ACT ENTITLED, An Act to authorize certain employees of local governments to operate a vehicle without a commercial driver's license under certain circumstances.

     Was read the second time.

Rep. Hunt moved that HB 1036 be deferred until Monday, January 26th, the 10th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1077: FOR AN ACT ENTITLED, An Act to increase the fees the sheriff is allowed for collecting taxes.

Was read the second time.

     The question being "Shall HB 1077 pass?"

     And the roll being called:

     Yeas 59, Nays 7, Excused 3, Absent and Not Voting 1

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

Nays were:
Barker; Collier; Davis; Koetzle; Lockner; Napoli; Weber

Excused were:
Brown (Richard); Jaspers; Kooistra

Absent and Not Voting were:
Hagen

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

     HB 1041: FOR AN ACT ENTITLED, An Act to authorize the Banking Commission to promulgate certain administrative rules regarding the mortgage lending business.

     Was read the second time.

Rep. Pederson (Gordon) moved that HB 1041 be deferred until Monday, January 26th, the 10th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1046 : FOR AN ACT ENTITLED, An Act to provide for rule-making authority for the sale of health and life insurance.

Was read the second time.

Rep. Broderick moved that HB 1046 be deferred until Monday, January 26th, the 10th legislative day.

Which motion prevailed and the bill was so deferred.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1012 which was tabled.

Respectfully submitted,
Larry Gabriel, Chair

MOTIONS AND RESOLUTIONS

     Rep. Gabriel moved that HB 1137 and 1124 be referred from the Committee on State
Affairs to the Committee on Taxation.

     Which motion prevailed and the bills were so referred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 3: FOR AN ACT ENTITLED, An Act to clarify the employment status of certain election workers.

Was read the first time and referred to the Committee on Local Government.

SB 8: FOR AN ACT ENTITLED, An Act to revise the procedure for the renewal of certain school and public lands leases.

Was read the first time and referred to the Committee on State Affairs.

SB 12: FOR AN ACT ENTITLED, An Act to establish a uniform procedure for creating certain special districts and electing the first board of trustees.

Was read the first time and referred to the Committee on Local Government.

SB 14: FOR AN ACT ENTITLED, An Act to restrict when a state employee may be granted leave to participate in certain disaster relief services.

Was read the first time and referred to the Committee on State Affairs.

SB 15: FOR AN ACT ENTITLED, An Act to revise the restrictions on donation of leave by state employees.

Was read the first time and referred to the Committee on State Affairs.

SB 25: FOR AN ACT ENTITLED, An Act to codify the legislation passed in 1997.

Was read the first time and referred to the Committee on Judiciary.

SB 27: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding medication aides.

Was read the first time and referred to the Committee on Health and Human Services.

SB 38: FOR AN ACT ENTITLED, An Act to increase the liquidated costs imposed for law enforcement training.

Was read the first time and referred to the Committee on Judiciary.

SB 39: FOR AN ACT ENTITLED, An Act to provide for the public procurement of construction services utilizing the design-build procurement process.

Was read the first time and referred to the Committee on State Affairs.

SB 41: FOR AN ACT ENTITLED, An Act to allow certain adjudicated children to be placed in the juvenile prison or the state training school.

Was read the first time and referred to the Committee on Judiciary.

SB 71: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code

Was read the first time and referred to the Committee on Taxation.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 3:29 p.m. the House adjourned.

KAREN GERDES, Chief Clerk