House Journal 02/02/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 2, 1998

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by House page Angie Hanson.

     Roll Call: All members present except Reps. Crisp and Sokolow who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fourteenth 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.

The oath of office was administered by Speaker Hagg to the following named pages: Joan Beaner, Amy Becker, Abigail Clarke, Jennifer Engelbrecht, Allison Hamiel, Angela Hanson, Sherry Happel, Robert Joachim, Jennifer Leonard, Joshua Lewis, Carly McCuen, Sarah Pankratz, and Jennifer Slagle.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill be amended as follows:

r-1197

On page 3 , line 17 of the printed bill , remove the overstrikes from " ~~Class 2~~ " .

On page 3 , line 17 , delete " Class 1 " .

R-1197a

On page 2 , delete lines 21 to 23 of the printed bill , inclusive .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1210 and returns the same with the recommendation that said bill be amended as follows:

r-1210a

On page 1 , line 6 of the printed bill , delete " imposed conditions of " and insert " the provisions of § 23A-43-4.2 " .

On page 1 , line 7 , delete " release " .

R-1210t

On page 1 , line 2 of the printed bill , delete " imposed conditions of release " and insert " the provisions of § 23A-43-4.2 " .

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 1170, 1171 and 1201 which were 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 1107 and SB 81 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill be amended as follows:

f-1185a

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

" Section 1. That § 32-6B-5 be amended by adding thereto a NEW SUBDIVISION to read as follows:

Any person may sell boat trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue at least five days before the event. Before issuance of a permit, the applicant must provide proof they are a licensed dealer in their own state and have no outstanding dealer violations. The person shall pay a fee of one hundred and fifty dollars for a ten-day temporary permit. "

f-1185t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " exempt certain persons selling boat trailers during an event from certain regulations regarding vehicle dealers " .

On page 1 , line 2 , delete " vehicles " .

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 1040 and 1148 which were deferred to the 36th legislative day.

Respectfully submitted,
Bill Napoli, Vice Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1161 and returns the same with the recommendation that said bill be amended as follows:

j-1161c

On page 1 , line 7 of the printed bill , delete everything before " . " .

On page 1 , line 10 , delete " in a manner " and insert " by incineration in a medical waste incinerator approved by the Department of Environment and Natural Resources. If incineration is used, the remains of the human fetus shall be incinerated separately from other medical waste. " .

On page 1 , line 11 , delete everything before " . " .

J-1161d

On page 1 , line 4 of the printed bill , after " human " insert " embryo or " .

On page 1 , line 9 , after " human " insert " embryos or " .

On page 2 , line 6 , after " human " insert " embryo or " .

On the previous amendment, on the second instruction, after "human" insert "embryo or".

J-1161t

On page 1 , line 1 of the printed bill , after " human " insert " embryos and " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162 and 1205 which were deferred to the 36th legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1034 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 45, 46, 47, 48, 49, 50, 51, 67, 84, 90, 134, 138, 151, 207, and 211 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1009: A CONCURRENT RESOLUTION, Urging Congress and the President to revise the current farm bill to restore a safety net for farmers and ranchers.

     Rep. Schrempp moved that HCR 1009 as found on pages 221 and 222 of the House Journal be adopted.

     The question being on the motion to adopt HCR 1009.

    And the roll being called:

     Yeas 29, Nays 39, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Cerny; Chicoine; Collier; Cutler; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Putnam; Roe; Schaunaman; Schrempp; Sperry; Volesky; Waltman; Weber

Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Crisp; Sokolow

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

HCR 1010: A CONCURRENT RESOLUTION, Urging the United States Secretary of Agriculture to take steps to save America's family farms.

Rep. Weber moved that HCR 1010 as found on pages 222 and 223 of the House Journal be adopted.

    The question being on the motion to adopt HCR 1010.

     And the roll being called:

     Yeas 40, Nays 27, Excused 2, Absent and Not Voting 1

     Yeas were:
Barker; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; Derby; Diedrich; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Monroe; Moore; Putnam; Roe; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick

Nays were:
Belatti; Brooks; Brown (Gary); de Hueck; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Hassard; Jaspers; Johnson (Doug); Konold; Koskan; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Solum; Volesky; Windhorst; Speaker Hagg

Excused were:
Crisp; Sokolow

Absent and Not Voting were:
Apa

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

HCR 1008: A CONCURRENT RESOLUTION, Requesting the United States Fish and Wildlife Service to postpone indefinitely the placement of the Topeka Shiner (Notropis topeka) on the Endangered Species List.

Rep. McNenny moved that HCR 1008 as found on pages 220 and 221 of the House Journal be adopted.

The question being on the motion to adopt HCR 1008 as amended.

     And the roll being called:

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

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

Nays were:
Barker; Collier; de Hueck

Excused were:
Crisp; Sokolow

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1037 as found on pages 316 and 317 of the House Journal; also

     Judiciary on HB 1252 as found on page 317 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1235: FOR AN ACT ENTITLED, An Act to clarify when rural electric cooperative members may vote by mail.

Was read the second time.

The question being "Shall HB 1235 pass as amended?"

And the roll being called:

Yeas 62, Nays 4, Excused 2, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; 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; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Brooks; Cutler; Gabriel; Pederson (Gordon)

Excused were:
Crisp; Sokolow

Absent and Not Voting were:
Collier; Duniphan

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 1018: FOR AN ACT ENTITLED, An Act to raise the minimum driving age.

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

Rep. Kooistra moved that HB 1018 be deferred until the 36th legislative day.

The question being on Rep. Kooistra's motion that HB 1018 be deferred until the 36th legislative day.

     And the roll being called:

     Yeas 63, Nays 4, Excused 2, Absent and Not Voting 1

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

Nays were:
Fiegen; Lucas; Monroe; Volesky

Excused were:
Crisp; Sokolow

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 HB 1018 was deferred to the 36th legislative day.

HB 1083: FOR AN ACT ENTITLED, An Act to cede certain jurisdiction over the Federal Prison Camp to the United States.

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

r-1083a

Rep. Moore moved that HB 1083 be amended as follows:

On page 1 , line 5 of the House State Affairs committee engrossed bill , delete " cede " and insert " grants " .

On page 1 , line 6 , delete " cession " and insert " grant " .

On page 1 , line 7 , after " purposes " insert " and does not constitute a waiver of any state or local jurisdiction that the state or any local government may choose to exercise concurrently with federal jurisdiction " .

Which motion prevailed and HB 1083 was so amended.

The question being "Shall HB 1083 pass as amended?"

And the roll being called:

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

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

Excused were:
Crisp; Sokolow

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

The question being on the title.

Rep. Moore moved that the title to HB 1083 be amended as follows:

On page 1 , line 1 , delete " cede " and insert " grant " .

Which motion prevailed and the title was so amended.

HB 1084: FOR AN ACT ENTITLED, An Act to add fine arts to academic content standards.

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

o-1084

Rep. Koskan moved that HB 1084 be amended as follows:

On page 1 , after line 10 of the printed bill , insert:

" Section 2. The provisions of § 6-15-1 do not apply to this Act. "

    A roll call vote was requested and supported.

     The question being on Rep. Koskan's motion to amend HB 1084.

     And the roll being called:

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

Yeas were:
Apa; Chicoine; Davis; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Johnson (Doug); Kooistra; Koskan; Kredit; Lee; Lockner; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Roe; Schrempp; Smidt; Sperry; Van Gerpen; Waltman; Wetz; Wick

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Cutler; de Hueck; Derby; Duniphan; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Lucas; Madden; Pederson (Gordon); Peterson (Bill); Richter; Rost; Schaunaman; Solum; Volesky; Weber; Windhorst; Speaker Hagg

Excused were:
Crisp; Sokolow

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

Rep. Brooks moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1084 pass?"

     And the roll being called:

     Yeas 34, Nays 34, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Cutler; de Hueck; Derby; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Lucas; Matthews; Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Solum; Sperry; Volesky; Waltman; Speaker Hagg

Nays were:
Apa; Broderick; Cerny; Davis; Diedrich; Duenwald; Duniphan; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Johnson (Doug); Kooistra; Koskan; Kredit; Lee; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Putnam; Roe; Schrempp; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst

Excused were:
Crisp; Sokolow

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

HB 1112: FOR AN ACT ENTITLED, An Act to provide for a statute of limitations in certain negligence actions against regional airports.

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

     The question being "Shall HB 1112 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 15, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Koskan; Lee; Matthews; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schrempp; Solum; Sperry; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Duenwald; Hassard; Koetzle; Konold; Kredit; Lockner; Lucas; Madden; McNenny; Munson (Donald); Putnam; Smidt; Van Gerpen; Wetz

Excused were:
Belatti; Crisp; Moore; Schaunaman; Sokolow

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 1165: FOR AN ACT ENTITLED, An Act to adopt the current edition of the Uniform Building Code.

Was read the second time.

m-1165

Rep. Gabriel moved that HB 1165 be amended as follows:

On page 1 , line 5 of the printed bill , remove the overstrikes from " ~~1994~~ " and insert " or " .

On page 4 , line 3 , remove the overstrikes from " ~~1994~~ " and insert " or " .

Which motion prevailed and HB 1165 was so amended.

     The question being "Shall HB 1165 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 10, Excused 3, Absent and Not Voting 2

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

Nays were:
Apa; Broderick; Davis; Kooistra; Lockner; Madden; McNenny; Napoli; Pederson (Gordon); Windhorst

Excused were:
Crisp; Moore; Sokolow

Absent and Not Voting were:
Koetzle; Lee

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

The question being on the title.

o-1165t

Rep. Gabriel moved that the title to HB 1165 be amended as follows:

On page 1 , line 1 of the printed bill , delete " adopt the current edition of " and insert " revise certain provisions regarding " .

Which motion prevailed and the title was so amended.

HB 1248: FOR AN ACT ENTITLED, An Act to authorize off-sale alcoholic beverage licensees to provide free samples of distilled spirits.

Was read the second time.

o-1248

Rep. Jorgensen moved that HB 1248 be amended as follows:

On page 1 , line 6 of the printed bill , after " of " insert " malt beverages, " .

On page 1 , line 7 , after " the " insert " malt beverages, " .

On page 1 , line 9 , after " The " insert " malt beverage, " .

On page 1 , line 11 , after " off-sale. " insert " No sample of malt beverage may be larger than three fluid ounces. " .

On page 1 , line 12 , after " of " insert " malt beverage, one variety of " .

On page 1 , line 12 , after " wine " insert " , " .

On page 1 , line 14 , overstrike " , and " and insert " . No more than one sample of malt beverage, " .

On page 1 , line 14 , after " wine " insert " , " .

On page 1 , line 15 , after " No " insert " malt beverage, " .

Which motion prevailed and HB 1248 was so amended.

     The question being "Shall HB 1248 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Cerny; Chicoine; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Madden; McNenny; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Solum; Windhorst; Speaker Hagg

Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Collier; Fiegen; Fitzgerald; Hunt; Kooistra; Koskan; Kredit; Matthews; Monroe; Munson (Donald); Putnam; Richter; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

Excused were:
Crisp; Sokolow

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

The question being on the title.

Rep. Jorgensen moved that the title to HB 1248 be amended as follows:

On page 1 , line 2 of the printed bill , after " of " insert " malt beverages and " .

Which motion prevailed and the title was so amended.

HB 1226: FOR AN ACT ENTITLED, An Act to provide a procedure for the petitioning for change of certain agency policies.

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

Rep. Koskan moved that HB 1226 be deferred until Wednesday, February 4th, the 17th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1309: FOR AN ACT ENTITLED, An Act to revise certain restrictions for operating a motor vehicle during farm operations by certain persons with an instructional or restricted minor's permit.

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

v-1309b

Rep. Jaspers moved that HB 1309 be amended as follows:

On page 2 , line 8 of the House Transportation committee engrossed bill , after " operations " insert " as long as the gross vehicle weight is fifteen thousand pounds or less and the driver does not go inside a municipality's city limits. Nearby farmland means farmland that is within ten miles of the home farm buildings " .

On page 2 , line 21 , after " operations " insert " as long as the gross vehicle weight is fifteen thousand pounds or less and the driver does not go inside a municipality's city limits. Nearby farmland means farmland that is within ten miles of the home farm buildings " .

Rep. McNenny moved that Rep. Jaspers' pending amendment be amended by deleting the last sentence in both paragraphs.

Mr. Speaker being in doubt on the voice vote requested a roll call vote.

The question being on Rep. McNenny's motion to amend Rep. Jaspers' pending amendment to HB 1309.

    And the roll being called:

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

     Yeas were:
Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Cutler; Diedrich; Duenwald; Eccarius; Fitzgerald; Gabriel; Gleason; Hagen; Jaspers; Johnson (Doug); Jorgensen; Koskan; Lee; Lockner; Madden; McNenny; Monroe; Pederson (Gordon); Pummel; Putnam; Richter; Schrempp; Solum; Sperry; Waltman; Windhorst

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Richard); Collier; Davis; de Hueck; Derby; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Haley; Hassard; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lucas; Matthews; Moore; Munson (Donald); Napoli; Peterson (Bill); Roe; Rost; Schaunaman; Smidt; Van Gerpen; Volesky; Weber; Wetz; Wick; Speaker Hagg

Excused were:
Crisp; Sokolow

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. Jaspers' motion to amend HB 1309.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 47, Nays 20, Excused 2, Absent and Not Voting 1

     Yeas were:
Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Cutler; Davis; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Monroe; Munson (Donald); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Brooks; Cerny; de Hueck; Derby; Fitzgerald; Hagen; Hunt; Kazmerzak; Konold; Kooistra; Matthews; McNenny; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Richter; Van Gerpen; Weber

Excused were:
Crisp; Sokolow

Absent and Not Voting were:
Barker

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1309 was so amended.

Rep. Diedrich moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1309 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 32, Excused 3, Absent and Not Voting 0

     Yeas were:
Belatti; Brown (Jarvis); Brown (Richard); Collier; Cutler; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Koskan; Lee; Lockner; Madden; McNenny; Monroe; Munson (Donald); Pummel; Roe; Schaunaman; Schrempp; Smidt; Solum; Sperry; Volesky; Waltman; Wetz; Windhorst

Nays were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Cerny; Chicoine; Davis; de Hueck; Derby; Duniphan; Eccarius; Fiegen; Fitzgerald; Haley; Hunt; Kazmerzak; Konold; Kooistra; Kredit; Lucas; Matthews; Moore; Napoli; Peterson (Bill); Putnam; Richter; Rost; Van Gerpen; Weber; Wick; Speaker Hagg

Excused were:
Crisp; Pederson (Gordon); Sokolow

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

Speaker Pro tempore Hunt now presiding.

HB 1166: FOR AN ACT ENTITLED, An Act to revise the prohibition against certain alcoholic beverage manufacturers engaging in retail business.

Was read the second time.

The question being "Shall HB 1166 pass?"

     And the roll being called:

     Yeas 48, Nays 15, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Lee; Lockner; Madden; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Brooks; Collier; de Hueck; Fiegen; Fitzgerald; Hunt; Kooistra; Koskan; Kredit; Lucas; Matthews; Smidt; Van Gerpen; Volesky

Excused were:
Crisp; Koetzle; Munson (Donald); Pederson (Gordon); Sokolow

Absent and Not Voting were:
Konold; Solum

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 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the taxation of telecommunications property.

Was read the second time.

     The question being "Shall HB 1050 pass?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0

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

Nays were:
Gabriel; Lockner; Schaunaman; Volesky; Windhorst

Excused were:
Crisp; Koetzle; Munson (Donald); Sokolow; Speaker Hagg

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 1117: FOR AN ACT ENTITLED, An Act to revise the county bonding authority.

Was read the second time.

Rep. Belatti moved that HB 1117 be deferred until Tuesday, February 3rd, the 16th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1232: FOR AN ACT ENTITLED, An Act to provide for confidentiality for trade secrets or commercial or financial information provided to municipalities.

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

     The question being "Shall HB 1232 pass?"

     And the roll being called:

     Yeas 60, Nays 6, Excused 4, Absent and Not Voting 0

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

Nays were:
Collier; Davis; Derby; Duxbury; Lockner; Moore

Excused were:
Crisp; Koetzle; Munson (Donald); Sokolow

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 1229: 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 second time.

b-1229

Rep. Gabriel moved that HB 1229 be amended as follows:

On page 2 , line 4 of the House Commerce committee engrossed bill , delete " Fifty " and insert " Forty-two " .

On page 2 , line 7 , delete " Fifty " and insert " Fifty-eight " .

On page 2 , line 14 , delete " thirty-three and one-quarter " and insert " twenty-four and two- tenths " .

On page 2 , line 21 , delete " three and one-half " and insert " three and six-tenths " .

On page 3 , line 4 , delete " sixty-three and one-quarter " and insert " seventy-two and two- tenths " .

On page 3, delete line 7.

    A roll call vote was requested and supported.

     The question being on Rep. Gabriel's motion to amend HB 1229.

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Brown (Gary); Cerny; de Hueck; Derby; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Jorgensen; Kooistra; Koskan; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Richter; Roe; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Cutler; Davis; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Pederson (Gordon); Pummel; Putnam; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman

Excused were:
Crisp; Sokolow

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

Rep. Madden moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1229 pass as amended?"

     And the roll being called:

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

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Monroe; Pederson (Gordon); Putnam; Roe; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber

Nays were:
Apa; Barker; Belatti; Brown (Gary); Davis; de Hueck; Derby; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Jorgensen; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Richter; Rost; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Crisp; Sokolow

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

Rep. Cutler announced his intention to reconsider the vote by which HB 1229 was lost.

HB 1090: FOR AN ACT ENTITLED, An Act to shorten the term of office for members of the Board of Regents.

Was read the second time.

The question being "Shall HB 1090 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Cutler; de Hueck; Duenwald; Duniphan; Fiegen; Fitzgerald; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Rost; Smidt; Solum; Van Gerpen; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Barker; Belatti; Broderick; Chicoine; Davis; Derby; Diedrich; Duxbury; Eccarius; Fischer- Clemens; Gabriel; Gleason; Haley; Jorgensen; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Richter; Roe; Schaunaman; Schrempp; Sperry; Volesky; Waltman; Windhorst

Excused were:
Crisp; Sokolow

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

Speaker Hagg now presiding.

     HB 1178: FOR AN ACT ENTITLED, An Act to allow the use of absentee voting in certain township elections.


     Rep. Gabriel moved that HB 1178 be deferred until Tuesday, February 3rd, the 16th legislative day.

     Which motion prevailed and the bill was so deferred.

HB 1168: FOR AN ACT ENTITLED, An Act to clarify certain provisions concerning the right of a party to request a different hearing examiner in contested cases.

Was read the second time.

r-1168

Rep. de Hueck moved that HB 1168 be amended as follows:

On page 1 , line 7 of the printed bill , delete " person " and insert " hearing officer " .

Which motion prevailed and HB 1168 was so amended.

The question being "Shall HB 1168 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Richter; Roe; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

Nays were:
Belatti; Brooks; Cutler; Duniphan; Fiegen; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Monroe; Pederson (Gordon); Putnam; Rost; Solum; Wetz; Wick

Excused were:
Crisp; Lucas; Sokolow

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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 45: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 46: FOR AN ACT ENTITLED, An Act to increase the time period to choose additional survivor protection coverage under the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 47: FOR AN ACT ENTITLED, An Act to revise the age at which certain members of the South Dakota Retirement System can retire without a reduction in benefits.

Was read the first time and referred to the Committee on Retirement Laws.

SB 48: FOR AN ACT ENTITLED, An Act to permit the Huron firefighters to participate in the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 49: FOR AN ACT ENTITLED, An Act to prorate the interest on contributions under the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 50: FOR AN ACT ENTITLED, An Act to reduce the eligibility period for vesting in the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 51: FOR AN ACT ENTITLED, An Act to prorate a South Dakota Retirement System benefit recipient's initial annual improvement factor.

Was read the first time and referred to the Committee on Retirement Laws.

SB 67: FOR AN ACT ENTITLED, An Act to prohibit any person under the age of twenty- one from operating a motor vehicle if there is alcohol present in the person's blood or after consuming marijuana or any controlled drug or substance.

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

SB 84: FOR AN ACT ENTITLED, An Act to authorize sheriffs to collect fees for expenses incurred in executing court orders.

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

SB 90: FOR AN ACT ENTITLED, An Act to revise the requirements for imposing an excess tax levy.

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

SB 134: FOR AN ACT ENTITLED, An Act to permit the Division of Criminal Investigation to process national criminal history checks on applicants for employment with and licensing by the Sisseton-Wahpeton Sioux Tribe.

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

SB 138: FOR AN ACT ENTITLED, An Act to revise the circumstances permitting warrantless arrests.

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

SB 151: FOR AN ACT ENTITLED, An Act to allow lottery prizes for lotteries selling chances to raise money to be of greater value under certain circumstances and to authorize certain larger lottery prizes.

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

SB 207: FOR AN ACT ENTITLED, An Act to repeal the subsequent injury fund and to provide for the administration and reimbursement of any remaining funds.

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

SB 211: FOR AN ACT ENTITLED, An Act to permit the use of freeze brands on horses and mules.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1034 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1034: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the Animal Industry Board, to provide for promulgation of certain rules with regard to chronic wasting disease in cervidae, and to declare an emergency.

     And signed the same in the presence of the House.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 5:55 p.m. the House adjourned.

KAREN GERDES, Chief Clerk