The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by House page Sarah Pankratz.
Roll Call: All members present except Rep. Gabriel who was excused.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1315 and returns the same with the recommendation that said bill do pass.
"
Section 1. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as
follows:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1076, 1317, and 1326 which were deferred to the 36th legislative day.
Respectfully submitted,
J.E. “Jim” Putnam, Chair
I have the honor to return herewith HB 1045, 1049, 1052, 1053, 1139, 1152, 1154, 1176,
1198, 1224, and 1254 which have passed the Senate without change.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 111, 149, 197, 214, and 222 which have passed
the Senate and your favorable consideration is respectfully requested.
HCR 1002:
A CONCURRENT RESOLUTION,
Expressing legislative intent with
reference to the issuance of special three-day nonresident waterfowl licenses.
Rep. Moore moved that HCR 1002 as found on pages 13 and 14 and as amended on page
362 of the House Journal be adopted.
Rep. Schaunaman moved as a substitute motion that HCR 1002 be placed on tonight's
calendar.
Which motion prevailed and the resolution was so placed.
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 and to declare an
emergency.
Rep. Duniphan moved that HB 1007 be placed on tonight's calendar.
The Speaker, being in doubt on the voice vote, requested a roll call vote.
And the roll being called:
Nays were:
Barker; Collier; Fischer-Clemens; Hassard; Kazmerzak; Koetzle
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Putnam; Sokolow
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and HB 1007 was placed on tonight's calendar.
Rep. Broderick moved that the House do concur in the Senate amendments to HB 1041.
The question being on Rep. Broderick's motion that the House do concur in the Senate
amendments to HB 1041.
And the roll being called:
Yeas 58, Nays 1, Excused 11, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Jaspers;
Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Madden;
Matthews; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Richter; Roe; Rost;
Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz;
Wick; Windhorst; Speaker Hagg
Nays were:
Napoli
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Putnam; Sokolow
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Nays were:
Napoli; Windhorst
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Putnam; Sokolow
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the motion carried and the amendments were concurred in.
Speaker Hagg announced that HB 1313 would be considered tonight under Order of
Business No. 8.
HB 1251:
FOR AN ACT ENTITLED, An Act
to provide a process for a manufacturer to
place a lien on or dispose of a die, mold, form, or pattern.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1251 pass as amended?"
And the roll being called:
Nays were:
Davis
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
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 1010:
FOR AN ACT ENTITLED, An Act
to provide for certain limited term
nonresident waterfowl licenses.
Was read the second time.
Rep. Duenwald moved that HB 1010 be placed to precede HB 1223 on tonight's calendar.
Which motion prevailed and the bill was so placed.
Rep. Roe now presiding.
HB 1234:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
confidentiality of certain medical committees.
Was read the second time.
The question being "Shall HB 1234 pass as amended?"
And the roll being called:
Nays were:
Duxbury; Koetzle; Napoli
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
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 1153:
FOR AN ACT ENTITLED, An Act
to provide for the succession to a vehicle
dealership by a legal heir or devisee.
Was read the second time.
The question being "Shall HB 1153 pass as amended?"
And the roll being called:
Yeas 58, Nays 2, Excused 10, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug);
Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Madden; Matthews; 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:
Barker; Collier
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Sokolow
HB 1268:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to water
development districts.
Was read the second time.
The question being "Shall HB 1268 pass as amended?"
And the roll being called:
Yeas 55, Nays 5, Excused 10, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard);
Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Jaspers; Johnson
(Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Madden; Matthews;
Monroe; Moore; Munson (Donald); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker
Hagg
Nays were:
Fiegen; Napoli; Pummel; Wetz; Windhorst
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
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 1271:
FOR AN ACT ENTITLED, An Act
to revise the procedure for petitioning the
board of county commissioners and if the petition is rejected to allow the decision to be referred.
Was read the second time.
"
Section 2. That
§
11-2-30
be amended to read as follows:
Rep. Weber requested a division of the house. The Speaker ruled his request out of order.
The question being "Shall HB 1271 pass as amended?"
And the roll being called:
Yeas 50, Nays 9, Excused 11, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine;
Collier; Crisp; Davis; de Hueck; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen;
Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Kazmerzak; Konold; Kooistra; Kredit;
Lee; Lockner; Madden; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel;
Putnam; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman;
Weber; Wetz; Wick
Nays were:
Brown (Richard); Diedrich; Jaspers; Johnson (Doug); Matthews; Richter; Roe; Windhorst;
Speaker Hagg
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koetzle; Koskan; Lucas; McNenny; Pederson
(Gordon); 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. Brooks moved that the title to HB 1271 be amended as follows:
HB 1323:
FOR AN ACT ENTITLED, An Act
to allow a first class municipality to assess
property outside of the municipality's territorial limits with the consent of the county.
Was read the second time.
The question being "Shall HB 1323 pass as amended?"
And the roll being called:
Yeas 12, Nays 44, Excused 11, Absent and Not Voting 3
Yeas were:
Brown (Gary); Collier; de Hueck; Derby; Duniphan; Eccarius; Fiegen; Peterson (Bill); Pummel;
Roe; Volesky; Speaker Hagg
Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp;
Davis; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard;
Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Madden;
Matthews; Monroe; Moore; Munson (Donald); Napoli; Putnam; Richter; Rost; Schrempp;
Smidt; Solum; Sperry; Waltman; Weber; Wetz; Wick; Windhorst
Absent and Not Voting were:
Barker; Schaunaman; Van Gerpen
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1206:
FOR AN ACT ENTITLED, An Act
to provide for legislative review of zoning
ordinances if there is a protest filed.
Was read the second time.
The question being "Shall HB 1206 pass as amended?"
And the roll being called:
Yeas 50, Nays 7, Excused 11, Absent and Not Voting 2
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen;
Fischer-Clemens; Fitzgerald; Gleason; Hassard; Jaspers; Kazmerzak; Konold; Kooistra; Kredit;
Lee; Lockner; Madden; Matthews; Monroe; Moore; Peterson (Bill); Pummel; Putnam; Richter;
Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber;
Wetz; Wick; Speaker Hagg
Nays were:
Barker; Collier; Johnson (Doug); Munson (Donald); Napoli; Solum; Windhorst
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koetzle; Koskan; Lucas; McNenny; Pederson
(Gordon); Sokolow
HB 1174:
FOR AN ACT ENTITLED, An Act
to revise certain solid waste reduction goals
and landfill bans.
Was read the second time.
The Speaker, being in doubt on the voice vote, requested a roll call vote.
The question being on Rep. Wetz's motion to amend HB 1174.
And the roll being called:
Yeas 35, Nays 23, Excused 10, Absent and Not Voting 2
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fitzgerald; Gleason; Hassard; Jaspers; Johnson (Doug);
Kazmerzak; Kooistra; Kredit; Lockner; Madden; Napoli; Peterson (Bill); Pummel; Putnam;
Richter; Schrempp; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst
Nays were:
Barker; Brown (Gary); Brown (Jarvis); Collier; Crisp; Davis; de Hueck; Derby; Fiegen; Fischer-
Clemens; Koetzle; Konold; Lee; Matthews; Monroe; Munson (Donald); Roe; Rost;
Schaunaman; Smidt; Solum; Volesky; Speaker Hagg
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Sokolow
Absent and Not Voting were:
Hagen; Moore
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and HB 1174 was so amended.
Nays were:
Barker; Broderick; Collier; Davis; Fiegen; Fischer-Clemens; Koetzle; Konold; Munson
(Donald)
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Sokolow
Absent and Not Voting were:
Hagen; Moore
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Duxbury moved that HB 1263 be placed on tonight's calendar.
Which motion prevailed and the bill was so placed.
Speaker Hagg now presiding.
SB 149:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the
formation of school districts and contractual agreements among school districts.
Was read the first time and referred to the Committee on Education.
SB 214:
FOR AN ACT ENTITLED, An Act
to expedite the release of counterfeit liens,
court documents, or other instruments on public record.
Was read the first time and referred to the Committee on Judiciary.
SB 222:
FOR AN ACT ENTITLED, An Act
to provide for the liability of certain prisoners
confined to jail for the costs of certain services and confinement and to provide a lien therefor.
Was read the first time and referred to the Committee on Judiciary.
SB 181:
FOR AN ACT ENTITLED, An Act
to revise the state auditor's authority to allow
the restoration of a fund from which a loan is made.
Was read the second time.
The question being "Shall SB 181 pass?"
And the roll being called:
Yeas 50, Nays 10, Excused 10, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens;
Fitzgerald; Gleason; Hagen; Jaspers; Johnson (Doug); Koetzle; Kooistra; Kredit; Lee; Lockner;
Madden; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Roe;
Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Nays were:
Brown (Gary); Crisp; de Hueck; Fiegen; Hassard; Kazmerzak; Konold; Matthews; Richter; Van
Gerpen
Excused were:
Cutler; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lucas; McNenny; Pederson (Gordon);
Sokolow
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1030, 1038, 1039,
1044, 1047, 1048, 1075, 1081, 1087, 1156, and 1172 were delivered to his Excellency, the
Governor, for his approval at 4:10 p.m., February 6, 1998.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared 1041, 1042, 1045, 1049, 1052, 1053, 1139, 1152, 1154,
1176, 1198, 1224, and 1254 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1041:
FOR AN ACT ENTITLED, An Act
to authorize the Banking Commission to
promulgate certain administrative rules regarding the mortgage lending business.
HB 1042:
FOR AN ACT ENTITLED, An Act
to revise certain authority relating to
installment loan licensing and lending requirements.
HB 1045:
FOR AN ACT ENTITLED, An Act
to provide for the licensing of loan
production offices.
HB 1049:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
licensing of certain counselors and to repeal certain provisions relating to the licensing of
counselor associates.
HB 1052:
FOR AN ACT ENTITLED, An Act
to revise certain requirements regarding the
sale of a mobile home or manufactured homes by a dealer or a real estate salesperson or broker.
HB 1053:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding
registration, numbering, titling, and taxation of certain boats.
Rep. Duenwald moved that the House do now recess until 6:30 p.m., which motion
prevailed and at 3:57 p.m., the House recessed.
The House reconvened at 6:30 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 5.
"
Section 10. That
§
41-6-19.3
be amended to read as follows:
41-6-19.3.
If a resident farmer or rancher who owns or leases the
prescribed minimum
acreage
one hundred sixty acres
of farm or ranch land
to qualify for landowner preference,
and
who actually resides on the land, or is an owner-operator of the land, or a member of the farmer
or rancher's immediate family also residing on the land has not received a big game license
pursuant to
§
41-6-19 during the west river prairie deer season, east river deer season, or west
river firearm antelope season set by the Game, Fish and Parks Commission pursuant to
§
41-2-18 and all available permits for the taking of antlered deer or buck antelope have been
issued for the hunting unit in which the person's land is located, the person may apply no earlier
than twenty days prior to the commencement of the applicable season for a limited permit to
hunt one
antlered
deer or
buck
antelope.
No more than
If three hundred twenty acres are so
situated,
two limited permits may be applied for by each farm or ranch household.
For any farm
or ranch west of the Missouri River, the qualifying acreages are doubled, respectively.
Upon
receipt of the application submitted on a form prescribed by the commission, the Department
of Game, Fish and Parks shall issue a limited permit that restricts the holder to the taking of one
animal as designated on the permit only from the farm or ranch lands specified in the
application. The holder of the permit may not take any big game animal from land owned or
leased by other persons.
Any license issued pursuant to this section shall be one-half of the cost
of the equivalent nonlandowner license.
"
The Committee on State Affairs respectfully reports that it has had under consideration
HJR 1004 and returns the same without recommendation.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1294 which was tabled.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1190 and 1287 and HCR 1001 which were deferred to the 36th legislative day.
"
Section 1. For the purposes of this Act, a boat dealer is any person who, for commission or
with intent to make a profit or gain, sells, exchanges, rents, or leases with option to purchase,
offers or attempts to negotiate a sale or exchange of new or used boats as defined in chapter 42-
8, or who is engaged wholly or in part in the business of selling new or used boats.
Section 2. No person may engage in the business of selling, or may offer to sell, display, act
as a broker, or advertise the sale of new or used boats, without a license as provided in this Act.
Any violation of this section is a Class 1 misdemeanor.
Section 3. Any dealer's license issued under this Act shall be of the following classification:
Section 4. Any person selling boats pursuant to the requirements of this Act shall file with
the Department of Revenue, upon forms provided by the department, an application including
the following information:
Section 5. The department shall, in the case of every application for initial license, verify
the facts set forth in the application. The department may not issue a license to the applicant
until it is satisfied that the facts set forth in the application are true. The department may refuse
to issue a license upon any of the grounds stated in this Act.
Section 6. Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of ten thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. If the applicant has multiple dealer licenses, one bond will cover all dealer licenses. The bond shall be of the amount to cover bonding requirements under each license. The bond shall be to the department and in favor of
any customer who suffers any loss that may be occasioned by reason of the failure of title or by
reason of any fraudulent misrepresentation or breach of warranty as to freedom from liens. The
bond shall be for the license period, and a new bond or a proper continuation certificate shall
be delivered to the department prior to the bond's expiration. Any surety company that pays a
claim against the bond of a licensee shall notify the department, in writing, that it has paid such
a claim and shall state the reason and the amount of the claim. Any surety company that cancels
the bond of a licensee shall notify the department, in writing, of such cancellation, giving the
reason for that cancellation. If a claim is made to the department against the bond, which claim
is based upon a final judgment of a court of record of this state, the dealer shall execute an
additional bond for the amount necessary to maintain such security at the original level.
Section 7. No dealer's license may be issued to a person who desires to sell or offer for sale
new boats, until the applicant furnishes proof, satisfactory to the department that the person has
a bona fide contract or franchise in effect in this state with the manufacturer of the boat, or
boats, the person proposes to deal in.
Section 8. Each license may be issued for a multiple year period. The application for license
and all applicable fees are due prior to the issuance of the initial license. The initial fee for a
license shall be two hundred dollars, and a renewal license shall be one hundred dollars. All
licenses shall be reviewed annually by the department. The department shall mail to the licensee
at the last known address a renewal notice. The department shall establish by rules promulgated
pursuant to chapter 1-26 the review date, if other than October first to December thirty-first,
inclusive. If the licensee fails to return the renewal notice or to pay the applicable fees, the
department shall cancel and revoke the license pursuant to the provisions of sections 16 and 17
of this Act.
Section 9. Any dealer licensed under the provisions of this Act, shall keep books, records,
or files, in such form as prescribed or approved by the department. The licensee shall keep a
record of the purchase, sale or exchange, of any boat, a description of the boat together with the
name and address of the owner or other person from whom the boat was purchased or received,
and to whom it was sold or delivered for a period of five years. The description shall include
the boat serial number, manufacturer's make and model. The dealer shall also have in possession
a certificate of title from the previous owner of any boat not purchased from the manufacturer
from the time the boat is delivered to the dealer until it has been disposed of by the dealer. Such
record shall be opened to inspection by any law enforcement law officer or department
inspector.
Section 10. The department shall issue boat dealer license plates made of a durable material
to licensed dealers upon application and payment of twenty dollars for each set desired. The fees
collected shall be deposited in the state motor vehicle fund.
Section 11. Any new boat or used boat owned by a licensed dealer, bearing dealer license
plates issued pursuant to section 10 of this Act may be operated in this state. The license plate
shall be displayed on or carried in the boat. The license plate is transferable by the dealer from
one boat owned by the dealer to another boat owned by the dealer. Any violation of this section
is a Class 1 misdemeanor.
Section 13. If a boat is sold by a licensed dealer, the dealer may provide a temporary thirty-
day license permit which is a permit to operate the boat in this state for a period of thirty days
after the date of sale or until the time the purchaser receives the regular license decals from the
county treasurer, whichever occurs first.
Section 14. The department may appoint dealer inspectors to enforce the provisions of this
Act. The inspectors may enter property pursuant to section 15 of this Act and sign complaints
against persons found in violation of this chapter.
Section 15. In each calendar year, the department may make at least one investigation of
dealers licensed under this Act for the purpose of ascertaining any violation of this Act, chapters
32-3- to 32-5B, inclusive, or chapter 42-8. The investigation shall include an inspection of the
principal place of business, supplemental lots, and any books, records, or files required by the
department. An examination of titles and vehicles owned or offered for sale by the dealer shall
also be conducted.
Section 16. If, prior to an inspection, a dealer refuses to allow the inspection, no inspection
need be made. If, during the course of an inspection, a dealer refuses to allow the inspection to
continue, the inspection shall cease. In either case, however, the department may initiate
revocation proceedings against the dealer's license.
Section 17. The department may deny any application, or suspend or revoke any license
issued under the provisions of this Act, for the violation of any of the following provisions:
Section 19. The department shall, in accordance with chapter 1-26 and at the time and place
fixed pursuant to section 18 of this Act, hear and determine the matter on its merits. If the
department finds the existence of any cause for suspension or revocation as set forth in section
17 of this Act, it shall suspend or revoke the license. A copy of the order shall be served upon
the licensee in the manner provided by chapter 1-26. Upon suspension or revocation, the
licensee shall immediately surrender the license certificate to a representative of the department
serving the written order upon the licensee.
Section 20. The secretary of revenue may adopt rules pursuant to chapter 1-26 as may be
necessary to ensure and obtain uniformity in the issuance, design, and use of dealer licenses, the
inspection of dealers, and the use of dealer plates, demonstration permits, and temporary
licenses as provided by this Act. All local officials charged with the administration of the
provisions of this Act are governed in their official acts by the rules promulgated by the
secretary.
Section 21. For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within the State of South Dakota, easily accessible and open to the public at all reasonable times, with an improved display area immediately adjoining the building that is large enough to display five or more boats of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances and in which building the public may contact the vehicle dealer or the dealer's salesperson. It is the location where the books, records, and files necessary to conduct the business of the boat dealer are kept and maintained. In no event may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of such facility is devoted principally to and occupied for commercial
purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a
principal place of business.
Section 22. If the licensee desires to move from the principal place of business occupied at
the time the license was granted to a new location within the county, the licensee shall secure
written permission from the department to do so. The licensee is required to furnish proof to the
department that the new location constitutes a principal place of business as defined in this Act.
Section 23. Any person licensed under this Act, who sells boats at locations other than the
principal place of business, shall obtain a supplemental license for each auxiliary or
supplemental lot not contiguous to the location for which the original license is issued. If the
license is granted, the licensee may be permitted to use unimproved lots and premises for sale,
storage, and display of vehicles. Supplemental lots and premises shall be located and within the
county of the principal place of business of the applicant and shall meet local zoning codes or
ordinances.
Section 24. If the applicant sets up a principal place of business in more than one county of
this state, the applicant shall secure a separate license for each county. No license for any
additional county may be issued until the department is furnished with proof that the applicant
has a principal place of business in such county and has otherwise complied with this Act.
Section 25. Any out-of-state boat dealer may display, but may not sell, boats and trailers at
an event, if the event lasts three or more days and if the person registers with and purchases a
permit from the Department of Revenue at least five days before the event. The person shall pay
a fee of two hundred dollars for a ten-day temporary permit. In order to qualify as an event, the
event shall be an organized, sponsored event with no less than three licensed boat dealers
displaying boats.
Section 26. Any boat dealer or public auction may sell, or offer to sell, new, or used boats
on consignment. For the purposes of this chapter, consignment means the delivery of a boat by
the owner into the possession of another without transfer of title for the purpose of sale or where
there is any condition that the purchaser does not have an absolute obligation to pay for the boat
or has a right to return the boat to the seller. Any boat dealer or public auction who sells, or
offers to sell, South Dakota titled boats on consignment shall enter into a contract with the
consignor. The department shall prescribe the form of the contract.
Section 27. No person may sell or offer to sell a boat, to which a manufacturer's statement
of origin has not been transferred, on consignment.
Section 28. Before a South Dakota titled boat may be sold by a consignee or at a public
auction pursuant to this Act, the consignee or auctioneer shall have in possession a South
Dakota title for the boat. A violation of this section is a Class 2 misdemeanor.
Section 29. A consignee or an auctioneer may not sell a boat that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. A consignee or an auctioneer may not release the proceeds from the sale of a boat with a lien on the title until the lienholder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1199 and 1278 which were deferred to the 36th legislative day.
The Committee on Retirement Laws respectfully reports that it has had under consideration
SB 44, 45, 46, 47, 48, 49, 50, and 51 and returns the same with the recommendation that said
bills do pass and be placed on the Consent Calendar.
The Committee on Retirement Laws respectfully reports that it has had under consideration
HB 1276 and returns the same without recommendation.
Rep. Schaunaman moved as a substitute motion that HCR 1002 be placed to follow HB
1010 on today's calendar.
Which motion prevailed and the resolution was so placed.
Rep. Jorgensen moved that HB 1007 be placed to precede HB 1223 on today's calendar.
Which motion prevailed and the bill was so placed.
Yesterday, Rep. Hunt announced his intention to reconsider the vote by which HB 1313
was lost.
Rep. Hunt moved to reconsider the vote by which HB 1313 was lost.
The question being on Rep. Hunt's motion to reconsider the vote by which HB 1313 was
lost.
And the roll being called:
Yeas 54, Nays 13, Excused 2, Absent and Not Voting 1
Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier;
Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen;
Fitzgerald; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold;
Kooistra; Koskan; Kredit; Lockner; Madden; Matthews; McNenny; Monroe; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Solum; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Cerny; Duxbury; Fischer-Clemens; Gleason; Kazmerzak; Koetzle; Lee; Lucas; Moore;
Smidt; Sperry; Volesky
Excused were:
Gabriel; Sokolow
Rep. Hunt moved that HB 1313 be placed to follow HB 1263 on tonight's calendar.
Which motion prevailed and the bill was so placed.
Yesterday, Rep. Koskan announced his intention to reconsider the vote by which HB 1009
was lost.
Rep. Koskan moved to reconsider the vote by which HB 1009 was lost.
The question being on Rep. Koskan's motion to reconsider the vote by which HB 1009 was
lost.
And the roll being called:
Yeas 39, Nays 28, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Cerny; Chicoine; Cutler; Davis; de Hueck; Duenwald; Duniphan; Duxbury;
Fiegen; Fitzgerald; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Kooistra; Koskan; Lockner;
Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill);
Pummel; Putnam; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Waltman;
Weber; Speaker Hagg
Nays were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Collier; Crisp; Derby;
Diedrich; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Koetzle; Konold;
Kredit; Lee; Lucas; Pederson (Gordon); Richter; Roe; Volesky; Wetz; Wick; Windhorst
Excused were:
Gabriel; Sokolow
Absent and Not Voting were:
Jorgensen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1009 was up for reconsideration and final passage.
Rep. Koskan moved that HB 1009 be deferred until Tuesday, February 10th, the 21st
legislative day.
Rep. Konold moved that HB 1216 be deferred until Tuesday, February 10th, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1137:
FOR AN ACT ENTITLED, An Act
to repeal the video lottery and to increase
the sales and use tax.
Having had its second reading was up for consideration and final passage.
"
Section
1.
The Executive Board of the Legislative Research Council shall conduct a
thorough and comprehensive review of all forms of legal and illegal gaming and gambling in
South Dakota. The Executive Board shall report its findings to the 2000 Legislature. The
Executive Board shall oversee an independent study completed by a neutral independent firm,
in cooperation with the gaming industry and the state. The study shall include: video lottery,
scratch and match lottery, on-line lottery, Deadwood and Indian style gaming, dog and horse
racing, bingo, raffles, sweepstakes, and other forms of legal and illegal gaming. The study shall
concern the following areas:
Which motion prevailed.
The question being on Rep. Moore's substitute motion to amend HB 1137.
A roll call vote was requested and supported.
And the roll being called:
Yeas 32, Nays 36, Excused 2, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Broderick; Brown (Gary); Cerny; Chicoine; Collier; Davis; de Hueck; Derby;
Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug);
Kazmerzak; Koetzle; Lockner; Lucas; Madden; McNenny; Moore; Napoli; Pederson (Gordon);
Richter; Schaunaman; Solum; Wetz; Windhorst
Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Duenwald; Duniphan; Eccarius;
Fiegen; Fitzgerald; Hunt; Jaspers; Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee;
Matthews; Monroe; Munson (Donald); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schrempp;
Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg
Excused were:
Gabriel; Sokolow
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Section 16. The state special education fund is hereby created in the state treasury. Any
expenditure from the fund shall be made only upon approval of the Legislature.
Section 17. That
§
42-7A-63
be amended to read as follows:
42-7A-63.
The commission shall maximize revenues to the state from video lottery. The
state's percentage of net machine income shall be fifty percent. The state's percentage of net
machine income shall be directly deposited to the
property tax reduction fund
state special
education fund
, except for one-half of one percent of net machine income authorized for deposit
into the video lottery operating fund.
The effective date of this section is July 1, 1996.
Section 18. That
§
42-7A-65
be repealed.
42-7A-65.
Notwithstanding the provisions of
§
42-7A-63, after making all statutorily
required transfers into the video lottery operating fund, forty-five million nine hundred and ten
thousand dollars in fiscal year 1996 shall be taken from the state's share of total video lottery
net machine income and deposited directly into the property tax reduction fund.
"
Which motion prevailed.
The question being on Rep. Chicoine's substitute motion to amend HB 1137.
Which motion lost.
The question now being on Rep. Wick's pending motion that HB 1137 be amended as
found on page 432 of the House Journal.
The Speaker, being in doubt on the voice vote, requested a roll call vote.
And the roll being called:
Nays were:
Barker; Belatti; Broderick; Brown (Gary); Chicoine; Davis; de Hueck; Derby; Diedrich;
Duniphan; Duxbury; Eccarius; Fischer-Clemens; Hagen; Haley; Hassard; Johnson (Doug);
Koetzle; Lockner; Lucas; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon);
Richter; Roe; Schrempp; Solum; Weber
Excused were:
Gabriel; Sokolow
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and HB 1137 was so amended.
The question now being "Shall HB 1137 pass as amended?"
And the roll being called:
Yeas 30, Nays 38, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Davis; Duenwald; Eccarius;
Fiegen; Fitzgerald; Hunt; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee;
Matthews; Peterson (Bill); Pummel; Putnam; Rost; Smidt; Sperry; Van Gerpen; Waltman;
Wick; Speaker Hagg
Nays were:
Barker; Belatti; Broderick; Brown (Gary); Cerny; Chicoine; Collier; de Hueck; Derby; Diedrich;
Duniphan; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug);
Jorgensen; Koetzle; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald);
Napoli; Pederson (Gordon); Richter; Roe; Schaunaman; Schrempp; Solum; Volesky; Weber;
Wetz; Windhorst
Excused were:
Gabriel; 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.
HB 1189: FOR AN ACT ENTITLED, An Act to repeal the video lottery.
Rep. Waltman moved that HB 1189 be placed to follow HB 1223 on tonight's calendar.
Which motion lost.
Rep. Diedrich moved the previous question.
Which motion prevailed.
The question being "Shall HB 1189 pass as amended?"
And the roll being called:
Yeas 38, Nays 30, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Cutler; Eccarius;
Fischer-Clemens; Fitzgerald; Gleason; Haley; Hunt; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lucas; Matthews; Monroe; Munson (Donald); Peterson (Bill); Pummel; Putnam;
Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Speaker Hagg
Nays were:
Barker; Belatti; Broderick; Brown (Gary); Chicoine; Davis; de Hueck; Derby; Diedrich;
Duenwald; Duniphan; Duxbury; Fiegen; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen;
Koetzle; Lockner; Madden; McNenny; Moore; Napoli; Pederson (Gordon); Richter; Roe; Rost;
Solum; Windhorst
Excused were:
Gabriel; 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. Volesky announced his intention to reconsider the vote by which HB 1189 was lost.
HB 1197:
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 second time.
HB 1161:
FOR AN ACT ENTITLED, An Act
to provide for the disposition of the remains
of human embryos and fetuses.
Was read the second time.
"
Section 5. Tissue and organ donation may occur in cases of spontaneous abortions if the
consent of the mother is obtained.
"
The question now being "Shall HB 1161 pass as amended?"
And the roll being called:
Nays were:
Barker; Collier; Hagen; Jorgensen
Excused were:
Brown (Richard); Gabriel; Sokolow
Absent and Not Voting were:
Koetzle
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1185:
FOR AN ACT ENTITLED, An Act
to exempt certain persons selling boat
trailers during an event from certain regulations regarding vehicle dealers.
Having had its second reading was up for reconsideration and final passage.
Rep. Richter moved that HB 1185 be deferred until the 36th legislative day.
The question being on Rep. Richter's motion that HB 1185 be deferred until the 36th
legislative day.
And the roll being called:
Yeas 63, Nays 0, Excused 5, Absent and Not Voting 2
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine;
Collier; Crisp; Cutler; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen;
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; Pederson (Gordon); Peterson
(Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van
Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Absent and Not Voting were:
Davis; Fischer-Clemens
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the bill was so deferred.
HB 1285:
FOR AN ACT ENTITLED, An Act
to restrict parental choice of certain
nonmedical remedial health services for children.
Was read the second time.
The question being "Shall HB 1285 pass?"
And the roll being called:
Yeas 43, Nays 24, Excused 3, Absent and Not Voting 0
Yeas were:
Belatti; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Duxbury;
Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Madden; Moore; Munson
(Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schaunaman; Schrempp;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Windhorst; Speaker Hagg
Nays were:
Apa; Barker; Broderick; Brooks; Collier; Diedrich; Duenwald; Duniphan; Fitzgerald; Hunt;
Kooistra; Koskan; Kredit; Matthews; McNenny; Monroe; Napoli; Pummel; Rost; Smidt; Solum;
Weber; Wetz; Wick
Excused were:
Brown (Richard); de Hueck; Gabriel
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 1010:
FOR AN ACT ENTITLED, An Act
to provide for certain limited term
nonresident waterfowl licenses.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1010 pass as amended?"
And the roll being called:
Yeas 54, Nays 14, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Cutler; Davis; de Hueck; Derby;
Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fitzgerald; Gleason; Hagen; Hassard; Hunt;
Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koskan; Kredit; Lee; Lockner; Lucas;
Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon);
Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Solum;
Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Barker; Belatti; Broderick; Collier; Crisp; Duniphan; Fischer-Clemens; Haley; Koetzle; Konold;
Kooistra; Roe; Sokolow; Van Gerpen
Excused were:
Brown (Richard); Gabriel
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.
There being no objection, the House reverted to Order of Business No. 8.
Nays were:
Barker; Belatti; Collier; Duniphan; Haley; Napoli; Putnam; Richter; Sokolow; Van Gerpen
Excused were:
Brown (Richard); Gabriel
Absent and Not Voting were:
Davis
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1002 was adopted.
Rep. Jorgensen moved that the House do concur in the Senate amendments to HB 1007.
The question being on Rep. Jorgensen's motion that the House do concur in the Senate
amendments to HB 1007.
And the roll being called:
Nays were:
Fiegen; Konold; Matthews; Moore; Peterson (Bill); Roe; Sokolow; Van Gerpen; Wick; Speaker
Hagg
Excused were:
Brown (Richard); Gabriel
Absent and Not Voting were:
Duxbury
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Having had its second reading was up for consideration and final passage.
Rep. Schaunaman moved that HB 1223 be deferred until the 36th legislative day.
The question being on Rep. Schaunaman's motion that HB 1223 be deferred until the 36th
legislative day.
And the roll being called:
Nays were:
Kooistra; Moore
Excused were:
Brown (Richard); Gabriel
Absent and Not Voting were:
Duenwald
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the bill was so deferred.
Speaker Pro tempore Hunt now presiding.
HB 1292:
FOR AN ACT ENTITLED, An Act
to classify certain land as nonagricultural
acreage and revise the tax levy for the general fund purposes of a school district.
Having had its second reading was up for consideration and final passage.
"
Section 7. That
§
10-6-31.3
be amended to read as follows:
10-6-31.3.
For tax purposes, land is agricultural land if it meets two of the following three
criteria:
The question being "Shall HB 1292 pass as amended?"
And the roll being called:
Yeas 54, Nays 12, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Cerny; Chicoine; Cutler; Davis; Derby;
Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason;
Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Koskan;
Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson
(Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost;
Schaunaman; Schrempp; Smidt; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Windhorst
Nays were:
Barker; Brown (Jarvis); Collier; Crisp; Eccarius; Konold; Kooistra; Roe; Sokolow; Van Gerpen;
Wick; Speaker Hagg
Excused were:
Brown (Richard); de Hueck; Gabriel
Rep. Cutler moved that HB 1096, 1099, 1146, 1116, 1217, 1221, 1263, and 1313 be
deferred until Tuesday, February 10th, the 21st legislative day.
Which motion prevailed and the bills were so deferred.
Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed,
and at 10:20 p.m. the House adjourned.