JOURNAL OF THE HOUSE

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TWENTY-SECOND DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 11, 1998

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

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by House page Carly McCuen.

     Roll Call: All members present except Rep. Hassard who was excused.

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 twenty-first 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.

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     Rep. Duenwald   introduced the 1998 South Dakota Snow Queen, Mikaela Claymore, Gettysburg, SD.

     Rep. de Hueck   introduced the 1998 National Little Britches Rodeo Queen, Jessica Melvin, Pierre, SD.

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1030, 1038, 1039, 1044, 1047, 1048, 1075, 1081, 1156, and 1172, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1231 and returns the same with the recommendation that said bill do not pass as amended:

f-1231

     On page 2 , line 3 of the printed bill , overstrike everything after " except " .

    On page 2, line 4, overstrike the first "and".

    And that as so amended said bill do not pass.

Respectfully submitted,
Steve Cutler, Chair

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Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1282 which was deferred to the 36th legislative day.

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

Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration SB 130 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 SB 116, 117, 137, and 66 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 reconsidered HB 1199 and returns the same with the recommendation that said bill be amended as follows:

    

t-1199a

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

"      Section  1.  That § 32-12-17 be amended to read as follows:

     32-12-17.   The Department of Commerce and Regulation shall, upon payment of the fee established by §   32-12-16, issue to every each applicant qualifying therefor an operator's license. The license shall bear thereon a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a color photo and a brief description of the licensee, and the licensee's signature. The department shall indicate upon each driver's license the general class of vehicles which the licensee may drive. If a bar code, or other means by which information may be taken electronically, is placed on the license, the data field shall contain the information appearing on the license and the licensee's social security number. However, the social security number shall be encrypted.

     Section  2.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

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     If a bar code, or other means by which information may be taken electronically, is placed on a license pursuant to §  32-12-17, the secretary of the Department of Commerce and Regulation may encrypt information in the bar code identifying that the licensee is a convicted felon who has a firearm restriction or the licensee is a sex offender who is required to register pursuant to §§ 22-22-30 to 22-22-39, inclusive.

     Section  3.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a bar code, or other means by which information may be taken electronically, is placed on a license pursuant to §  32-12-17, the secretary of the Department of Commerce and Regulation may encrypt information identifying the licensee's blood type, medical condition, allergies, medications, or other medical alert data if the licensee requests such information to be encrypted on the license. Before obtaining the license, the licensee shall submit a document clearly identifying this information to the department and the document shall be signed by the licensee and the licensee's physician.

     Section  4.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Only the information listed in sections 1 to 3, inclusive, of this Act may be placed in a bar code or other information retrieval device on the license. "

f-1199t

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " permit bar codes and other information retrieval devices on driver's licenses and to limit the information that may be contained in the data field. "

    
     On page 1 , delete line 2 .

     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 1301 and returns the same with the recommendation that said bill be amended as follows:

f-1301t

     On page 1 , line 2 of the printed bill , after " may " insert " be " .

     And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair

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Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill be amended as follows:

j-1257

     On page 1 , after line 11 of the printed bill , insert:

"      Section 2. That § 26-8A-2 be amended to read as follows:

     26-8A-2.   In this chapter and chapter 26-7A, the term "abused or neglected child" means a child:

             (1)      Whose parent, guardian, or custodian , has abandoned the child or has subjected the child to mistreatment or abuse;

             (2)      Who lacks proper parental care through the actions or omissions of the child's parent, guardian or custodian;

             (3)      Whose environment is injurious to the child's welfare;

             (4)      Whose parent, guardian , or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care , or any other care necessary for the child's health, guidance , or well-being;

             (5)      Who is homeless, without proper care , or not domiciled with the child's parent, guardian , or custodian through no fault of the child's parent, guardian , or custodian;

             (6)      Who is threatened with substantial harm;

             (7)      Who has sustained emotional harm or mental injury as indicated by an injury to the child's intellectual or psychological capacity evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture; or

             (8)      Who is subject to sexual abuse, sexual molestation , or sexual exploitation by the child's parent, guardian, custodian , or any other person responsible for the child's care ; or

             (9)    Who was subject to prenatal exposure to alcohol or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B. Such exposure shall be evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects, or developmental delays during the child's first year of life that medically indicate prenatal exposure to alcohol or any controlled drug or substance .

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     Section 3. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

     Any woman who knowingly ingests, inhales, injects, or otherwise takes into the body:

             (1)    Any alcohol beverage;

             (2)    Any controlled drug or substance; or

             (3)    Any other substance for purposes of becoming intoxicated;

during pregnancy, unless lawfully prescribed by a practitioner, is guilty of a Class 6 felony.

     Section 4. That § 35-4-99 be amended to read as follows:

     35-4-99.   All licensed premises shall prominently display the sign provided for in §  35-4-100. The sign shall be displayed in such a manner as to provide an unobstructed view to the customers of such licensee. Failure to display such sign is a petty offense Class 1 misdemeanor . "

j-1257a

     In section 3 of the previously adopted amendment, after " felony. " insert " Notwithstanding any other provision of law, no woman is exempt from the provisions of this section. "

J-1257t

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for the protection of children from prenatal exposure to alcohol and drugs. "

     On page 1 , delete line 2 .

     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 1302 and returns the same with the recommendation that said bill be amended as follows:

j-1302a

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

"     Section 1. The Executive Board of the Legislative Research Council is requested to conduct an interim study of direct entry midwifery. The study shall be aimed at developing standards for the practice of direct entry midwifery in the state. "

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j-1302ta

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " request an interim study of the practice of direct entry midwifery. "

     On page 1 , delete line 2 .

     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 1319 and returns the same without recommendation.

Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1208 and 1327 which were deferred to the 36th legislative day.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1162, which was amended as follows:

j-1162

     On page 2 , line 9 of the printed bill , after " Other " insert " , which shall be specified " .

     On page 2 , line 13 , after " Other " insert " , which shall be specified " .

     On page 2 , line 17 , after " Other " insert " , which shall be specified " .

j-1162a

     On page 1 , line 8 of the printed bill , delete " and the number of spontaneous " .

     On page 1 , line 9 , delete " abortions treated " .

     On page 3 , delete lines 12 to 24 , inclusive .

     On page 4 , delete lines 1 to 4 , inclusive .

     On page 7 , line 13 , delete " Class 1 " and insert " Class 2 " .

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     On page 7 , line 20 , after " abortion. " insert " The Department of Health shall take care to ensure that none of the information included in any report required by this Act including printed records, computerized records, or stored information of any type, can reasonably lead to the identification of any person obtaining an abortion. " .

     On page 7 , delete lines 23 and 24 , and insert:

"

     For purposes of this Act only, the term, induced abortion, means the use of any means to intentionally terminate the pregnancy of a female known to be pregnant with knowledge that the termination with those means will, with reasonable likelihood, cause the death of the embryo or fetus. "

     On page 8 , delete lines 1 to 5 , inclusive .

    And returns the same without recommendation.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill be amended as follows:

j-1213

     On page 1 , line 13 of the printed bill , delete everything after " physician " .

     On page 1 , line 14 , delete " their respective professions " .

     On page 2 , line 6 , after " Board " insert " or by a licensed psychologist or licensed physician " .

     On page 2 , line 23 , delete " doing work within " .

     On page 2 , delete line 24 , and insert " , to " .

     On page 3 , line 7 , after " Board " insert " or by a licensed psychologist or licensed physician " .

R-1213b

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

"     Section 1. Before pleading guilty or nolo contendere to first or second offense driving under the influence of alcohol or drugs or before pleading guilty or nolo contendere to reckless

or careless driving arising out of an alcohol or drug related arrest, or after being found guilty at trial, a defendant shall have an alcohol or drug evaluation by:

             (1)    A chemical dependency counselor certified by the South Dakota Chemical Dependency Certification Board; or

             (2)    A person designated by tribal government to do evaluations, if the defendant is under tribal jurisdiction; or

             (3)    A licensed psychologist; or

             (4)    A licensed physician.

    The defendant shall pay for the evaluation which shall be provided to the court. The court shall consider the evaluation at sentencing.

    For a first offense, the court may order the defendant to attend a sixteen-hour alcohol or drug education program approved by the South Dakota Chemical Dependency Certification Board or the South Dakota Division of Alcohol and Drug Abuse. After considering the defendant's alcohol or drug evaluation, the court may order additional education or treatment. Notwithstanding indigence, the defendant shall be responsible for the cost of the evaluation and education, and if ordered to treatment by the court, shall secure funding for the treatment cost.

    For a second offense, after considering the defendant's alcohol or drug evaluation, the court may order in-patient or out-patient education or treatment in addition to the sixteen-hour alcohol or drug education program. Notwithstanding indigence, the defendant shall be responsible for the cost of the evaluation and education, and if ordered to treatment by the court, shall secure funding for the treatment cost. "

     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 1306 and returns the same with the recommendation that said bill be amended as follows:

r-1306

     On page 2 , line 23 of the printed bill , after " 22-16-20, " delete " 22- " .

     On page 2 , line 24 , delete " 16-41, 22-22-1, " .

     On page 2 , line 24 , before " ; " insert " or subdivision 22-22-1(1) or (2) " .

     On page 3 , delete lines 1 and 2 .

     On page 3 , line 4 , after " ; " insert " or " .

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     On page 3 , delete lines 5 and 6 .

     On page 3 , line 8 , delete " ; " and insert " . "

     On page 3 , delete lines 9 to 16 , inclusive .

     On page 5 , line 2 , after " 22-16-20, " delete " 22- " .

     On page 5 , line 3 , delete " 16-41, 22-22-1, " .

     On page 5 , line 3 , before " ; " insert " or subdivision 22-22-1(1) or (2) " .

     On page 5 , delete lines 4 and 5 .

     On page 5 , line 7 , after " ; " insert " or " .

     On page 5 , delete lines 8 and 9 .

     On page 5 , line 11 , delete " ; " and insert " . "

     On page 5 , delete lines 12 to 19 , 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 1316 and returns the same with the recommendation that said bill be amended as follows:

r-1316a

     On page 1 , line 11 of the printed bill , delete " Any person who commits a violation of §  35- 9-1 within the " .

     On page 1 , delete line 12 .

     On page 1 , line 13 , delete " of a Class 6 felony. "

     On page 1 , line 14 , delete " in the case of a Class " .

     On page 1 , line 15 , delete " 4 felony and two years in the case of a Class 6 felony " .

R-1316t

     On page 1 , line 1 of the printed bill , delete " and alcohol " .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1322 and returns the same with the recommendation that said bill be amended as follows:

r-1322

     On page 1 , line 4 of the printed bill , delete " are " and insert " may be " .

     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 1312 and returns the same without recommendation and that said bill be amended as follows:

r-1312

     On page 1 , line 13 of the printed bill , after " apply " insert " for a total of eight semesters " .

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1321 which was tabled.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1307 and 1311 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Hunt, Chair

MR. SPEAKER:

    I have the honor to transmit herewith SB 92, 156, 161, 218, 228, 235, 236, and 239 which have passed the Senate and your favorable consideration is respectfully requested.

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Also MR. SPEAKER:

    I have the honor to return herewith HB 1008, 1054, 1055, 1056, 1057, 1058, 1060, 1061, 1062, 1064, 1077, 1141, 1167, 1209, and 1239 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1080 which has been amended by the Senate and your concurrence in the amendment is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

     Rep. de Hueck moved that the House do concur in the Senate amendments to HB 1204.

     The question being on Rep. de Hueck's motion that the House do concur in the Senate amendments to HB 1204.

     And the roll being called:

     Yeas 66, Nays 0, Excused 1, Absent and Not Voting 3

     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; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Hassard

     Absent and Not Voting were:
Cutler; Jorgensen; Van Gerpen

     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.

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     HCR 1012:   A CONCURRENT RESOLUTION,   Setting forth certain legislative policy recommendations to the Game, Fish and Parks Commission.

     Rep. Brown (Richard) moved that HCR 1012 as found on pages 508 to 510 of the House Journal be adopted.

     The question being on Rep. Brown's motion that HCR 1012 be adopted.

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, 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; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; 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; Speaker Hagg

     Nays were:
Windhorst

     Excused were:
Cutler; Diedrich; Hassard

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

     Yesterday, Rep. Gabriel announced his intention to reconsider the vote by which HB 1197 was lost.

     Rep. Gabriel moved to reconsider the vote by which HB 1197 was lost.

     The question being on Rep. Gabriel's motion to reconsider the vote by which HB 1197 was lost.


     And the roll being called:

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     Yeas 42, Nays 24, Excused 2, Absent and Not Voting 2

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

     Nays were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst

     Excused were:
Diedrich; Hassard

     Absent and Not Voting were:
Roe; Van Gerpen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1197 was up for reconsideration and final passage.

     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.

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

f-1197

     Rep. Duniphan moved that HB 1197 be amended as follows:

     On page 2 , delete lines 21 to 24 of the House Judiciary committee engrossed bill , inclusive .

     On page 3 , delete lines 1 and 2 .

    Rep. Matthews moved the previous question.

    Which motion prevailed.

     The question being on Rep. Duniphan's motion that HB 1197 be amended.

     Which motion prevailed and HB 1197 was so amended.

    Rep. Richter moved the previous question.

    Which motion prevailed.

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     The question being "Shall HB 1197 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 31, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Solum; Van Gerpen; Weber; Wetz; Wick

     Nays were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; Moore; Munson (Donald); Roe; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst; Speaker Hagg

     Excused were:
Hassard

     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. Lucas moved that the Committee on Appropriations be instructed to deliver HB 1282 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.

     The question being on Rep. Lucas' motion that the Committee on Appropriations be instructed to deliver HB 1282 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

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

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

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

     Excused were:
Hassard; Wick; Windhorst

     So the motion having received an affirmative vote of one-third of the members-elect, the Speaker declared the motion was supported and the committee was so instructed.

     Rep. Brown (Richard) moved that the Committee on Local Government be instructed to deliver HB 1001 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was not supported.

     Rep. Haley moved that the Committee on State Affairs be instructed to deliver HB 1300 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.
    

    The question being on Rep. Haley's motion that the Committee on State Affairs be instructed to deliver HB 1300 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 22, Nays 46, Excused 2, Absent and Not Voting 0

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

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

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     Excused were:
Hassard; Konold

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

     HCR 1013   Introduced by:  Representatives Diedrich, de Hueck, Derby, Duxbury, Fiegen, Jaspers, Johnson (Doug), Kazmerzak, Koskan, Matthews, McNenny, Roe, Rost, Smidt, Sperry, Van Gerpen, Waltman, and Weber and Senators Hainje, Brown (Arnold), Everist, and Halverson

A CONCURRENT RESOLUTION,  Supporting the use of soybean-based diesel fuel in state     vehicles.

     WHEREAS,  soybean producers benefit from increased use of their product; and

     WHEREAS,  Soygold, a diesel product made from soybeans, is becoming available in South Dakota; and

     WHEREAS,  diesel vehicles are used by agencies of South Dakota state government:

     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 Legislature urges and supports the use of Soygold in all diesel vehicles operated by South Dakota state government agencies.

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

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

     Appropriations on HB 1019 as found on pages 490 and 491 of the House Journal; also

     Appropriations on HB 1022 as found on page 491 of the House Journal; also

     Appropriations on HB 1023 as found on page 491 of the House Journal; also

     Appropriations on HB 1328 as found on pages 491 and 492 of the House Journal; also

     Taxation on HB 1238 as found on pages 492 and 493 of the House Journal; also

     Commerce on HB 1125 as found on pages 494 to 504 of the House Journal; also

     Commerce on HB 1151 as found on pages 504 and 505 of the House Journal; also

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     Commerce on HB 1314 as found on page 505 of the House Journal; also

     Local Government on HB 1247 as found on page 506 of the House Journal; also

     Education on HB 1310 as found on pages 540 and 541 of the House Journal; also

     Education on HB 1133 as found on pages 537 and 538 of the House Journal; also

     Education on HB 1134 as found on pages 538 to 540 of the House Journal; also

     Education on HB 1092 as found on pages 534 to 537 of the House Journal; also

     Retirement Laws on HB 1276 as found on pages 489 and 490 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Koetzle moved that HB 1276 be placed on the calendar of Thursday, February 12th, the 23rd legislative day.

     The question being on Rep. Koetzle's motion that HB 1276 be placed on the calendar of Thursday, February 12th, the 23rd legislative day.

     And the roll being called:

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

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Peterson (Bill); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Weber; Wetz

     Excused were:
Belatti; Hassard

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

---

     Rep. Kooistra moved that HB 1280 be placed on the calendar of Thursday, February 12th, the 23rd legislative day.

     The question being on Rep. Kooistra's motion that HB 1280 be placed on the calendar of Thursday, February 12th, the 23rd legislative day.

     And the roll being called:

     Yeas 30, Nays 37, Excused 1, Absent and Not Voting 2

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; de Hueck; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Peterson (Bill); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Speaker Hagg

     Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst

     Excused were:
Hassard

     Absent and Not Voting were:
Brown (Gary); Napoli

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

     Rep. McNenny moved that the word "not" be stricken from the report of the Committee on Commerce on HB 1175 and that HB 1175 be placed on tomorrow's calendar.

     The question being on Rep. McNenny's motion that the word "not" be stricken from the report of the Committee on Commerce on HB 1175 and that HB 1175 be placed on tomorrow's calendar.

     And the roll being called:

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     Yeas 49, Nays 18, Excused 1, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz

     Nays were:
Barker; Belatti; Brooks; Collier; Crisp; Davis; de Hueck; Eccarius; Fiegen; Fischer-Clemens; Kooistra; Pederson (Gordon); Peterson (Bill); Smidt; Sokolow; Wick; Windhorst; Speaker Hagg

     Excused were:
Hassard

     Absent and Not Voting were:
Brown (Gary); Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1175 was so placed.

     SB 58:   FOR AN ACT ENTITLED, An Act   to revise the requirement for real estate brokers to furnish closing statements in a real estate transaction.

     Was read the second time.

     The question being "Shall SB 58 pass?"

     And the roll being called:

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

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

---

     Excused were:
Hassard; Windhorst

     Absent and Not Voting were:
Brown (Gary); Collier; Napoli

     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 1013:   FOR AN ACT ENTITLED, An Act   to provide for the issuance of a landowner license to hunt certain big game animals.

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

     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 2, Absent and Not Voting 1

     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; Gabriel; Gleason; Hagen; Haley; 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; Speaker Hagg

     Nays were:
Barker; Collier; Sokolow

     Excused were:
Hassard; Windhorst

     Absent and Not Voting were:
Cutler

     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 1186:   FOR AN ACT ENTITLED, An Act   to require the transfer of certain money into the property tax reduction fund.

---

     Was read the second time.

m-1186

     Rep. de Hueck moved that HB 1186 be amended as follows:

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

"      Section 1. Notwithstanding §  4-7-32, on July 1, 1998, or at such time that the fiscal year 1998 general fund ending unobligated cash balance is determined, if the unobligated cash balance is equal to or more than one million nine hundred sixty-four thousand dollars ($1,964,000), there is hereby appropriated from the general fund the sum of one million nine hundred sixty-four thousand dollars ($1,964,000), eight hundred twenty thousand dollars ($820,000) in federal fund authority and one million six hundred thirty-two thousand two hundred twenty-five dollars ($1,632,225) in other fund authority; or so much thereof as may be necessary, to the Bureau of Personnel for the purpose of a one-time one percent across the board pay supplement for state employees. This supplement shall be in addition to the salary policy approved by the Seventy-third Legislature, and be given to all permanent employees of the executive, legislative, and judicial branches of state government.

     Section 2. Money appropriated by this Act shall be distributed to the executive, legislative, and judicial branches of state government for distribution to employees as follows: when the fiscal year 1998 general fund ending unobligated cash balance is determined and meets the criteria in section 1 of this Act, each full-time employee shall receive a one-time payment equal to one percent of their current base pay. "

    Rep. Koetzle moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. de Hueck's motion to amend HB 1186.

     And the roll being called:

     Yeas 23, Nays 44, Excused 2, Absent and Not Voting 1

     Yeas were:
Chicoine; Crisp; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Matthews; Monroe; Moore; Munson (Donald); Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

---

     Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hagen; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Lucas; Madden; McNenny; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Hassard; Smidt

     Absent and Not Voting were:
Pederson (Gordon)

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

     The question being "Shall HB 1186 pass as amended?"

     And the roll being called:

     Yeas 40, Nays 27, Excused 3, Absent and Not Voting 0

     Yeas were:
Belatti; Brooks; Brown (Richard); Cerny; Chicoine; Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Solum; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Broderick; Brown (Gary); Brown (Jarvis); Collier; Crisp; de Hueck; Duxbury; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Madden; Moore; Napoli; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman

     Excused were:
Davis; Hassard; Smidt

     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. Richter announced his intention to reconsider the vote by which HB 1186 was lost.

     Speaker Pro tempore Hunt now presiding.

---

     HB 1269:   FOR AN ACT ENTITLED, An Act   to provide for a method of redemption of landowner's coupons and hunter's coupons for the harvesting of deer by hunters on certain lands, to revise certain Game, Fish and Parks Commission rules relating to trophy buck licenses, and to provide certain penalties.

     Was read the second time.

     The question being "Shall HB 1269 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 11, Excused 2, Absent and Not Voting 0

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

     Nays were:
Barker; Collier; de Hueck; Fiegen; Konold; Kooistra; Matthews; Moore; Roe; Sokolow; Solum

     Excused were:
Davis; Hassard

     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 1140:   FOR AN ACT ENTITLED, An Act   to provide for the regulation of boat dealers.

     Was read the second time.

     The question being "Shall HB 1140 pass as amended?"

     And the roll being called:

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     Yeas 62, Nays 7, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; 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; Speaker Hagg

     Nays were:
Collier; Davis; Fiegen; Kazmerzak; Lockner; Sokolow; Windhorst

     Excused were:
Hassard

     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 1298:   FOR AN ACT ENTITLED, An Act   to define a sell-it-yourself lot.

     Was read the second time.

    Rep. Duniphan moved the previous question.

    Which motion prevailed.

     The question being "Shall HB 1298 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 15, Excused 1, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Diedrich; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Jaspers; Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick

     Nays were:
Collier; Davis; de Hueck; Derby; Eccarius; Fiegen; Hagen; Johnson (Doug); Kazmerzak; Matthews; Putnam; Sokolow; Weber; Windhorst; Speaker Hagg

---

     Excused were:
Hassard

     Absent and Not Voting were:
Barker; 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.

     HJR 1004:   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 second time.

o-j1004

     Rep. Davis moved that HJR 1004 be amended as follows:

     On page 2 , line 2 of the printed resolution , after " counties " insert " and not less than fifteen nor more than thirty school districts " .

     On page 2 , line 2 , after " 2005. " insert " The boundaries of such counties and school districts shall be the same. " .

     Rep. Apa moved as a substitute motion that HJR 1004 be amended as follows:

    On page 1, line 12 of the printed resolution after "shall" insert "not".

     Rep. Brooks moved that HJR 1004 and all amendments be laid on the table.

     The question being on Rep. Brooks' motion that HJR 1004 and all amendments be laid on the table.

     And the roll being called:

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     Yeas 51, Nays 17, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Diedrich; Duenwald; Duniphan; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Brown (Richard); Cutler; de Hueck; Derby; Duxbury; Eccarius; Fiegen; Fitzgerald; Jorgensen; Madden; Matthews; Peterson (Bill); Richter; Roe; Rost; Sokolow; Speaker Hagg

     Excused were:
Hassard

     Absent and Not Voting were:
Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HJR 1004 and all amendments were laid on the table.

     Speaker Hagg now presiding.

     HB 1096:   FOR AN ACT ENTITLED, An Act   to permit any party in contested cases to require the use of the Office of Hearing Examiners and to eliminate the penalty for such use.

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

j-1096c

     Rep. de Hueck moved as a substitute motion to Rep. Cutler's pending motion to amend HB 1096 as found on page 413 of the House Journal that HB 1096 be amended as follows:

    

     On page 1, line 11 of the House Judiciary committee engrossed bill, delete " petition for hearing is determined " and insert " request to have the matter heard by the Office of Hearing Examiners is found ".

     On page 1, line 12, delete " the costs of the services rendered " and insert " all costs incurred by the Office of Hearing Examiners ".

     Which motion prevailed and HB 1096 was so amended.

     The question now being "Shall HB 1096 pass as amended?"

---

     And the roll being called:

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

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

     Nays were:
Johnson (Doug); Jorgensen; Richter

     Excused were:
Hassard

     Absent and Not Voting were:
Lockner

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

     The question being on the title.

     Rep. de Hueck moved that the title to HB 1096 be amended as follows:

     On page 1 , line 2 of the House Judiciary committee engrossed bill , after " Examiners " delete " and to eliminate the penalty for such use " .

     Which motion prevailed and the title was so amended.

    Rep. Gabriel moved that HB 1216 be placed to follow HB 1096 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1216:   FOR AN ACT ENTITLED, An Act   to repeal the inheritance tax over a period of time.

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

---

     Rep. Windhorst moved that HB 1216 be amended as follows:

    On page 1, line 6 of the printed bill delete "year" and insert "years".

    On page 1, line 6, after "1999" insert "2000".

    On page 1, line 8, delete "2000" and insert "2001".
    
    On page 1, line 10, delete "2001" and insert "2002".

    On page 1, line 12, delete "2002" and insert "2003".

    On page 1, line 14, delete "2004" and insert "2005".

    On page 2, line 2, delete "2003" and insert "2004".

     Rep. Lucas moved the previous question.

     Which motion prevailed.
    
    The question being on Rep. Windhorst's motion to amend HB 1216.

    Which motion lost.

     Rep. Diedrich moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1216 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Konold; Kooistra; Lee; Lockner; Madden; Napoli; Schaunaman; Schrempp; Sperry; Van Gerpen; Volesky; Waltman; Weber

     Nays were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cutler; de Hueck; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Koskan; Kredit; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Solum; Wetz; Wick; Windhorst; Speaker Hagg

---

     Excused were:
Hassard

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

     Rep. Konold announced his intention to reconsider the vote by which HB 1216 was lost.

     Rep. Gabriel moved that the House do now recess until 8:00 p.m., which motion prevailed and at 6:03 p.m., the House recessed.

     The House reconvened at 8:00 p.m., the Speaker presiding.

     HB 1099:   FOR AN ACT ENTITLED, An Act   to prohibit a minor from purchasing, possessing, receiving, or consuming tobacco products or from attempting to purchase or receive tobacco products.

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

r-1099a

     Rep. Hunt moved that HB 1099 be amended as follows:

     On page 2 , after line 6 of the House Judiciary committee engrossed bill , insert:

"      Section 2. That § 26-10-23 be repealed.

     26-10-23.   It is a petty offense for any person under the age of eighteen to purchase, attempt to purchase, possess or consume tobacco, cigarettes or cigars unless it is done in the immediate presence of a parent, guardian or spouse over the age of eighteen of such minor, or to misrepresent his age for the purpose of purchasing such tobacco, cigarettes or cigars from any person.

     Section 3. That § 26-8B-2 be amended to read as follows:

     26-8B-2.   In this chapter and chapter 26-7A, the term, child in need of supervision, means:

             (1)      Any child of compulsory school age who is habitually absent from school without legal excuse;

             (2)      Any child who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;

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             (3)      Any child whose behavior or condition endangers the child's own welfare or the welfare of others; or

             (4)      Any child who has violated any federal, state, or local law or regulation for which there is not a penalty of a criminal nature for an adult, except violations of §  34-46- 2(2), or petty offenses.

     Section 4. That § 26-11-1 be amended to read as follows:

     26-11-1.   If any child under the age of eighteen years is arrested, with or without a warrant, for violation of any law or municipal ordinance for which the child is not subject to proceedings as a delinquent child as defined in §  26-8C-2 or for violation of §  34-46-2(2), , the child shall be brought before the judge of a court having jurisdiction over the offense and proceedings shall be conducted as though the child were eighteen years of age or older.

     A Except for a violation of §  34-46-2(2), a child under the age of eighteen years, subject to proceedings pursuant to this section and accused of a Class 2 misdemeanor, may be held in or sentenced to an adult lockup or jail or a detention or temporary care facility for up to seven days if physically separated from adult prisoners.

     A child under the age of eighteen years, subject to proceedings pursuant to this section and accused of a Class 1 misdemeanor, may be held in or sentenced to an adult lockup or jail or a detention or temporary care facility for up to thirty days if physically separated from adult prisoners. "

     Which motion prevailed and HB 1099 was so amended.

     The question being "Shall HB 1099 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 20, Excused 1, Absent and Not Voting 4

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; de Hueck; Derby; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hunt; Jaspers; Koetzle; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cerny; Collier; Crisp; Cutler; Davis; Diedrich; Duenwald; Hagen; Haley; Johnson (Doug); Kazmerzak; Konold; Lockner; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Waltman; Weber

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     Excused were:
Hassard

     Absent and Not Voting were:
Barker; Duxbury; Gleason; Jorgensen

     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 1146:   FOR AN ACT ENTITLED, An Act   to mandate transferability of certain postsecondary credit hours.

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

     The question being on Rep. Cutler's pending motion to amend HB 1146 as found on page 420 of the House Journal.

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

     And the roll being called:

     Yeas 30, Nays 39, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Chicoine; Collier; Cutler; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Fitzgerald; Gabriel; Jaspers; Johnson (Doug); Jorgensen; Koskan; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Smidt; Solum; Sperry; Van Gerpen; Windhorst; Speaker Hagg

     Nays were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Davis; Derby; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Richter; Schaunaman; Schrempp; Sokolow; Volesky; Waltman; Weber; Wetz; Wick

     Excused were:
Hassard

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

     Rep. Broderick moved the previous question.

     Which motion prevailed.

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     The question being "Shall HB 1146 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 21, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Davis; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Rost; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Apa; Belatti; Chicoine; Collier; Cutler; de Hueck; Derby; Diedrich; Fitzgerald; Gabriel; Jaspers; Johnson (Doug); Jorgensen; Koskan; Munson (Donald); Napoli; Pummel; Roe; Schaunaman; Sokolow; Speaker Hagg

     Excused were:
Hassard

     Absent and Not Voting were:
Sperry

     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. 5.

MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1179 and 1325 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

o-1142

---

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

"      Section  5.  It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in § §  49-31-60 to 49-31-68, inclusive, for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunications companies may jointly provide facilities and enter into revenue- pooling arrangements between and among themselves relating to the provisioning of these facilities. Any such arrangement shall be subject to commission review and approval and, to the extent it has received such approval, may not be construed as violating any state or local laws governing unfair trade practices, antitrust or restraint of trade. Further, it is the intent of the Legislature that any such approved arrangement shall be exempt from federal laws governing unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning of facilities and revenue pooling arrangements approved by the commission, both state and federal laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose described in this section may not be construed as imposing additional common carrier obligations on the participating companies. The provisions of this section may not be construed to permit any telecommunications company to take any action that is contrary to the public interest.

     Section  6.  It is in the public interest and essential that local exchange telecommunication companies over all of South Dakota continue to be viable providers of affordable local exchange services. Local exchange telecommunication companies receive substantial revenue necessary to support the exchange from a minority of their customers. Local exchange telecommunication companies must be allowed to compete to keep their profitable customers in order to maintain the viability of local exchanges.

    Notwithstanding any other provisions of chapter 49-31, except section 4 of this Act, any telecommunication company may grant any discounts, incentives, services, or other business practices necessary to meet competition. Nothing in chapter 49-31 restricts or prevents telecommunication companies from offering reduced prices and special terms and conditions for this state, its existing instrumentalities and subdivisions, for the United States and for K through 12 schools accredited by the secretary of the Department of Education and Cultural Affairs.

     Section  7.  That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

     Any regulation of telecommunications service by the commission pursuant to chapters 49-13 and 49-31 shall be fair, reasonable, nondiscriminatory and applicable to all telecommunications carriers providing service in the state by rules adopted by the commission pursuant to chapter 1-26.

     Section  8.  That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

     Prices for residential and business local exchange service, both recurring and nonrecurring, for a telecommunications company with more than two hundred thousand retail access lines in

the state may not be changed unless reduced by the company. The provisions of § 49-31-4 and § § 49-31-21 to 49-31-12.5, inclusive, do not apply to prices for services regulated by this section.

     Section  9.  That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

    Dialing parity, as defined in 47 U.S.C. § 153 (15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, may not be implemented by order of the commission until all providers of toll services are authorized to provide interLATA services which originate in this state. "

o-1142b

     In the first sentence of section 4 of the previously adopted amendment (o-1142), after " Prices " insert " as of January 1, 1998 " .

o-1142t

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise certain provisions regarding the regulation of telecommunication companies and telecommunication services. "

     On page 1 , delete lines 2 and 3 .

     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 HB 1160 and returns the same with the recommendation that said bill be amended as follows:

o-1160

     On page 2 , line 9 of the printed bill , delete " (47) " and insert " (37) " .

j-1160

     On page 1 , delete lines 6 to 12 of the printed bill , inclusive .

     On page 4 , line 24 , after " transferred " insert " without commission approval " .

     On page 5 , line 11 , before " without " insert " in a service area in which it is not certified " .

     On page 5 , line 19 , delete " include a price list and " and insert " provide information " .

     On page 5 , line 20 , delete " informational tariff " .

     On page 6 , line 6 , delete " Any grant of " and insert " In granting " .

---

     On page 6 , line 7 , delete " shall be subject to such " and insert " , the commission may impose " .

     On page 6 , line 7 , delete " as the " and insert " , on a competitively neutral basis, that it " .

     On page 6 , line 8 , delete " commission " .

     On page 6 , delete lines 11 to 15 , inclusive .

     On page 7 , line 1 , delete " an area served by " and insert " the service area of " .

     On page 7 , line 8 , delete everything after " distribution. "

     On page 7 , delete lines 9 and 10 .

     On page 7 , line 11 , delete everything before " However, " .

     On page 8 , line 13 , after " transferred " insert " without commission approval " .

     On page 11 , delete lines 16 to 24 , inclusive .

     On page 12 , delete lines 1 to 5 , inclusive .

     On page 12 , delete lines 14 to 24 , inclusive .

     On page 13 , delete lines 1 to 6 , inclusive .

     On page 14 , line 24 , delete " access to and interconnection with its " and insert " interconnection, network elements, and other " .

     On page 15 , line 1 , delete " and network elements " .

     On page 15 , line 2 , delete " access and interconnection as provided for in " and insert " such interconnection and services to the extent required by " .

     On page 15 , line 4 , after " agreement " insert " for the interconnection or services requested " .

     On page 15 , delete line 5 , and insert " arbitrate any unresolved issues as provided in 47 U.S.C. §  252. "

     On page 15 , delete lines 6 to 11 , inclusive .

     On page 15 , delete line 12 , and insert " The provisioning of interconnection, network elements, and other telecommunications services to the extent required by 47 USC § § 251(a) to 251(c), inclusive, by a local exchange carrier pursuant to this section is not " .

     On page 15 , delete line 13 .

---

     On page 15 , line 15 , delete " 49-31-17 to 49-31-19, inclusive " and insert " 49-31-18 and 49- 31-19 " .

     On page 15 , line 18 , delete " are " and insert " may be " .

     On page 15 , delete lines 21 to 24 , inclusive , and insert " that are consistent with 47 U.S.C. §  251(c)(4) and that do not constitute a barrier to entry under 47 U.S.C. §  253(a). The commission may adopt rules pursuant to chapter 1-26 to implement this section. " .

     On page 16 , delete lines 1 to 5 , inclusive .

o-1160a

     On page 17 , after line 5 of the printed bill , insert:

"      Section 31. It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in § §  49-31-60 to 49-31- 68, inclusive, for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunications companies may jointly provide facilities and enter into revenue- pooling arrangements between and among themselves relating to the provisioning of these facilities. Any such arrangement shall be subject to commission review and approval and, to the extent it has received such approval, may not be construed as violating any state or local laws governing unfair trade practices, antitrust or restraint of trade. Further, it is the intent of the Legislature that any such approved arrangement shall be exempt from federal laws governing unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning of facilities and revenue pooling arrangements approved by the commission, both state and federal laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose described in this section may not be construed as imposing additional common carrier obligations on the participating companies. The provisions of this section may not be construed to permit any telecommunications company to take any action that is contrary to the public interest. "

     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 HB 1288 and returns the same with the recommendation that said bill be amended as follows:

o-1288

     On page 1 , line 5 of the printed bill , delete " twenty-five " and insert " fifteen " .

     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 HB 1291 and returns the same with the recommendation that said bill be amended as follows:

o-1291

     On page 1 , delete lines 9 to 16 of the printed bill , inclusive , and insert:

"     Section 2. The unemployment compensation fund created pursuant to §  61-4-1 shall be used as the source of revenue to provide the extended benefits provided by this Act. The payment of extended benefits shall be subject to the provisions of chapter 61-6. "

t-1291

     On page 1 , line 6 of the printed bill , delete everything after " Inc., " and insert " Dakota Cold Storage, or Dakota Shag Service, Inc., located in Huron, South Dakota, " .

     On page 1 , line 7 , delete everything before " who " .

o-1291t

     On page 1 , line 2 of the printed bill , after " Huron, " insert " and of certain other businesses, " .

     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 HB 1305 and returns the same with the recommendation that said bill be amended as follows:

o-1305

     On page 1 , line 7 of the printed bill , remove the overstrikes from " on the premises and within " .

     On page 1 , line 7 , before " within " overstrike " and " and insert " or " .

     On page 1 , line 7 , after " within " insert " a contiguous premises " .

     On page 1 , line 10 , after " may " insert " also " .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has reconsidered HJR 1006 and returns the same with the recommendation that said resolution be amended as follows:

v-j0

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

     Section 1. That at the next general election held in the state, the following amendment to Section 15 of Article VIII 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 2. That § 15 of Article VIII of the Constitution of the State of South Dakota be amended to read as follows:

     §   15.   The Legislature shall make such provision by general taxation and by authorizing the school corporations to levy such additional taxes as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the state. The Legislature is empowered to classify properties within school districts into separate classes for purposes of school taxation , and may constitute agricultural property a separate class . Taxes shall be uniform on all property in the same class.

o-j1006t

     On page 1 , line 2 of the printed resolution , delete " Article XI " and insert " Article VIII " .

On page 1 , delete line 3 , and insert " classification of property for purposes of taxation. " .

     And that as so amended said resolution do pass.

    

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1294 and returns the same with the recommendation that said bill do not pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1256 and 1318 which were tabled.

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Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1017, 1138, and 1300 which were deferred to the 36th legislative day.

Respectfully submitted,
Larry Gabriel, Chair

     HCR 1014   Introduced by:  Representatives Gabriel, Belatti, Brooks, Brown (Gary), Brown (Jarvis), Brown (Richard), Cerny, Chicoine, Collier, Crisp, Cutler, Davis, de Hueck, Derby, Diedrich, Duenwald, Duniphan, Duxbury, Eccarius, Fiegen, Fischer-Clemens, Fitzgerald, Gleason, Hagen, Hagg, Haley, Hassard, Hunt, Jaspers, Johnson (Doug), Jorgensen, Kazmerzak, Koetzle, Konold, Kooistra, Koskan, Kredit, Lee, Lockner, Lucas, Madden, Matthews, McNenny, 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, and Windhorst and Senators Rounds, Aker, Albers, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Dunn (Rebecca), Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hunhoff, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Lawler, Morford, Munson (David), Olson, Paisley, Reedy, Shoener, Staggers, Symens, Valandra, Vitter, and Whiting

A CONCURRENT RESOLUTION,  Memorializing Congress to restore the historic role of the     National Guard in America's defense policy.

     WHEREAS,  the National Guard, as this Nation's organized militia, is recognized as an existing and permanent part of our government and our way of life in the Constitution of the United States; Article I, Section 8, of the Constitution of the United States of America provides for the Congress to have the power to organize and discipline the militia, leaving to the respective states the powers to appoint the officers of the militia and to train the militia to the standard established by Congress; and the existence of a well-organized and disciplined militia under the control of the respective states in peacetime was accepted by the prospective citizens of the United States as sufficient protection of their liberties and freedoms from any standing military forces under the control of the President; and

     WHEREAS,  the provision of the militia clause led directly to the adoption and ratification to the Constitution of the United States; and under the enabling portion of this legislation, Congress has appointed the secretaries of the Army and the Air Force as the custodians for this nation's militia and requires them to insure their readiness at all times; and

     WHEREAS,  the Congress of the United States has seen fit to pass laws that place the National Guard in the first line of defense alongside the standing military forces of the United States, specified the National Guard as a separate land force and a separate air force, and directed that they be organized in the same manner as the Army and the Air Force; and

---

     WHEREAS,  we believe that the United States of America should base its defense on the militia concept in which large active military forces are only maintained when justified by an immediate lethal threat to our well-being and existence and the bulk of our nonmaritime defense capacity is maintained under the control of the people in the National Guard; and

     WHEREAS,  the Cold War ended in 1990, reducing and ultimately eliminating any direct lethal threats from conventional military forces to the American people, their liberties and their freedoms, and the Department of the Air Force has dutifully and effectively recognized the reality of America being a militia nation and shapes its forces consistent with the beliefs of the American people; and

     WHEREAS,  the Department of the Army has taken the opposite course, failing to support the Army National Guard of the United States in its Constitutional and statutory responsibilities; and

     WHEREAS,  the Army has reduced the size and reshaped the Army National Guard over the last eight years; and, the active component Army is budgeting for a reduction of 38,000 in authorized National Guard personnel and this reduction, if implemented, will call for closing of National Guard Armories; and

     WHEREAS,  we believe these actions have resulted in a leadership environment within the components of the total Army that is counter-productive to efficiency and effectiveness of our Nation's military forces; and

     WHEREAS,  this situation in the Army indicates a lack of civilian control:

     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 Legislature urges the Secretary of Defense to reestablish civilian control over the military departments and to reestablish the effective custodianship of the Secretary of the Army over the Army National Guard of the United States and requires the Army to take those steps necessary to allow the Army National Guard to achieve the readiness levels established in law by the Congress of the United States; and

     BE IT FURTHER RESOLVED,  that the Congressional Delegation of this state and all other members of the Congress be encouraged to closely and continuously monitor the reestablishment of civilian control of the military and its custodianship over the National Guard and to provide whatever support is necessary to allow the Secretary of Defense to make this occur, and to insist that Army leadership provides the resources and assistance prescribed for all units of the Army National Guard to achieve and maintain the readiness level established by Congress; and

     BE IT FURTHER RESOLVED,  that national policy should be that nonmaritime military forces will be in the National Guard unless an adequate rebuttal can be made that specified forces must be in the active component to meet specified defense requirements.

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

---

     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 12th, the 23rd legislative day.

     Which motion prevailed.

(Continued)

     HB 1116:   FOR AN ACT ENTITLED, An Act   to allow the shooting of coyotes from snowmobiles.

     Was read the second time.

r-1116

     Rep. Koskan moved that HB 1116 be amended as follows:

     On page 1 , line 6 of the House Agriculture and Natural Resources committee engrossed bill , delete " is at least sixteen " and insert " owns or leases the land on which the hunt takes place " .

     On page 1 , delete lines 7 and 8 .

     On page 1 , line 9 , delete " to this section " .

     Rep. Brooks moved that HB 1116 with pending amendment be laid on the table.

     The question being on Rep. Brooks' motion that HB 1116 with pending amendment be laid on the table.

     And the roll being called:

     Yeas 41, Nays 28, Excused 1, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Collier; Davis; de Hueck; Derby; Diedrich; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lucas; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Solum; Van Gerpen; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Apa; Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Duenwald; Duniphan; Duxbury; Fitzgerald; Gabriel; Hunt; Johnson (Doug); Koskan; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Pummel; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Windhorst

---

     Excused were:
Hassard

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1116 with pending amendment was laid on the table.

     HB 1217:   FOR AN ACT ENTITLED, An Act   to revise certain aerial hunting provisions.

     Was read the second time.

     The question being "Shall HB 1217 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 15, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Belatti; Broderick; Brown (Richard); Collier; Davis; Duniphan; Hagen; Haley; Koetzle; Kooistra; Pederson (Gordon); Peterson (Bill); Roe; Van Gerpen; Volesky

     Excused were:
Hassard

     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 1221:   FOR AN ACT ENTITLED, An Act   to define and regulate a qualified education loan insurer, to provide for the investment of certain funds, to allow surety student loan insurance, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1221 pass as amended?"

     And the roll being called:

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     Yeas 65, Nays 4, 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; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Collier; Duenwald; Peterson (Bill); Schrempp

     Excused were:
Hassard

     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.

     Rep. Gabriel moved that the House do now recess until 9:20 p.m., which motion prevailed and at 8:56 p.m., the House recessed.

     The House reconvened at 9:20 p.m. the Speaker presiding.

(Continued)

     HB 1263:   FOR AN ACT ENTITLED, An Act   to implement the program for advanced payment of university tuition costs.

     Was read the second time.

    Rep. Fiegen moved the previous question.

    Which motion prevailed.

     The question being "Shall HB 1263 pass?"

     And the roll being called:

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     Yeas 47, Nays 22, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Munson (Donald); Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Speaker Hagg

     Nays were:
Brown (Gary); Cutler; Diedrich; Duenwald; Duniphan; Fiegen; Johnson (Doug); Konold; Koskan; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Rost; Solum; Van Gerpen; Wick; Windhorst

     Excused were:
Hassard

     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 1313:   FOR AN ACT ENTITLED, An Act   to allow an owner, operator, or manager of a cemetery to apply for a disinterment permit.

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

     Rep. Hunt moved that HB 1313 be amended as follows:

j-1313a

     On page 1 , line 6 of the House Health and Human Services committee engrossed bill , after " application " insert " , which contains a signature of next of kin, " .

     Which motion prevailed and HB 1313 was so amended.

     The question being "Shall HB 1313 pass as amended?"

     And the roll being called:

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     Yeas 64, Nays 5, 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; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Kazmerzak; Munson (Donald); Pederson (Gordon); Sokolow; Waltman

     Excused were:
Hassard

     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 1315:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to comparative negligence.

     Was read the second time.

     Rep. Hunt moved that HB 1315 be deferred until Thursday, February 12th, the 23rd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1329:   FOR AN ACT ENTITLED, An Act   to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     Was read the second time.

     The question being "Shall HB 1329 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; 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:
Broderick

     Excused were:
Fitzgerald; Hassard

     Absent and Not Voting were:
Koskan

     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 1330:   FOR AN ACT ENTITLED, An Act   to make an appropriation for adult basic education.

     Was read the second time.

     The question being "Shall HB 1330 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; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; 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:
de Hueck

---

     Excused were:
Fitzgerald; Hassard

     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 1237:   FOR AN ACT ENTITLED, An Act   to revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1237 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, 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; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; 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; Kazmerzak

     Excused were:
Fitzgerald; Hassard

     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 1214:   FOR AN ACT ENTITLED, An Act   to require continuation and conversion of health care coverage when an employer ceases operations.

     Was read the second time.

t-1214

     Rep. Munson (Donald) moved that HB 1214 be amended as follows:

     On page 1 , line 4 of the printed bill , delete " health benefit program that is self-insured, and every " .

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     On page 1 , line 13 , delete " Each plan of benefits, contract, or " and insert " Every " .

     On page 3 , after line 12 , insert:

"      Section 11. Nothing in this Act is enforceable to the extent such enforcement violates the Employer Retirement Income Security Act. "

     Which motion prevailed and HB 1214 was so amended.

     The question being "Shall HB 1214 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; 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; Speaker Hagg

     Nays were:
Brown (Richard); Konold; Monroe; Windhorst

     Excused were:
Fitzgerald; Hassard

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

     SB 92:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the recording of a social security number for the purposes of driver licensing.

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

     SB 156:   FOR AN ACT ENTITLED, An Act   to allow an administrator to dispose of certain items without a formal motion of the governing body.

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

     SB 161:   FOR AN ACT ENTITLED, An Act   to appropriate money for the Northern Crops Institute.

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

     SB 218:   FOR AN ACT ENTITLED, An Act   to provide for a Limited Liability Company Act.

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

     SB 228:   FOR AN ACT ENTITLED, An Act   to provide certain requirements for new continuing care retirement communities.

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

     SB 235:   FOR AN ACT ENTITLED, An Act   to prevent criminals from suing their victims for damages.

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

     SB 236:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding trusts and estates.

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

     SB 239:   FOR AN ACT ENTITLED, An Act   to impose legal responsibility and tort liability for environmental damages caused by the negligent entrustment of livestock to another or negligent control or specification of design, construction, or operational instruction of livestock facilities.

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

     Rep. Gabriel moved that SB 57 and 3 be deferred until Thursday, February 12th, the 23rd legislative day.

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     Which motion prevailed and the bills were so deferred.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1054, 1055, 1056, 1057, 1058, 1060, 1061, 1062,
1064, 1077, 1141, 1167, 1204, 1209, and 1239 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1007 was delivered to his Excellency, the Governor, for his approval at 3:15 p.m., February 11, 1998.

Respectfully submitted,
REX HAGG, Chair

     The Speaker publicly read the title to

     HB 1008: FOR AN ACT ENTITLED, An Act  to revise the requirements for using an absentee ballot.

     HB 1054: FOR AN ACT ENTITLED, An Act  to revise the definition of consanguinity and affinity in challenges for cause in jury trials.

     HB 1055: FOR AN ACT ENTITLED, An Act  to revise the membership of the judicial conference.

     HB 1056: FOR AN ACT ENTITLED, An Act  to revise the procedure to fix a new time period for execution of a death sentence if the time period established by the original warrant of execution has passed.

     HB 1057: FOR AN ACT ENTITLED, An Act  to revise the method of compiling the driver's license list for purposes of jury selection.

     HB 1058: FOR AN ACT ENTITLED, An Act  to revise certain statutes relating to jury districts.

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     HB 1060: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding who may administer oaths.

     HB 1061: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding where proof or acknowledgment may be made before a magistrate.

     HB 1062: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding proof or acknowledgment of an instrument.

     HB 1064: FOR AN ACT ENTITLED, An Act  to revise certain statutes relating to the authority of the Supreme Court to provide for accounting systems for the accountability of fiduciary funds.

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

     HB 1141: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the publication of certain public employees' salaries.

     HB 1167: FOR AN ACT ENTITLED, An Act  to revise certain provisions concerning appeals from decisions of county boards of equalization and to declare an emergency.

     HB 1204: 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 and to remove the requirement that the notation of a lien be placed on certain documents.

     HB 1209: 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.

     HB 1239: FOR AN ACT ENTITLED, An Act  to clarify the purposes for which proceeds of economic development revenue bonds may be used.

     And signed the same in the presence of the House.

     Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at 10:15 p.m. the House adjourned.