House Journal 02/12/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 12, 1998

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Michelle Bradley, followed by the Pledge of Allegiance led by House page Joan Beaner.

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

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-second day and finds that the following corrections should be made:

    On page 591 of the House Journal, delete lines 6 to 23, inclusive, and insert:

    "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 (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; 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 (Gary); 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."

     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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1282, which was reconsidered, and returns the same without recommendation.

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

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 30 and 31 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 72 and 76 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 55, 59, 60, 61, 63, and 65 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 Commerce respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill be amended as follows:

j-64a

On page 2 , line 13 of the Senate Commerce committee engrossed bill , after " publication " insert " primarily for such purpose " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 157, 2, and 70 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 69 and 71 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 Taxation respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill be amended as follows:

f-103a

On page 1 , line 6 of the Senate Taxation committee engrossed bill , delete " eighty " and insert " seventy " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 122 and 91 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 84 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 101, 12, 123, 13, and 73 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 Local Government respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill be amended as follows:

f-112

On page 1 , line 6 of the printed bill , overstrike " on the first Tuesdays " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 5 which was deferred to the 36th legislative day.

Respectfully submitted,
Kay Jorgensen, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 143, 149, and 24 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 200 and 29 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 Education respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill be amended as follows:

c-111

On page 1 , line 5 of the Senate Education committee engrossed bill , delete " five " and insert " fifteen " .

J-111

On page 1 , line 6 , delete " not " and insert " include interest, fees, or other charges not to exceed the current prime interest rate established by the Federal Reserve Board, at the time of the transfer of the loan. "

On page 1 , delete line 7 .

And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1020, 1021, 1135, and 1136 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1059 which has been amended by the Senate and your concurrence in the amendment is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 80, 120, 136, 163, 165, 170, and 173 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Duenwald moved that the House do concur in the Senate amendments to HB 1080.

     The question being on Rep. Duenwald's motion that the House do concur in the Senate amendments to HB 1080.

     And the roll being called:

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

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fischer- Clemens; Fitzgerald; Gabriel; 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; Windhorst; Speaker Hagg

Nays were:
Fiegen; Wick

Excused were:
Hassard

Absent and Not Voting were:
Brown (Richard); Cutler; Eccarius; Gleason

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.

     HCR 1013: A CONCURRENT RESOLUTION, Supporting the use of soybean-based diesel fuel in state vehicles.

     Rep. Diedrich moved that HCR 1013 as found on page 559 of the House Journal be adopted.

     The question being on Rep. Diedrich's motion that HCR 1013 be adopted.

     And the roll being called:

     Yeas 65, Nays 1, Excused 2, Absent and Not Voting 2

     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; 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

Nays were:
Napoli

Excused were:
Hassard; Windhorst

Absent and Not Voting were:
Cutler; Gleason

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

     HCR 1014: A CONCURRENT RESOLUTION, Memorializing Congress to restore the historic role of the National Guard in America's defense policy.

     Rep. Gabriel moved that HCR 1014 as found on pages 582 and 583 of the House Journal be adopted.

     The question being on Rep. Gabriel's motion that HCR 1014 be adopted.

     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; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; 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; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Hassard

Absent and Not Voting were:
Gleason; Roe; Sokolow

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1014 was adopted.

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

Rep. Richter moved to reconsider the vote by which HB 1186 was lost.

     The question being on Rep. Richter's motion to reconsider the vote by which HB 1186 was lost.

     And the roll being called:

     Yeas 41, Nays 26, Excused 1, Absent and Not Voting 2

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

Nays were:
Apa; Barker; Brown (Gary); Brown (Jarvis); Chicoine; Crisp; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

Excused were:
Hassard

Absent and Not Voting were:
Collier; McNenny

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1186 was up for reconsideration and final passage.

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

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

f-1186c

Rep. Napoli moved that HB 1186 be amended as follows:

On page 1 , delete line 8 of the House Appropriations committee engrossed bill , and insert " special legislative appropriations fund. "

On page 1 , after line 8 , insert:

" Section 2. There is created in the state treasury the special legislative appropriations fund, into which shall be deposited the unobligated cash remaining pursuant to section 1 of this Act. The moneys deposited in the fund shall be invested by the state investment council and any interest and profits derived from such investment shall remain in the fund unless the Legislature appropriates such money deposited in the fund or the interest and profits. "

Which motion lost.

     Rep. de Hueck moved that HB 1186 be laid on the table.

     The question being on Rep. de Hueck's motion that HB 1186 be laid on the table.

     And the roll being called:

     Yeas 33, Nays 33, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Gary); Brown (Jarvis); Chicoine; Collier; Crisp; Davis; de Hueck; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Moore; Napoli; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber

Nays were:
Belatti; Broderick; Brooks; Brown (Richard); Cerny; Cutler; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Gabriel; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Madden; Matthews; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Hassard; McNenny; Monroe

Absent and Not Voting were:
Barker

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

Rep. Richter rose to a point of order citing § 10-13-44 as the reason for requiring a majority rather than a two-thirds majority vote for passage of HB 1186.

The Speaker asked the members for other authority cites.

Following discussion, the Speaker ruled a majority vote was required for passage.

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

And the roll being called:

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

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

Nays were:
Barker; Brown (Gary); Brown (Jarvis); Chicoine; Collier; Crisp; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Weber

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.

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

No member moved to reconsider the vote by which HB 1216 was lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on HB 1231 as found on page 544 of the House Journal; also

     Judiciary on HB 1213 as found on pages 550 and 551 of the House Journal; also

     Judiciary on HB 1306 as found on pages 551 and 552 of the House Journal; also

     Judiciary on HB 1316 as found on page 552 of the House Journal; also

     Judiciary on HB 1322 as found on page 553 of the House Journal; also

     Judiciary on HB 1312 as found on page 553 of the House Journal; also

     Transportation on HB 1199 as found on pages 545 and 546 of the House Journal; also

     Transportation on HB 1301 as found on page 546 of the House Journal; also

     Health and Human Services on HB 1257 as found on pages 547 and 548 of the House Journal; also

     Health and Human Services on HB 1302 as found on pages 548 and 549 of the House Journal; also

     Health and Human Services on HB 1162 as found on pages 549 and 550 of the House Journal; also

     State Affairs on HB 1142 as found on pages 575 to 577 of the House Journal; also

     State Affairs on HB 1160 as found on pages 577 to 579 of the House Journal; also

     State Affairs on HB 1288 as found on page 579 of the House Journal; also

     State Affairs on HB 1291 as found on page 580 of the House Journal; also

     State Affairs on HB 1305 as found on page 580 of the House Journal; also

     State Affairs on HJR 1006 as found on page 581 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Jorgensen moved that the word "not" be stricken from the report of the Committee on Taxation on HB 1231 as found on page 544 of the House Journal and that HB 1231 be placed on today's calendar.

     The question being on Rep. Jorgensen's motion that the word "not" be stricken from the report of the Committee on Taxation on HB 1231 and that HB 1231 be placed on today's calendar.

     And the roll being called:

     Yeas 35, Nays 32, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Derby; Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Moore; Napoli; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

Nays were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cutler; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Johnson (Doug); Kooistra; Koskan; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
de Hueck; Hassard

Absent and Not Voting were:
Jaspers

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

     Rep. Collier moved to place HB 1312 on the calendar of Thursday, February 12th, the 23rd legislative day.

     The question being on Rep. Collier's motion to place HB 1312 on the calendar of Thursday, February 12th, the 23rd legislative day.

     And the roll being called:

     Yeas 24, Nays 43, Excused 2, Absent and Not Voting 1

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

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

Excused were:
de Hueck; Hassard

Absent and Not Voting were:
Brown (Richard)

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

Rep. Hunt moved to place HB 1162 on the calendar of Thursday, February 12th, the 23rd legislative day.

The question being on Rep. Hunt's motion to place HB 1162 on the calendar of Thursday, February 12th, the 23rd legislative day.

     And the roll being called:

     Yeas 45, Nays 22, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fitzgerald; Gabriel; Gleason; Hunt; Jaspers; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Rost; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Barker; Brown (Richard); Crisp; Cutler; Davis; Duniphan; Fiegen; Fischer-Clemens; Hagen; Haley; Johnson (Doug); Jorgensen; Lockner; Lucas; Pederson (Gordon); Peterson (Bill); Richter; Roe; Schaunaman; Sokolow; Sperry; Windhorst

Excused were:
de Hueck; Hassard

Absent and Not Voting were:
Collier

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1162 was so placed.

     Rep. Hagen moved to place HB 1319 on the calendar of Thursday, February 12th, the 23rd legislative day.

     The question being on Rep. Hagen's motion to place HB 1319 on the calendar of Thursday, February 12th, the 23rd legislative day.

     And the roll being called:

     Yeas 25, Nays 42, Excused 1, Absent and Not Voting 2

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

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

Excused were:
Hassard

Absent and Not Voting were:
Apa; Weber

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

     Rep. Volesky moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1294 as found on page 581 of the House Journal and that HB 1294 be placed on today's calendar.

     The question being on Rep. Volesky's motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1294 and that HB 1294 be placed on today's calendar.

     And the roll being called:

     Yeas 27, Nays 39, Excused 1, Absent and Not Voting 3

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg

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

Excused were:
Hassard

Absent and Not Voting were:
Apa; Jorgensen; Weber

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

Speaker Pro tempore Hunt now presiding.

Rep. Lucas moved to place HB 1282 on the calendar of Thursday, February 12th, the 23rd legislative day.

Rep. Putnam rose to a point of order that Rep. Kooistra's remarks need to be restricted to placing the bill on the calendar.

The Speaker asked that remarks be confined to placing the bill on the calendar.

     The question being on Rep. Lucas' motion to place HB 1282 on the calendar of Thursday, February 12th, the 23rd legislative day.

     And the roll being called:

     Yeas 28, Nays 39, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Brown (Jarvis); Cerny; Chicoine; Collier; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

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

Excused were:
Hassard; Windhorst

Absent and Not Voting were:
Belatti

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Hunt requested that SB 116 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 117: FOR AN ACT ENTITLED, An Act to prevent the inclusion of certain conditions in motor vehicle franchise agreements.

Was read the second time.

     The question being "Shall SB 117 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent and Not Voting 0

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

Nays were:
Davis; Sokolow; Waltman

Excused were:
Hassard; Koetzle; Moore; Richter

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 137: FOR AN ACT ENTITLED, An Act to provide for an emergency vehicle dealer's license and to declare an emergency.

Was read the second time.

     The question being "Shall SB 137 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 5, Absent and Not Voting 1

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

Excused were:
Duenwald; Hassard; Koetzle; Moore; Richter

Absent and Not Voting were:
Cutler

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.

SB 66: FOR AN ACT ENTITLED, An Act to increase the number of days a notice of intent to revoke a driver's license may function as a temporary driver's license following an arrest involving a refusal to submit to chemical analysis.

Was read the second time.

     The question being "Shall SB 66 pass?"

     And the roll being called:

     Yeas 62, Nays 2, Excused 5, Absent and Not Voting 1

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

Nays were:
Apa; Brooks

Excused were:
Duenwald; Hassard; Koetzle; Moore; Richter

Absent and Not Voting were:
Volesky

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1175: FOR AN ACT ENTITLED, An Act to provide for the reasonable compensation for warranty services performed by dealers selling agricultural and industrial equipment.

Was read the second time.

x-1175

Rep. McNenny moved that HB 1175 be amended as follows:

On page 1 , line 4 of the printed bill , delete " or industrial " .

On page 1 , line 4 , after " equipment " insert " as exempted from registration and licensing by § § 32-5-1.3 and 32-5-1.4 " .

On page 1 , line 5 , delete " adequately " .

Which motion prevailed and HB 1175 was so amended.

j-1175c

Rep. McNenny moved that HB 1175 be further amended as follows:

On page 2 , after line 11 of the printed bill , insert:

" Section 3. For the purposes of this Act, a dealer is any person whose sales of the manufacturer's equipment is equal to or exceeds thirty percent of the dealer's gross agricultural equipment sales during the preceding calendar year. The term, dealer, does not include a dealer whose principal business is the sale of off-road construction equipment.

Section 4. The provisions of this Act do not apply to any warranty agreements between manufacturers. "

Which motion prevailed and HB 1175 was so amended.

The question being "Shall HB 1175 pass as amended?"

And the roll being called:

Yeas 49, Nays 19, Excused 1, Absent and Not Voting 1

Yeas were:
Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Solum; Sperry; Van Gerpen; Volesky; Weber; Wetz

Nays were:
Apa; Barker; Belatti; Broderick; Davis; de Hueck; Duniphan; Fischer-Clemens; Konold; Kooistra; Pederson (Gordon); Peterson (Bill); Rost; Smidt; Sokolow; Waltman; Wick; Windhorst; Speaker Hagg

Excused were:
Hassard

Absent and Not Voting were:
Hagen

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

The question being on the title.

Rep. McNenny moved that the title to HB 1175 be amended as follows:

On page 1 , line 2 of the printed bill , delete " agricultural and industrial " and insert " certain " .

Which motion prevailed and the title was so amended.

HB 1262: FOR AN ACT ENTITLED, An Act to require health insurance coverage for mental illness.

Was read the second time.

j-1262a

Rep. Broderick moved that HB 1262 be amended as follows:

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

" Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

Every policy of health insurance that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for the treatment and diagnosis of biologically- based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.

As used in this section, biologically-based mental illness means any mental illness which current medical research affirms is caused by a neurobiological disorder of the brain and which substantially impairs perception, cognitive function, judgment, and emotional stability and which limits the life activities of the person with the illness. The term includes schizophrenia; schizo affective disorder; bipolar affective disorder; major depression; obsessive-compulsive disorder, and other anxiety disorders which cause significant impairment of function; and other disorders proven to be biologically-based mental illnesses.

Section 2. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

Every group health insurance policy that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for the treatment and diagnosis of biologically- based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.

Section 3. That chapter 58-18B be amended by adding thereto a NEW SECTION to read as follows:

Every small employer health benefit plan that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for the treatment and diagnosis of biologically-based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.

Section 4. That chapter 58-38 be amended by adding thereto a NEW SECTION to read as follows:

Every service or indemnity-type contract issued by a nonprofit medical and surgical service plan corporation that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for the treatment and diagnosis of biologically-based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.

Section 5. That chapter 58-40 be amended by adding thereto a NEW SECTION to read as follows:

Every service or indemnity-type contract issued by a nonprofit hospital service plan corporation that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall provide, in writing, coverage for the treatment and diagnosis of biologically-based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.

Section 6. That chapter 58-41 be amended by adding thereto a NEW SECTION to read as follows:

Every health maintenance contract that is delivered, issued for delivery, or renewed in this state, except for policies that provide coverage for specified disease or other limited benefit coverage, shall offer, in writing, coverage for the treatment and diagnosis of biologically-based mental illnesses with the same dollar limits, deductibles, coinsurance factors, and restrictions as for other covered illnesses.

which limits the life activities of the person with the illness. The term includes schizophrenia; schizo affective disorder; bipolar affective disorder; major depression; obsessive-compulsive disorder, and other anxiety disorders which cause significant impairment of function; and other disorders proven to be biologically-based mental illnesses. "

Rep. Roe now presiding.

The question being on Rep. Broderick's motion to amend HB 1262.

    A roll call vote was requested and supported.

    And the roll being called:

     Yeas 33, Nays 32, Excused 4, Absent and Not Voting 1

     Yeas were:
Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Jaspers; Kazmerzak; Konold; Kredit; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Smidt; Solum; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Apa; Belatti; Brooks; Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Duxbury; Fischer- Clemens; Gleason; Hagen; Haley; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Lee; Lockner; Lucas; Madden; Matthews; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Windhorst

Excused were:
Hassard; Hunt; Koskan; Peterson (Bill)

Absent and Not Voting were:
Barker

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1262 was so amended.

j-1262b

Rep. Fiegen moved that HB 1262 be further amended as follows:

In the previously adopted amendment, j-1262a, after the last line, insert:

" Section 7. Notwithstanding the provisions of this Act, any health insurance provider under sections 1 to 6, inclusive, of this Act may reduce benefits for mental illness if the health insurance provider can demonstrate that premiums will increase one percent or more due to the inclusion of benefits for mental health. "

Rep. Moore moved that Rep. Fiegen's motion to amend HB 1262 be laid on the table.

The question being on Rep. Moore's motion that Rep. Fiegen's motion to amend HB 1262 be laid on the table.

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

     And the roll being called:

     Yeas 48, Nays 16, Excused 5, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Madden; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

Nays were:
Apa; Brown (Richard); Derby; Fiegen; Fitzgerald; Jaspers; Jorgensen; Kredit; Matthews; McNenny; Napoli; Pummel; Richter; Roe; Windhorst; Speaker Hagg

Excused were:
Diedrich; Hassard; Hunt; Koskan; Monroe

Absent and Not Voting were:
Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Fiegen's motion to amend HB 1262 was laid on the table.

Rep. Richter moved the previous question.

Which motion prevailed.

The question now being "Shall HB 1262 pass as amended?"

And the roll being called:

Yeas 54, Nays 12, Excused 4, Absent and Not Voting 0

Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick

Nays were:
Apa; Brown (Richard); Duniphan; Fiegen; Johnson (Doug); Matthews; McNenny; Monroe; Pederson (Gordon); Wetz; Windhorst; Speaker Hagg

Excused were:
Diedrich; Hassard; Hunt; Koskan

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.

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

r-1315a

Rep. Hagg moved that HB 1315 be amended as follows:

On page 1 , delete lines 6 to 14 of the printed bill , inclusive , and insert:

" person's property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence ~~shall~~ does not bar a recovery ~~when~~ if the contributory negligence of the plaintiff was ~~slight in comparison with~~ less than the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence. "

Rep. Moore moved the previous question.

Which motion prevailed.

The question being on Rep. Hagg's motion to amend HB 1315.

A roll call vote was requested and supported.

And the roll being called:

Yeas 60, Nays 8, Excused 2, Absent and Not Voting 0

Yeas were:
Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Haley; 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; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Brooks; Cerny; Cutler; Hagen; Monroe; Wick

Excused were:
Hassard; Hunt

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1315 was so amended.

     The question now being "Shall HB 1315 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 20, Excused 2, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Collier; Crisp; de Hueck; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Napoli; Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Apa; Barker; Brooks; Cerny; Chicoine; Cutler; Davis; Diedrich; Gabriel; Jorgensen; Koskan; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Smidt; Solum; Wick; Windhorst

Excused were:
Hassard; Hunt

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 1019: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expend higher educational facilities funds to lease certain educational facilities.

Was read the second time.

     The question being "Shall HB 1019 pass as amended?"

     And the roll being called:

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

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

Nays were:
Cutler; Duenwald; Gabriel; Moore; Roe; Sokolow

Excused were:
Hassard; Hunt

Absent and Not Voting were:
Collier

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

Speaker Hagg now presiding.

HB 1022: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to contract for the construction of a multiple use center to provide academic and recreational facilities for Dakota State University and facilities for community activities for the city of Madison and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1022 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); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Fiegen; Koetzle; Moore; Windhorst

Excused were:
Hassard; Hunt

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 1023: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to contract for the renovation of engineering and technology facilities at the South Dakota School for Mines and Technology and for construction of an addition to an engineering and technology facility at South Dakota State University and to make an appropriation therefor.

Was read the second time.

     The question being "Shall HB 1023 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 2, 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; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Kazmerzak; 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

Nays were:
Fiegen; Koetzle; Van Gerpen

Excused were:
Hassard; Hunt

Absent and Not Voting were:
Jorgensen

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 1328: FOR AN ACT ENTITLED, An Act to increase the bonding authority for postsecondary technical institutes and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1328 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; 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; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cutler; Gabriel; Roe

Excused were:
Hassard; Hunt

Absent and Not Voting were:
Belatti; Jorgensen

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 1238: FOR AN ACT ENTITLED, An Act to establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

Was read the second time.

     The question being "Shall HB 1238 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 9, Excused 1, Absent and Not Voting 1

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

Nays were:
Barker; Collier; Davis; de Hueck; Gleason; Lockner; Roe; Volesky; Windhorst

Excused were:
Hassard

Absent and Not Voting were:
Moore

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 1125: FOR AN ACT ENTITLED, An Act to establish a comprehensive health association to provide insurance coverage to eligible persons.

Was read the second time.

j-1125d

Rep. Fischer-Clemens moved that HB 1125 be amended as follows:

On page 7 , line 11 of the House Commerce committee engrossed bill , after " meet " insert " the start-up costs and " .

On page 8 , line 13 , delete " treasurer of state " and insert " state treasurer " .

On page 9 , line 18 , delete " have " and insert " has " .

On page 11 , line 3 , delete " the provision of which is " and insert " which are " .

On page 11 , delete line 24 .

On page 12 , delete lines 1 and 2 .

On page 13 , delete lines 2 to 6 , inclusive .

On page 13 , line 7 , delete " 29 " and insert " 28 " .

On page 13 , line 14 , delete " or is only offered health insurance coverage " and insert " . " .

On page 13 , delete line 15 .

On page 16 , after line 12 , insert:

" Section 36. Any member who has paid one or more assessments levied under this Act may take a credit against the premium taxes, or similar taxes, upon revenues or income of the member that are imposed by the state on health insurance premiums pursuant to chapter 10-44, up to the amount of twenty percent of those taxes due, for each of the five calendar years following the year for which an assessment was paid, or until the aggregate of those assessments has been offset by credits against those taxes if this occurs first. If a member ceases doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. "

Rep. Hagen moved the previous question.

Which motion prevailed.

The question being on Rep. Fischer-Clemens' motion to amend HB 1125.

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

    And the roll being called:

     Yeas 32, Nays 36, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Broderick; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Roe; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

Nays were:
Apa; Belatti; Brooks; Brown (Gary); Brown (Richard); Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Fitzgerald; Gabriel; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Solum; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Hassard

Absent and Not Voting were:
Van Gerpen

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

     The question now being "Shall HB 1125 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 39, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Duxbury; Fischer- Clemens; Gabriel; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

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

Excused were:
Hassard

Absent and Not Voting were:
Van Gerpen

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

HB 1151: FOR AN ACT ENTITLED, An Act to provide for notification and hearing when motor vehicle franchise agreements are modified or replaced.

Was read the second time.

The question being "Shall HB 1151 pass as amended?"

And the roll being called:

Yeas 58, Nays 8, Excused 2, Absent and Not Voting 2

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; Fitzgerald; Gabriel; Gleason; Hagen; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Solum; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst

Nays were:
Collier; Kooistra; Munson (Donald); Schrempp; Sokolow; Sperry; Waltman; Speaker Hagg

Excused were:
Hassard; Koetzle

Absent and Not Voting were:
Haley; Pederson (Gordon)

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 1314: FOR AN ACT ENTITLED, An Act to provide consumer protection for members of managed care plans.

Was read the second time.

Rep. Fiegen moved that HB 1314 be amended as follows:

On page 5 of the House Commerce committee engrossed bill, delete lines 19 to 24, inclusive.

On page 6, delete lines 1 to 19, inclusive.

Which motion lost.

The question being "Shall HB 1314 pass as amended?"

And the roll being called:

Yeas 61, Nays 3, Excused 2, Absent and Not Voting 4

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; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Jorgensen; Matthews

Excused were:
Hassard; Koetzle

Absent and Not Voting were:
Duxbury; Haley; Rost; Schrempp

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

Speaker Pro tempore Hunt now presiding.

HB 1247: FOR AN ACT ENTITLED, An Act to authorize withholding animal damage services to a county under certain circumstances.

Was read the second time.

t-1247a

Rep. Koskan moved that HB 1247 be amended as follows:

On page 1 , line 9 of the House Local Government committee engrossed bill , after " full. " insert " However, the secretary shall segregate that portion of the federal funds received by the department under the USDA APHIS - Wildlife Services agreement which equals the prorated share of such counties' animal damage control assessment and shall disburse that segregated amount to such counties for animal damage control activities in those counties. "

f-1247

Rep. Wetz moved as a substitute motion that HB 1247 be amended as follows:

On page 1 , line 9 of the House Local Government committee engrossed bill , after " full. " insert " However, the department may apply any sums of money that the department is obligated

to pay to the county or reimburse the county for, including property taxes, toward payment of the required appropriation. " .

Which motion lost.

The question now being on Rep. Koskan's motion to amend HB 1247.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 26, Nays 42, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Cerny; Chicoine; Collier; Davis; Duenwald; Duxbury; Gabriel; Gleason; Hagen; Jaspers; Johnson (Doug); Kazmerzak; Koskan; Lee; Lockner; Monroe; Moore; Putnam; Schrempp; Solum; Sperry; Van Gerpen; Waltman; Wick; Windhorst

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Haley; Hunt; Jorgensen; Koetzle; Konold; Kooistra; Kredit; Lucas; Madden; Matthews; McNenny; Munson (Donald); Napoli; Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Volesky; Weber; Wetz; Speaker Hagg

Excused were:
Hassard; 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 1247 pass as amended?"

     And the roll being called:

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

     Yeas were:
Barker; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; de Hueck; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Jorgensen; Konold; Matthews; Monroe; Pummel; Richter; Roe; Rost; Volesky; Wetz; Speaker Hagg

Nays were:
Apa; Belatti; Broderick; Brooks; Cerny; Chicoine; Collier; Cutler; Davis; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill); Putnam; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wick; Windhorst

Excused were:
Hassard; Pederson (Gordon)

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

HB 1310: FOR AN ACT ENTITLED, An Act to provide for compliance with certain federal law governing access and confidentiality of education records and elicitation of information concerning pupils, and to require written notice of rights to parents and guardians.

Was read the second time.

Rep. Brooks moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1310 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 36, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Brooks; Brown (Richard); Davis; de Hueck; Derby; Diedrich; Duenwald; Eccarius; Fitzgerald; Gabriel; Haley; Hunt; Jorgensen; Koskan; Lockner; Madden; Matthews; McNenny; Monroe; Napoli; Pummel; Roe; Rost; Smidt; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Duniphan; Fiegen; Fischer-Clemens; Gleason; Hagen; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lucas; Moore; Munson (Donald); Peterson (Bill); Putnam; Richter; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber

Excused were:
Duxbury; Hassard; Pederson (Gordon)

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

Rep. Windhorst announced his intention to reconsider the vote by which HB 1310 was lost.

HB 1133: FOR AN ACT ENTITLED, An Act to clarify provisions relating to teacher contracts.

Was read the second time.

     The question being "Shall HB 1133 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, 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; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Johnson (Doug); Peterson (Bill); Sokolow; Solum

Excused were:
Duxbury; Hassard; Pederson (Gordon)

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 1134: FOR AN ACT ENTITLED, An Act to require a school district to levy the maximum special education tax levy to qualify for state aid to special education.

Was read the second time.

f-1134

Rep. Cutler moved that HB 1134 be amended as follows:

On page 5 , after line 7 of the House Education committee engrossed bill , insert:

" Section 4. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

It is the policy of the Legislature that the appropriation for the state aid to special education increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid to special education shall remain constant. "

Which motion prevailed and HB 1134 was so amended.

     The question now being "Shall HB 1134 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; 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; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Duxbury; Hassard; Pederson (Gordon)

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. Cutler moved that the title to HB 1134 be amended as follows:

On page 1 , line 1 of the House Education committee engrossed bill , delete everything after " An Act to " and insert " maintain the state's share of funding to special education. " .

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1092: FOR AN ACT ENTITLED, An Act to provide for the establishment of public charter schools.

Was read the second time.

Rep. Matthews moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1092 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Brown (Gary); Brown (Richard); Collier; Crisp; de Hueck; Duniphan; Eccarius; Gabriel; Hunt; Koskan; Lucas; Madden; Monroe; Napoli; Peterson (Bill); Pummel; Rost; Schrempp; Volesky; Weber; Wick; Speaker Hagg

Nays were:
Belatti; Broderick; Brooks; Brown (Jarvis); Cerny; Chicoine; Cutler; Davis; Derby; Diedrich; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Matthews; McNenny; Moore; Munson (Donald); Putnam; Richter; Roe; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Wetz; Windhorst

Excused were:
Hassard; Pederson (Gordon)

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

     Earlier today, Rep. Windhorst announced his intention to reconsider the vote by which HB 1310 was lost.

     Rep. Windhorst moved to reconsider the vote by which HB 1310 was lost.

     The question being on Rep. Windhorst's motion to reconsider the vote by which HB 1310 was lost.

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cutler; Davis; de Hueck; Derby; Duenwald; Duniphan; Duxbury; Fitzgerald; Gabriel; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koskan; Lockner; Madden; Matthews; McNenny; Monroe; Napoli; Peterson (Bill); Putnam; Richter; Roe; Rost; Smidt; Sokolow; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Brown (Gary); Cerny; Chicoine; Collier; Crisp; Diedrich; Eccarius; Fiegen; Fischer- Clemens; Gleason; Hagen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lucas; Moore; Munson (Donald); Pummel; Schaunaman; Schrempp; Solum; Sperry; Volesky; Waltman

Excused were:
Hassard; Pederson (Gordon)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1310 was up for reconsideration and final passage.

The Speaker announced that HB 1310 would be placed at the end of the second reading of house bills.

Speaker Hagg now presiding.

     Rep. Haley moved that the rules be suspended for the sole purpose of placing HB 1179, 1325, 1213, 1306, 1316, 1322, 1199, 1301, 1257, 1302, 1142, 1160, 1288, 1291, and 1305, HJR1006, HB 1162 and 1310 on the calendar for Friday, February 13th, the 24th legislative day.

     The question being on Rep. Haley's motion that the rules be suspended for the sole purpose of placing HB 1179, 1325, 1213, 1306, 1316, 1322, 1199, 1301, 1257, 1302, 1142, 1160, 1288, 1291, and 1305, HJR1006, HB 1162 and 1310 on the calendar for Friday, February 13th, the 24th legislative day.

     And the roll being called:

     Yeas 62, Nays 3, Excused 2, Absent and Not Voting 3

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

Nays were:
Cerny; Collier; Sokolow

Excused were:
Hassard; Pederson (Gordon)

Absent and Not Voting were:
Belatti; Eccarius; Gabriel

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion passed and the bills were so placed.
.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 80: FOR AN ACT ENTITLED, An Act to permit school districts to enter an agreement with a nonprofit organization to provide for construction, operation, and maintenance of facilities.

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

SB 120: FOR AN ACT ENTITLED, An Act to revise the funding of special education.

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

SB 136: FOR AN ACT ENTITLED, An Act to authorize planning for a coordinated statewide 911 emergency reporting system and to make an appropriation therefor.

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

SB 163: FOR AN ACT ENTITLED, An Act to delay the adoption and implementation of course guidelines for language arts and mathematics.

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

SB 165: FOR AN ACT ENTITLED, An Act to provide an exemption from the Uniform Unclaimed Property Act for certain unredeemed gift certificates.

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

SB 170: FOR AN ACT ENTITLED, An Act to create the Higher Education Advance Payment Plan Task Force.

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

SB 173: FOR AN ACT ENTITLED, An Act to revise the average daily membership for consolidated school districts.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Hunt moved that SB 57, 3, and 130 be deferred until Friday, February 13th, the 24th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1020, 1021, 1080, 1135, and 1136 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1008, 1054, 1055, 1056, 1057, 1058, 1060, 1061, 1062, 1064, 1077, 1141, 1167, 1204, 1209, and 1239 were delivered to his Excellency, the Governor, for his approval at 3:30 p.m., February 12, 1998.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1020: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a softball complex at the University of South Dakota and to make an appropriation therefor.

     HB 1021: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase a tract of land in Vermillion, Clay County, and to make an appropriation.

     HB 1080: FOR AN ACT ENTITLED, An Act to revise the criteria and income limits of a person eligible for a real property tax assessment freeze.

     HB 1135: FOR AN ACT ENTITLED, An Act to authorize production incentive payments for ethanol derived from biomass.

     HB 1136: FOR AN ACT ENTITLED, An Act to revise certain requirements for the denaturing of ethanol alcohol.

     SB 44: FOR AN ACT ENTITLED, An Act to revise the methods of compensating the administrator of the South Dakota Retirement System.

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

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

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

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

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

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

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

     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.

     And signed the same in the presence of the House.

Rep. Hunt moved that when we adjourn today, we adjourn to convene at 1:30 p.m., on Friday, February 13, the 24th legislative day.

Which motion prevailed.

Rep. de Hueck moved that the House do now adjourn, which motion prevailed, and at 6:55 p.m. the House adjourned.

KAREN GERDES, Chief Clerk