JOURNAL OF THE HOUSE

SEVENTY-THIRD  SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 13, 1998

     The House convened at 1:30 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Ron Burkhalter, followed by the Pledge of Allegiance led by House page Jennifer Engelbrecht.

     Roll Call: All members present except Reps. Belatti and Fitzgerald who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-third 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.
COMMUNICATIONS AND PETITIONS



Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1041, 1045, 1052, 1152, 1154, 1176, 1198, 1224, and 1254, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration SB 10, 14, 15, 17, 6, 7, 8, and 9 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
Gordon Pederson, Vice Chair

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration SB 238 and 32 and returns the same with the recommendation that said bills do pass.


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

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 36, 38, 41, and 88 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 198, 25, and 42 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 Judiciary respectfully reports that it has had under consideration SB 37 and returns the same with the recommendation that said bill be amended as follows:

r-37

     On page 1 , line 8 of the printed bill , delete " second " and insert " third " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration SB 197 and returns the same with the recommendation that said bill be amended as follows:
r-197a

     On page 1 , line 6 of the Senate Judiciary committee engrossed bill , delete " place " .

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

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration SB 18 and 27 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 Health and Human Services respectfully reports that it has had under consideration SB 26 and returns the same with the recommendation that said bill be amended as follows:
j-26

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

"      Section  1.  That subdivision (7) of § 34-26A-1 be amended to read as follows:

             (7)      "Crematory authority," the legal entity or the authorized representative of the legal entity which is licensed by the department board to operate a crematory and perform cremation;
     Section  2.  That subdivision (9) of § 34-26A-1 be repealed.

             (9)      "Department," the Department of Health;

     Section  3.  That § 34-26A-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Board," the State Board of Funeral Service.

     Section  4.  That § 34-26A-4 be amended to read as follows:

     34-26A-4.   An application for licensure or renewal of a license as a crematory authority shall be on forms furnished and prescribed by the department board . Applications shall be in writing, accompanied by a license or renewal fee of one hundred dollars and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory , and any other information the department board may reasonably require. The department board shall annually examine the premises and structure to be used as a crematory and shall issue a license or renew a license for the crematory authority, if the applicant meets all requirements of this chapter. If a change of ownership of a crematory occurs, within thirty days of the change, the crematory authority shall provide the department board with the names and addresses of the new owners.

     Section  5.  That § 34-26A-33 be amended to read as follows:

     34-26A-33.   The department board shall promulgate reasonable rules pursuant to chapter 1-26 as may be consistent with this chapter governing the cremation of human remains. The rules specifically shall include the minimum standards of sanitation, refrigeration, required equipment , and fire protection for all crematories which the department board may deem necessary for the protection of the public. A crematory authority may adopt reasonable rules, not inconsistent with this chapter, for the management and operation of a crematory. "


     And that as so amended said bill do pass.

Respectfully submitted,
Kristie Fiegen, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1024, 1074, 1083, 1098, 1127, 1158, 1177, 1178, and 1242 which have passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 21, 22, 23, 94, 124, 147, 193, 215, 219, 240, 241, and SJR 4 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 2 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1059.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1059.

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; 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; Windhorst; Speaker Hagg

     Nays were:
Monroe

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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.

     SCR 2:   A CONCURRENT RESOLUTION,   Requesting the South Dakota Congressional Delegation to support implementing comprehensive tobacco control measures to protect children from tobacco and allocating to South Dakota its entire share of any reimbursement for any medical and other costs deriving from tobacco-related disease that may be included in such legislation.

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

     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, February 14th, the 25th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Commerce on SB 64 as found on page 597 of the House Journal; also

     Taxation on SB 103 as found on page 598 of the House Journal; also

     Local Government on SB 112 as found on pages 598 and 599 of the House Journal; also

     Education on SB 111 as found on pages 599 and 600 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Koskan requested that SB 72 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Moore requested that SB 76 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 55:   FOR AN ACT ENTITLED, An Act   to revise certain real estate licensing application and examination procedures and to authorize the increase of license application fees.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 61, Nays 5, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); 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:
de Hueck; Monroe; Napoli; Sokolow; Windhorst

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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 59:   FOR AN ACT ENTITLED, An Act   to revise certain exemptions to real estate licensing requirements.

     Was read the second time.

     The question being "Shall SB 59 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; 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; Windhorst; Speaker Hagg

     Nays were:
Monroe


     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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. de Hueck requested that SB 60 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 61:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of fireworks.

     Was read the second time.

     The question being "Shall SB 61 pass?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Jaspers; Monroe; Napoli; Weber

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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 63:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding unprofessional conduct by real estate licensees.

     Was read the second time.

     The question being "Shall SB 63 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

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

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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 65:   FOR AN ACT ENTITLED, An Act   to revise the advertising restrictions for real estate licensees.

     Was read the second time.

     The question being "Shall SB 65 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; 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; Hunt

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee


     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 69:   FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the filing of contractor's excise tax returns and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 69 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

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

     Nays were:
Collier; Duenwald; Sokolow; Weber

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

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

     Was read the second time.

     The question being "Shall SB 71 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; 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; Windhorst; Speaker Hagg

     Nays were:
Napoli

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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 101:   FOR AN ACT ENTITLED, An Act   to repeal the requirement to provide certain guardrails on county and township bridges.

     Was read the second time.

     The question being "Shall SB 101 pass?"

     And the roll being called:

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

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

     Nays were:
Hassard; Sokolow

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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. Koskan requested that SB 12 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 123:   FOR AN ACT ENTITLED, An Act   to establish uniform charges against certain property to pay for the cost of publication.

     Was read the second time.

     The question being "Shall SB 123 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Collier; Hassard; Sokolow

     Excused were:
Belatti; Fitzgerald; Kazmerzak; Lee

     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 13:   FOR AN ACT ENTITLED, An Act   to revise the State Board of Elections' rule- making authority.

     Was read the second time.

     The question being "Shall SB 13 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Peterson (Bill)

     Excused were:
Belatti; Fitzgerald; Lee

     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. Moore requested that SB 73 be removed from the Consent Calendar.

    Which request was granted and the bill was so removed.

     SB 200:   FOR AN ACT ENTITLED, An Act   to repeal the waiver of academic achievement tests for special education students.

     Was read the second time.

     The question being "Shall SB 200 pass?"

     And the roll being called:

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

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

     Nays were:
Duenwald

     Excused were:
Belatti; Fitzgerald

     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 29:   FOR AN ACT ENTITLED, An Act   to revise the circumstances under which a school district may charge a fee for school bus transportation services.

     Was read the second time.

     The question being "Shall SB 29 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Hunt; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cutler; de Hueck; Diedrich; Gabriel; Jaspers; Koskan; Sokolow; Weber

     Excused were:
Belatti; Fitzgerald

     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


     Rep. Gabriel moved that HB 1316, 1162, and 1325 be placed to precede HB 1179 on today's calendar.

     Which motion prevailed and the bills were so placed.


     HB 1316:   FOR AN ACT ENTITLED, An Act   to revise certain provisions related to drug free zones around schools and certain other youth-oriented facilities.

     Was read the second time.

     The question being "Shall HB 1316 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 3, Absent and Not Voting 1

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

     Nays were:
Cutler; Jorgensen; McNenny

     Excused were:
Belatti; Fitzgerald; Windhorst

     Absent and Not Voting were:
Haley

     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 1162:   FOR AN ACT ENTITLED, An Act   to require the systematic reporting of information concerning abortions, informed consent, and parental notice.

     Was read the second time.

j-1162b

     Rep. Hunt moved that HB 1162 be amended as follows:

     On page 3 of the House Health and Human Services committee engrossed bill , delete lines 9 to 12 , inclusive .

     On page 5 , line 6 , delete " 7 " and insert " 4 " .

     On page 6 , line 8 , delete " 9 " and insert " 6 " .
     Which motion prevailed and HB 1162 was so amended.

     Rep. Barker moved that HB 1162 be laid on the table.

     The question being on Rep. Barker's motion that HB 1162 be laid on the table.

     And the roll being called:

     Yeas 15, Nays 53, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Collier; Cutler; Davis; Fischer-Clemens; Hagen; Johnson (Doug); Jorgensen; Koetzle; Lockner; Peterson (Bill); Richter; Schaunaman; Wick; Windhorst

     Nays were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

     Excused were:
Belatti; Fitzgerald

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

     The question now being "Shall HB 1162 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Barker; Collier; Cutler; Davis; Hagen; Johnson (Doug); Jorgensen; Peterson (Bill); Richter; Schaunaman


     Excused were:
Belatti; Fitzgerald

     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 1325   :   FOR AN ACT ENTITLED, An Act   to provide for the type of advertising permitted by certain licensed establishments.

    Was read the second time.

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     Rep. Moore moved that HB 1325 be amended as follows:

     On page 1 , line 9 of the printed bill , after " any " insert " new " .

     On page 1 , line 10 , after " purposes " insert " on or after April 1, 1998. Any sign physically attached to such establishment, located on or near the business property, or installed for exterior advertising purposes before April first is not in violation of this section " .
f-1325d

     Rep. Derby moved as a substitute motion that HB 1325 be amended as follows:

     On page 1 , after line 13 of the printed bill , insert:

"      Section 2. That § 42-7A-63 be amended to read as follows:

     42-7A-63.   The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income shall be fifty percent until June 30, 1999, forty-five percent from July 1, 1999 to June 30, 2000, inclusive, forty percent from July 1, 2000 to June 30, 2001, inclusive, thirty-five percent from July 1, 2001 to June 30, 2002, and thirty percent from July 1, 2002 to June 30, 2003 . The state's percentage of net machine income shall be directly deposited to the property tax reduction fund, except for one-half of one percent of net machine income authorized for deposit into the video lottery operating fund. The effective date of this section is July 1, 1996.

     Section 3. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:

    
    No additional video lottery machines may be placed in any licensed establishment.

     Section 4. That § 42-7A-37.1 be amended to read as follows:

     42-7A-37.1.   A business licensed pursuant to subdivision 35-4-2 (12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1 (6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing and consumption of alcoholic beverages on

the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section the effective date of this section. No license may be transferred to any establishment after the effective date of this section . No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section.

     Section 5. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     There is imposed a tax of four percent upon the gross receipts from all sales of food, as defined by the Food Stamp Act of 1977 (P.L. 95-113), codified at 7 U.S.C. §  2012(g), as amended through January 1, 1998.

     Section 6. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

     There is imposed a tax of four percent upon the gross receipts from all sales of food, as defined by the Food Stamp Act of 1977 (P.L. 95-113), codified at 7 U.S.C. §  2012(g), as amended through January 1, 1998.

     Section 7. That § 10-45-2 be amended to read as follows:

     10-45-2.   There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four and one-half percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as taxed by §  10-45-3 and except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.

     Section 8. That § 10-45-3 be amended to read as follows:

     10-45-3.   There is hereby imposed a tax of three and one-half percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers; provided, however, that whenever any trade-in or exchange of used farm machinery is involved in the transaction, the tax shall only be due and collected on the cash difference.

     Section 9. That § 10-45-5 be amended to read as follows:


     10-45-5.   There is imposed a tax at the rate of three and one-half percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four and one-half percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §  32-5-1 leased under a single contract for more than twenty-eight days and mobile homes provided, however, that the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §  10-45-4.

     Section 10. That § 10-45-5.3 be amended to read as follows:

     10-45-5.3.   There is imposed, at the rate of three and one-half percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

     Section 11. That § 10-45-6 be amended to read as follows:

     10-45-6.   There is hereby imposed a tax of four and one-half percent upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to consumers or users.

     Section 12. That § 10-45-6.1 be amended to read as follows:

     10-45-6.1.   There is hereby imposed on amounts paid for local telephone services, toll telephone services and teletypewriter services, a tax of four and one-half percent of the amount so paid. The taxes imposed by this section shall be paid by the person paying for the services. If a bill is rendered the taxpayer for local telephone service or toll telephone service, the amount on which the tax with respect to such services shall be based shall be the sum of all charges for such services included in the bill; except that if a person who renders the bill groups individual items for purposes of rendering the bill and computing the tax, then the amount on which the tax for each such group shall be based shall be the sum of all items within that group, and the tax on the remaining items not included in any such group shall be based on the charge for each item separately. If the tax imposed by this section with respect to toll telephone service is paid by inserting coins in coin operated telephones, the tax shall be computed to the nearest multiple of five cents, except that, where the tax is midway between multiples of five cents, the next higher multiple shall apply. The tax so paid shall be remitted at the same time as the sales tax imposed by this chapter.

     Section 13. That § 10-45-8 be amended to read as follows:

     10-45-8.   There is imposed a tax of four and one-half percent upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic events, except as otherwise provided in this chapter.

     Section 14. That § 10-45-70 be amended to read as follows:

     10-45-70.   There is imposed a tax of four and one-half percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

     Section 15. That § 10-45-71 be amended to read as follows:

     10-45-71.   There is imposed a tax of four and one-half percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

     Section 16. That § 10-46-2.1 be amended to read as follows:

     10-46-2.1.   For the privilege of using services in South Dakota, except those types of services exempted by §  10-46-17.3, there is imposed on the person using the service an excise tax equal to four and one-half percent of the value of the services at the time they are rendered. However, this tax may not be imposed on any service rendered by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term related corporation includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. §  1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. §  1563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his the employer are not taxable.

     Section 17. That § 10-46-2.2 be amended to read as follows:
     10-46-2.2.   An excise tax is imposed upon the privilege of the use of rented tangible personal property in this state at the rate of four and one-half percent of the rental payments upon the property.

     Section 18. That § 10-46-57 be amended to read as follows:

     10-46-57.   There is imposed a tax of four and one-half percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

     Section 19. That § 10-46-58 be amended to read as follows:


     10-46-58.   There is imposed a tax of four and one-half percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

     Section 20. That § 10-58-1 be amended to read as follows:

     10-58-1.   There is imposed upon owners and operators a special amusement excise tax of four and one-half percent of the gross receipts from the operation of any mechanical or electronic amusement device.

     Section 21. The secretary of revenue shall transfer the additional revenue received by the state from the increase of the sales and use tax imposed by this Act to the property tax reduction fund.

     Section 22. That § 42-7A-1 be amended to read as follows:

     42-7A-1.   Terms used in this chapter mean:

             (1)      "Associated equipment," any proprietary device, machine or part used in the manufacture or maintenance of a video lottery machine, including but not limited to integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors and metering devices;

             (2)      "Commission," the South Dakota Lottery Commission;

             (3)      "Credit," five, ten or twenty-five cents;

             (4)      "Executive director," the executive director of the South Dakota Lottery;

             (5)      "Instant lottery," a game that offers preprinted tickets that indicate immediately or in a grand prize drawing whether the player has won a prize;

             (6)      "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation or association licensed to sell alcoholic beverages for consumption upon the premises where sold;

             (7)      "Lottery" or "state lottery," any lottery operated pursuant to this chapter;

             (8)      "Lottery retailer," any person with whom the South Dakota Lottery has contracted to sell lottery tickets to the public;

             (9)      "Lottery vendor" or "vendor," any person who has entered into a major procurement contract with the South Dakota Lottery;

             (10)      "Major procurement," any contract with any vendor directly involved in providing facilities, equipment, tickets and services unique to the lottery, but not including

materials, supplies, equipment and services common to the ordinary operations of state agencies;

             (11)      "Net machine income," money put into a video lottery machine minus credits paid out in cash;

             (12)      "On-line lottery," a game linked to a central computer via a telecommunications network in which the player selects a specified group of numbers or symbols out of a predetermined range of numbers or symbols as approved by the commission;

             (13)      "South Dakota Lottery," the state agency created by this chapter to operate a lottery pursuant to this chapter;

             (14)      "Ticket," any tangible evidence issued or authorized by the South Dakota Lottery to prove participation in an instant , or on-line or video lottery game ;

             (14A)      "Video lottery," any video game of chance played on video lottery machines;

             (15)      "Video lottery machine distributor," any individual, partnership, corporation or association that distributes or sells video lottery machines or associated equipment in this state;

             (16)      "Video lottery machine manufacturer," any individual, partnership, corporation or association that assembles or produces video lottery machines or associated equipment for sale or use in this state;

             (17)      "Video lottery machine operator," any individual, partnership, corporation or association that places video lottery machines or associated equipment for public use in this state; and

             (18)      "Video lottery machines," or "machine," any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, keno and blackjack, authorized by the commission utilizing a video display and microprocessors in which, by chance, the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash or tokens .

     Section 23. That § 42-7A-4 be amended to read as follows:

     42-7A-4.   The executive director may, subject to policy established by the commission:

             (1)      Supervise and administer the operation of the state lottery in accordance with the provisions of this chapter;

             (2)      Employ all other employees of the South Dakota Lottery;

             (3)      Enter into contracts for promotional services; annuities or other methods deemed appropriate for the payment of prizes; data processing and other technical products,

equipment and services; and facilities as needed to operate the South Dakota Lottery including, without limitation, tickets and other services involved in major procurements;

             (4)      Contract with and license persons for the sale of lottery tickets and the offering of video lottery games to the public, as provided by this chapter and rules adopted pursuant thereto;

             (5)      Make demographic studies of lottery players and studies of reactions of citizens to existing and potential features of the lottery;

             (6)      Require lottery retailers and persons licensed pursuant to this chapter to furnish proof of financial stability or furnish surety in an amount based upon the expected volume of sales of lottery tickets or net machine income ;

             (7)      Provide for secure facilities to house the South Dakota Lottery;

             (8)      Provide for separate, distinct and secure data processing facilities to be used for the reliable operation of the state lottery;

             (9)      Examine, or cause to be examined by any agent or representative designated by the executive director, any books, papers, records or memoranda of any lottery retailer or person licensed pursuant to this chapter for the purpose of ascertaining compliance with any provision of this chapter or any rule adopted pursuant to this chapter;

             (10)      Issue subpoenas to compel access to or for the production of such books, papers, records or memoranda in the custody or control of any lottery retailer or person licensed pursuant to this chapter, or to compel the appearance of any of their employees, for the purpose of ascertaining compliance with any provision of this chapter or any rule adopted pursuant to this chapter;

             (11)      Administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition was in aid of a civil action in the circuit court;

             (11A)      The lottery commission shall operate a video lottery undertaken pursuant to this chapter and may not contract or assign this responsibility to any other person;

             (12)      Impose civil fines not to exceed ten thousand dollars per violation and fifteen thousand dollars for any subsequent violation of any provision of this chapter or any rule adopted pursuant to this chapter; and

             (13)      Enter into written agreements or compacts with one or more other states for the operation, marketing and promotion of a joint lottery or joint lottery games.

     Section 24. That § 42-7A-13 be amended to read as follows:
     42-7A-13.   To be selected as a lottery retailer or video lottery machine operator , a natural person acting as a sole proprietor shall:

             (1)      Be at least eighteen years of age;

             (2)      Be of good character and reputation;

             (3)      Have sufficient financial resources to support the activities required to sell lottery tickets or place and service video lottery machines ; and

             (4)      Be current in payment of all taxes, interest and penalties owed to the State of South Dakota, excluding items under formal dispute or appeal pursuant to applicable statutes.

     A lottery retailer or video lottery machine operator may not be a lottery vendor or an employee or agent of any lottery vendor doing business with the South Dakota Lottery.

     Section 25. That § 42-7A-15 be amended to read as follows:

     42-7A-15.   For a partnership to be selected as a lottery retailer or video lottery machine operator , the partnership shall meet the requirements of subdivisions 42-7A-13(3) and (4), and each partner thereof shall meet the requirements of subdivisions 42-7A-13(1) and (2) and subdivisions 42-7A-14(1) to (5), inclusive.

     Section 26. That § 42-7A-16 be amended to read as follows:

     42-7A-16.   For an association or corporation to be selected as a lottery retailer or video lottery machine operator , the association or corporation shall meet the requirements of subdivisions 42-7A-13(3) and (4), and each officer and director and each stockholder who owns five percent or more of the stock of such association or corporation shall meet the requirements of subdivisions 42-7A-13(1) and (2) and subdivisions 42-7A-14(1) to (5), inclusive.

     Section 27. That § 42-7A-21 be amended to read as follows:

     42-7A-21.   The commission shall promulgate rules pursuant to chapter 1-26 governing the establishment and operation of a state lottery as necessary to carry out the purposes of this chapter. The commission shall promulgate rules concerning the following:

             (1)      The types of ticket lottery games to be conducted as authorized pursuant to this chapter;

             (2)      The manner of selecting the winning tickets. However, if a lottery game utilizes a drawing of winning numbers, a drawing among entries, or a drawing among finalists, such drawings shall always be open to the public and shall be recorded on both video and audio tape;

             (3)      The manner of payment of prizes to the holders of winning tickets;
             (4)      The frequency of the drawings or selections of winning tickets;

             (5)      The types of locations at which tickets may be sold;

             (6)      The methods to be used in selling tickets;

             (7)      Additional qualifications for the selection of lottery retailers , video lottery machine manufacturers, distributors or operators and the amount of application fees to be paid by each;

             (8)      The amount and method of compensation to be paid to lottery retailers, including special bonuses and incentives;

             (9)      Deadlines for claims for prizes by winners of each lottery game. However, in no instance may such deadline be for more than one year; and

             (10)      The mechanical and electronic specifications for each video lottery machine. At a minimum, each video lottery machine shall meet the requirements of §   42-7A-37;
             (11)      Machine security testing and inspection procedures;

             (12)      Liability for machine malfunction;

             (13)      Machine maintenance and repair;

             (14)      Financial responsibility of persons licensed under this chapter;

             (15)      Accounting procedures for net machine income;

             (16)      Licensing procedures under this chapter; and

             (17)      Such other matters necessary or desirable for the efficient or economical operation of the lottery or for the convenience of the public.

     Section 28. That § 42-7A-24 be amended to read as follows:

     42-7A-24.   Net proceeds from the sale of instant lottery tickets shall be transferred to the state general fund on an annual basis after July first each year. The commission shall maximize the net proceeds to the state from the sale of instant and on-line lottery tickets. In no event may yearly lottery expenses for the sale of lottery tickets, excluding expenditures from retained earnings, exceed the amount of combined net proceeds transferred to the state general fund, the state corrections facility construction fund , and the state capital construction fund. Net machine income from video lottery games shall be directly deposited in the state property tax reduction fund upon receipt. Net proceeds are funds in the lottery operating fund which are not needed for the payment of prizes, lottery expenses, and total retained earnings up to one and one-half million dollars cash deemed necessary by the executive director and commission for replacement, maintenance and upgrade of business systems, product development, legal and operating contingencies of the lottery.


     Beginning in fiscal year 1997 and each year thereafter, the commission shall transfer the first one million four hundred thousand dollars from the net proceeds from the sale of on-line video lottery tickets collected pursuant to §   42-7A-24 to the general fund. The commission shall then transfer an amount equal to the remaining net proceeds from the sale of on-line lottery tickets collected pursuant to §   42-7A-24 to the state capital construction fund created in §   5-27-1.

     Section 29. That § §  35-4-103,  42-7A-37 to 42-7A-48, inclusive, 42-7A-57, 42-7A-58, 42- 7A-59, and 42-7A-61 to 42-7A-65, inclusive, be repealed.

     Section 30. The effective date of sections 7 to 20, inclusive, of this Act is July 1, 1999 to July 1, 2009, inclusive.

     Section 31. The effective date of sections 21 to 29, inclusive, of this Act is July 1, 2003.

     Section 32. Whereas, sections 3 and 4 of this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and sections 3 and 4 of this Act shall be in full force and effect from and after its passage and approval. "


     Rep. Apa rose to a point of order as to whether the amendment would require a two-thirds majority vote for adoption.

    The Speaker explained that the amendment would not require a two-thirds majority vote for adoption, but if adopted, the bill as so amended would require a two-thirds majority vote for passage.

     Rep. Koetzle moved that Rep. Derby's substitute motion to amend HB 1325 be laid on the table.

     Which motion prevailed and Rep. Derby's substitute motion to amend HB 1325 was laid on the table.

f-1325

     Rep. Cutler moved as a substitute motion that HB 1325 be amended as follows:

     On page 1 of the printed bill, after line 13, insert:

         Section 2. That § 42-7A-37.1 be amended to read as follows:

     42-7A-37.1.   A business licensed pursuant to subdivision 35-4-2 (12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1 (6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be

owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section July 1, 1998 . No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section.


     Rep. Broderick moved that Rep. Cutler's substitute motion to amend HB 1325 be laid on the table.

     Which motion prevailed and Rep. Cutler's substitute motion to amend HB 1325 was laid on the table.

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     Rep. Apa moved as a substitute motion that HB 1325 be amended as follows:

     On page 1 , after line 13 , insert:

"      Section 2. That § 42-7A-38 be amended to read as follows:

     42-7A-38.   A video lottery machine may not allow more than two dollars to be played on a game or award free games or credits in excess of the value of one hundred twenty-five dollars per credit value of twenty-five cents played. The payback value of one credit shall be at least eighty percent of the value of the credit. Each video lottery machine's average payback for each dollar played shall be posted on the machine. "



     Rep. Matthews moved that Rep. Apa's substitute motion and Rep. Moore's motion to amend HB 1325 be laid on the table.

    Rep. Moore rose to a point of order as to whether both amendments can be tabled in one motion.

    The Speaker ruled the motion to table was in order.

     Which motion prevailed and Rep. Apa's substitute motion and Rep. Moore's motion to amend HB 1325 were laid on the table.


     The question now being "Shall HB 1325 pass?"

     And the roll being called:

     Yeas 27, Nays 39, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brown (Richard); Cutler; Derby; Duenwald; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Jaspers; Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; Monroe; Peterson (Bill); Pummel; Roe; Rost; Smidt; Sperry; Van Gerpen; Wick; Speaker Hagg

     Nays were:
Barker; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Diedrich; Duniphan; Duxbury; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Richter; Schaunaman; Schrempp; Sokolow; Solum; Volesky; Waltman; Weber; Wetz; Windhorst

     Excused were:
Belatti; Fitzgerald; Hunt; Putnam

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

     HB 1179:   FOR AN ACT ENTITLED, An Act   to provide for a legislative study of a repeal of the video lottery.

     Was read the second time.

f-1179a

     Rep. Smidt moved that HB 1179 be amended as follows:

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

"      Section 1. That § 42-7A-63 be amended to read as follows:

     42-7A-63.   The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income shall be fifty fifty-five percent. The state's percentage of net machine income shall be directly deposited to the property tax reduction fund, except for five percent of the net machine income for deposit into the Hemming Oien legislative investment fund and one-half of one percent of net machine income authorized for deposit into the video lottery operating fund. The effective date of this section is July 1, 1996.

     Section 2. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:


     There is created in the state treasury the Hemming Oien legislative investment fund, into which shall be deposited five percent of the net machine income pursuant to §  42-7A-63. The Legislature shall accumulate and maintain a balance of one hundred million dollars in the fund. 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 interest and profits for an expenditure that does not occur on an annual basis. If the balance in the fund exceeds one hundred million dollars, the Legislature may also appropriate any amount over one hundred million dollars for an expenditure that does not occur on an annual basis. "

     Rep. Chicoine moved that HB 1179 and pending amendment be laid on the table.

     The Speaker ruled the motion out of order because of preliminary remarks.

     Rep. Moore moved that Rep. Smidt's pending motion to amend HB 1179 be laid on the table.

     The question being on Rep. Moore's motion that Rep. Smidt's pending motion to amend HB 1179 be laid on the table.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 39, Nays 25, Excused 4, Absent and Not Voting 2

     Yeas were:
Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Jorgensen; Kazmerzak; Kooistra; Lockner; Lucas; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Richter; Roe; Schaunaman; Solum; Volesky; Wetz; Windhorst

     Nays were:
Apa; Brown (Richard); Cutler; Duenwald; Fiegen; Gabriel; Jaspers; Konold; Koskan; Kredit; Lee; Madden; Matthews; Monroe; Peterson (Bill); Pummel; Rost; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wick; Speaker Hagg

     Excused were:
Belatti; Fitzgerald; Hunt; Putnam

     Absent and Not Voting were:
Koetzle; Van Gerpen

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Smidt's pending motion to amend HB 1179 was laid on the table.

     Rep. Kredit moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1179 pass?"

     And the roll being called:

     Yeas 46, Nays 19, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Cutler; de Hueck; Derby; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Munson (Donald); Peterson (Bill); Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Barker; Broderick; Chicoine; Davis; Diedrich; Duniphan; Hassard; Johnson (Doug); Jorgensen; Madden; McNenny; Moore; Napoli; Pederson (Gordon); Pummel; Richter; Rost; Solum; Windhorst

     Excused were:
Belatti; Fitzgerald; Hunt; Putnam

     Absent and Not Voting were:
Koetzle

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

     HB 1213:   FOR AN ACT ENTITLED, An Act   to require certain persons convicted of driving under the influence of alcohol or drugs or related crime to participate in an evaluation, education, and treatment.

     Was read the second time.

     The question being "Shall HB 1213 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 46, Excused 5, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Eccarius; Fiegen; Fischer-Clemens; Haley; Jaspers; Jorgensen; Koskan; Kredit; Matthews; Monroe; Pummel; Smidt; Solum; Van Gerpen; Volesky

     Nays were:
Apa; Barker; Broderick; Brown (Gary); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Gabriel; Gleason; Hagen; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Madden; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Derby; Fitzgerald; Hunt; Putnam

     Absent and Not Voting were:
Lucas

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

     Rep. Schaunaman now presiding.

     HB 1306:   FOR AN ACT ENTITLED, An Act   to revise reunification of a parent and child if a child has been removed from a home and to revise termination of parental rights.

     Was read the second time.

     The question being "Shall HB 1306 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Davis; Lockner

     Excused were:
Belatti; Cutler; Fitzgerald; Hunt; Putnam

     Absent and Not Voting were:
Fischer-Clemens

     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 1322:   FOR AN ACT ENTITLED, An Act   to revise certain provisions pertaining to managed care for certain injured employees under workers' compensation.

     Was read the second time.

f-1322

     Rep. Brown (Richard) moved that HB 1322 be amended as follows:

     On page 1 , line 7 of the House Judiciary committee engrossed bill , delete everything after " injured. " .

     On page 1 , delete lines 8 to 10 , inclusive .

     Which motion prevailed and HB 1322 was so amended.

     The question being "Shall HB 1322 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 6, Excused 5, Absent and Not Voting 1

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

     Nays were:
Fischer-Clemens; Haley; Koetzle; Peterson (Bill); Sokolow; Windhorst

     Excused were:
Belatti; Cutler; Fitzgerald; Hunt; Putnam

     Absent and Not Voting were:
Duniphan

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

     Rep. Windhorst moved that HB 1199 be placed to follow HB 1160 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1301:   FOR AN ACT ENTITLED, An Act   to allow first class municipalities to adopt an ordinance regulating the minimum driving age and hours a vehicle may be operated by a person who is at least fourteen years of age and less than sixteen years of age.

     Was read the second time.

x-1301

     Rep. Apa moved that HB 1301 be amended as follows:

     On page 1 , line 7 of the House Transportation committee engrossed bill , delete " first class " .

     The question being on Rep. Apa's motion that HB 1301 be amended.

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

     And the roll being called:

     Yeas 34, Nays 30, Excused 4, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Collier; Crisp; Diedrich; Duenwald; Fiegen; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; McNenny; Monroe; Putnam; Roe; Schaunaman; Sokolow; Solum; Sperry; Volesky; Waltman

     Nays were:
Barker; Brooks; Chicoine; Cutler; Davis; de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Johnson (Doug); Kazmerzak; Lockner; Madden; Matthews; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Belatti; Fitzgerald; Hunt; Van Gerpen

     Absent and Not Voting were:
Schrempp; Smidt

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1301 was so amended.

x-1301a

     Rep. Moore moved that HB 1301 be further amended as follows:

     On page 1 , line 5 of the House Transportation committee engrossed bill , after " boundaries " insert " , with a population of one hundred thousand or more, " .

     Rep. Brooks moved that HB 1301 with pending amendment be laid on the table.

     The question being on Rep. Brooks' motion that HB 1301 with pending amendment be laid on the table.

     And the roll being called:

     Yeas 57, Nays 9, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; 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; Hassard; Jaspers; Johnson (Doug); Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Weber; Wetz; Speaker Hagg

     Nays were:
de Hueck; Jorgensen; Kazmerzak; Moore; Napoli; Rost; Waltman; Wick; Windhorst

     Excused were:
Belatti; Fitzgerald; Hunt; 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 1301 and pending amendment were laid on the table.

     HB 1257:   FOR AN ACT ENTITLED, An Act   to provide for the protection of children from prenatal exposure to alcohol and drugs.

     Was read the second time.
j-1257d

     Rep. Eccarius moved that HB 1257 be amended as follows:

     On page 3 of the House Health and Human Services committee engrossed bill , delete lines 1 to 14 , inclusive .

     Which motion prevailed and HB 1257 was so amended.
j-1257e

     Rep. Windhorst moved that HB 1257 be further amended as follows:

     On page 2 , line 20 of the House Health and Human Services committee engrossed bill , delete " . "

     On page 2 , delete lines 21 to 23 , inclusive .

     On page 2 , line 24 , delete everything before " . "


     Which motion prevailed and HB 1257 was further amended.

     The question now being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 31, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Hassard; Jaspers; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Rost; Smidt; Sokolow; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Brown (Gary); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Fischer- Clemens; Gleason; Hagen; Haley; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Moore; Pederson (Gordon); Richter; Roe; Schaunaman; Schrempp; Solum; Sperry; Volesky; Waltman

     Excused were:
Belatti; Duxbury; Fitzgerald; Hunt

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


     Rep. Eccarius announced his intention to reconsider the vote by which HB 1257 was lost.

     Speaker Hagg now presiding.

     HB 1302:   FOR AN ACT ENTITLED, An Act   to request an interim study of the practice of direct entry midwifery.

     Was read the second time.

     Rep. Barker moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 29, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Fiegen; Fischer-Clemens; Gabriel; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koskan; Lee; Madden; Matthews; Monroe; Moore; Napoli; Pummel; Schrempp; Smidt; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Barker; Brooks; Brown (Gary); Cerny; Collier; Cutler; Duniphan; Eccarius; Gleason; Haley; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lockner; Lucas; McNenny; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Sokolow; Solum; Volesky; Windhorst

     Excused were:
Belatti; Duxbury; Fitzgerald; Hunt; Munson (Donald)

     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 1142   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of telecommunication companies and telecommunication services.

    Was read the second time.


o-1142c

     Rep. Gabriel moved that HB 1142 be amended as follows:

     On page 2 , line 23 of the House State Affairs committee engrossed bill , delete everything after " state " and insert " . The commission shall establish, by rules promulgated pursuant to chapter 1-26, quality of service standards. " .

     On page 2 , delete line 24 .

     On page 3 , line 6 , delete " § §  49-31-21 " and insert " § §  49-31-12 " .

     Which motion prevailed and HB 1142 was so amended.
j-1142a

     Rep. Pederson (Gordon) moved that HB 1142 be further amended as follows:

     On page 1 of the House State Affairs committee engrossed bill , delete lines 4 to 15 , inclusive .

     On page 2 , delete lines 1 to 5 , inclusive .

     On page 2 , line 12 , delete " 4 " and insert " 3 " .

     Which motion prevailed and HB 1142 was further amended.

     The question now being "Shall HB 1142 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 19, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Gabriel; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Solum; Sperry; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cerny; Collier; Davis; de Hueck; Derby; Fischer-Clemens; Gleason; Haley; Koetzle; Lee; Lockner; Lucas; Moore; Roe; Schaunaman; Schrempp; Sokolow; Volesky; Waltman

     Excused were:
Belatti; Fitzgerald; Hunt

     Absent and Not Voting were:
Van Gerpen

     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 1160:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the regulation of telecommunication companies.

     Was read the second time.

     The question being "Shall HB 1160 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Hassard; 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; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
de Hueck

     Excused were:
Belatti; Fitzgerald; Hunt

     Absent and Not Voting were:
Sperry; Van Gerpen

     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 1199:   FOR AN ACT ENTITLED, An Act   to 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.

     Was read the second time.

f-1199d

     Rep. Windhorst moved that HB 1199 be amended as follows:

     On page 1 , line 14 of the House Transportation committee engrossed bill , delete " shall " and insert " may " .

     On page 2 , line 1 , delete everything after " license " and insert " , including an encrypted social security number. ".

     On page 2 , delete line 2.

     On page 2 , line 15 , after " data " insert " , " .

     On page 2 , line 16 , delete " obtaining " and insert " such information may be encrypted on " .

    Rep. Wetz moved the previous question.

    Which motion prevailed.

    The question being on Rep. Windhorst's motion to amend HB 1199.
    
     Which motion prevailed and HB 1199 was so amended.

     Rep. Richter moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 37, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Collier; Cutler; de Hueck; Diedrich; Duenwald; Eccarius; Gabriel; Jaspers; Johnson (Doug); Kooistra; Koskan; Kredit; Lee; Madden; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill); Roe; Rost; Schrempp; Sokolow; Sperry; Waltman; Wick; Windhorst; Speaker Hagg

     Nays were:
Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; Derby; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Jorgensen; Kazmerzak; Koetzle; Konold; Lockner; Lucas; Matthews; Monroe; Pederson (Gordon); Pummel; Putnam; Richter; Schaunaman; Smidt; Solum; Van Gerpen; Volesky; Weber; Wetz

     Excused were:
Belatti; Fitzgerald; Hunt


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

     HB 1288:   FOR AN ACT ENTITLED, An Act   to increase the fee for preparing a garnishment disclosure.

     Was read the second time.

     The question being "Shall HB 1288 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Barker; 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; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Koetzle; Lucas; Moore; Napoli; Windhorst

     Excused were:
Belatti; Fitzgerald; Hunt; Schaunaman

     Absent and Not Voting were:
Solum

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

     HB 1291:   FOR AN ACT ENTITLED, An Act   to extend unemployment compensation benefits for former employees of Dakota Pork, Inc., of Huron, and of certain other businesses, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1291 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 39, Excused 4, Absent and Not Voting 1

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

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

     Excused were:
Belatti; Derby; Fitzgerald; Hunt

     Absent and Not Voting were:
Cutler

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

     HB 1305:   FOR AN ACT ENTITLED, An Act   to provide rule-making authority to the Gaming Commission to establish the number of employees required on a premises with limited card games and slot machines.

     Was read the second time.

     The question being "Shall HB 1305 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 19, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Kredit; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Solum; Van Gerpen; Wetz; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Davis; Fiegen; Hagen; Kazmerzak; Konold; Koskan; Lee; Lockner; Lucas; Monroe; Moore; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

     Excused were:
Belatti; Fitzgerald; Hunt

     Absent and Not Voting were:
Cutler; Wick

     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 1006:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to classification of property for purposes of taxation.

     Was read the second time.

     The question being "Shall HJR 1006 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 12, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Kazmerzak; Konold; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Barker; Collier; de Hueck; Johnson (Doug); Koetzle; Kooistra; Koskan; Munson (Donald); Roe; Schaunaman; Volesky; Speaker Hagg

     Excused were:
Belatti; Fitzgerald; Hunt

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

     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.

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

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

     And the roll being called:

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

     Yeas were:
Broderick; Brooks; Brown (Richard); Chicoine; Diedrich; Duenwald; Eccarius; Gabriel; Hassard; Jaspers; Jorgensen; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Pummel; Rost; Schrempp; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst

     Nays were:
Apa; Barker; Brown (Gary); Brown (Jarvis); Cerny; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schaunaman; Sokolow; Solum; Sperry; Volesky; Waltman; Speaker Hagg

     Excused were:
Belatti; Fitzgerald; Hunt

     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. Eccarius announced his intention to reconsider the vote by which HB 1257 was lost.

     Rep. Eccarius moved to reconsider the vote by which HB 1257 was lost.

     The question being on Rep. Eccarius' motion to reconsider the vote by which HB 1257 was lost.

     And the roll being called:

     Yeas 39, Nays 24, Excused 5, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brown (Gary); Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Hassard; Jaspers; Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Roe; Rost; Smidt; Solum; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Brown (Richard); Cerny; Chicoine; Collier; Cutler; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Peterson (Bill); Richter; Schaunaman; Sokolow; Sperry; Waltman


     Excused were:
Apa; Belatti; Brown (Jarvis); Fitzgerald; Hunt

     Absent and Not Voting were:
Davis; Schrempp

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1257 was up for reconsideration and final passage.

     HB 1257:   FOR AN ACT ENTITLED, An Act   to provide for the protection of children from prenatal exposure to alcohol and drugs.

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

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 37, Nays 27, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Gary); Brown (Jarvis); Chicoine; Crisp; Derby; Diedrich; Duenwald; Eccarius; Fiegen; Gabriel; Hassard; Jaspers; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Rost; Smidt; Solum; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Brown (Richard); Cerny; Collier; Cutler; Davis; de Hueck; Duniphan; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Jorgensen; Kazmerzak; Lee; Lockner; Lucas; Moore; Peterson (Bill); Richter; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Waltman

     Excused were:
Apa; Belatti; Duxbury; Fitzgerald; Hunt; Koetzle

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 21:   FOR AN ACT ENTITLED, An Act   to provide for the biennial registration of pesticides, to revise the distribution of the pesticide application fee, and to declare an emergency.

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


     SB 22:   FOR AN ACT ENTITLED, An Act   to provide for the deposit of certain moneys, held by the Board of Regents, into the school and public lands endowment to provide partial funding for the maintenance and repair needs of the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped.

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

     SB 23:   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to construct a performing arts center at South Dakota State University and to make an appropriation therefor.

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

     SB 94:   FOR AN ACT ENTITLED, An Act   to provide for the payment of tuition for students who have been assigned to another school district.

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

     SB 124:   FOR AN ACT ENTITLED, An Act   to appropriate money to the Department of School and Public Lands for repairs to dams on state-owned property.

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

     SB 147:   FOR AN ACT ENTITLED, An Act   to study the effects of gaming in South Dakota.

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

     SB 193:   FOR AN ACT ENTITLED, An Act   to exempt certain United States postage gross receipts from sales and use tax.

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

     SB 215:   FOR AN ACT ENTITLED, An Act   to revise certain provisions fixing the compensation of certain court appointed counsel and expert witnesses.

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

     SB 219:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to vested water rights claims.

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

     SB 240:   FOR AN ACT ENTITLED, An Act   to prohibit certain discharges associated with livestock operations, to establish an environmental livestock cleanup fund, and to make an appropriation therefor.

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

     SB 241:   FOR AN ACT ENTITLED, An Act   to make an appropriation for the Mickelson Scholars Program.

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

     SJR 4:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Gabriel moved that SB 57, 3, 130, 116, 30, 62, 157, 2, 70, 84, 143, 149, and 24 be deferred until Saturday, February 14th, the 25th 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 HB 1020, 1021, 1080, 1135, and 1136 were delivered to his Excellency, the Governor, for his approval at 2:25 p.m., February 13, 1998.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1024, 1059, 1074, 1083, 1098, 1127, 1158, 1177, 1178, and 1242 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

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

     HB 1059: FOR AN ACT ENTITLED, An Act  to revise certain statutes regarding residence and voting qualifications of magistrate judges.

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

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

     HB 1098: FOR AN ACT ENTITLED, An Act  to allow coroners to issue subpoenas outside their own county and to allow special death investigators to issue subpoenas.

     HB 1127: FOR AN ACT ENTITLED, An Act  to revise certain statutes pertaining to the power of municipalities to contract for planning and zoning services.

     HB 1158: FOR AN ACT ENTITLED, An Act  to revise the requirements for issuing a property tax receipt.

     HB 1177: FOR AN ACT ENTITLED, An Act  to establish the amount of county road levy that is distributed to any municipality incorporated after 1984.

     HB 1178: FOR AN ACT ENTITLED, An Act  to allow the use of absentee voting in certain township elections and to allow registered voters to file a petition requiring township candidates to file a nominating petition.

     HB 1242: FOR AN ACT ENTITLED, An Act  to specify the method of reporting the amount of certain school fund tax levies.

     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.

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

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

     And signed the same in the presence of the House.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1070 was tabled.

Respectfully,
PATRICIA ADAM, Secretary


     Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 5:59 p.m. the House adjourned.

KAREN GERDES, Chief Clerk