JOURNAL OF THE HOUSE

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TWENTY-SIXTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 17, 1998

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Lyndsay Dudgeon.

     Roll Call: All members present.

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-fifth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

REX HAGG, Chair

     Which motion prevailed and the report was adopted.

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    The oath of office was administered by Speaker Hagg to the following named pages: Tiffany Anderson, Laura Blom, Joseph Brown, Nicholas DeJong, Lyndsay Dudgeon, Carena Hostler, Sarah Kayl, Jessica Karinen, Erica Marske, Kayleen Palmer, Sandi Vanderhule, and Katrina Wetz.

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

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1077, 1204, 1209, and 1239, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration SB 82 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration SB 109, 118, 131, 148, 160, 168, 223, 53, and 56 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration SB 91 which was reconsidered and tabled.

Respectfully submitted,
Steve Cutler, Chair

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Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

t-35

     On page 1 , line 8 of the printed bill , before " and " insert " skunks, badgers, racoons, " .

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration SB 163, 173, 183, and 80 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration SB 170 and returns the same with the recommendation that said bill be amended as follows:

c-170b

     On page 1 , line 6 of the Senate engrossed bill , after " chapter 13-55E " insert " or a college savings program " .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration SB 152 which was deferred to the 36th legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

MR. SPEAKER:

    I have the honor to return herewith HB 1026, 1089, 1093, 1122, 1174, 1233, 1284, and 1292 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1004 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1110, 1165, and 1324 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

     Rep. Cutler now presiding.

     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1101.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1101.

     And the roll being called:

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     Yeas 67, Nays 0, Excused 0, Absent and Not Voting 3

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

     Absent and Not Voting were:
Diedrich; Koskan; Roe

     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.

     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1112.
    
    
    Rep. Hagg moved as a substitute motion that the House do not concur in Senate amendments to HB 1112 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

     Which motion lost.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1112.

     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent and Not Voting 0

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

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     Nays were:
Crisp; de Hueck; Eccarius; Fitzgerald; Hassard; Konold; Kredit; McNenny; Munson (Donald); Smidt; Volesky; Speaker Hagg

     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 4:   A CONCURRENT RESOLUTION,   Requesting the United States Congress and certain federal agencies to require reflectors on interstate railroad cars.

     Rep. Weber moved that SCR 4 as found on page 328 of the Senate Journal be concurred in.

     The question being on Rep. Weber's motion that SCR 4 be concurred in.

     And the roll being called:

     Yeas 60, Nays 9, Excused 0, Absent and Not Voting 1

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

     Nays were:
Apa; Barker; Broderick; Fiegen; Koskan; Matthews; Monroe; Pederson (Gordon); Schaunaman

     Absent and Not Voting were:
McNenny

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

     HR 1001   Introduced by:  Representatives Jaspers, Brown (Richard), Cutler, Derby, Diedrich, Eccarius, Hagg, Richter, Schaunaman, Smidt, and Van Gerpen

A RESOLUTION,  Proposing that the Honorable John Thune, member of the United States House of Representatives, be made an honorary member of the House of Representatives of the Seventy-third Session of the South Dakota Legislature on the eighteenth day of February 1998.

     WHEREAS,  John Thune, has earned his legislative experience in Washington D.C. and has sharpened his basketball skills on the Potomac; and

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     WHEREAS,  John Thune is known from Pierre to Washington D.C. for his great athletic ability, and the South Dakota House of Representatives wishes to see his moves on the basketball court in his home State of South Dakota; and

     WHEREAS,  the House of Representatives' team coach, Representative Dick Brown, has grave concern about the hired mercenaries playing for the Senate team and recognizes the need for real athletic talent; and

     WHEREAS,  the premier entertainment event of the 1998 South Dakota Legislative Session is the basketball contest known as the Liberty Ball; and

     WHEREAS,  this is the first Liberty Ball basketball game sponsored by the Kids Voting South Dakota Program and the game is a fund raiser benefitting our youth:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- third Legislature of the State of South Dakota, that John Thune is hereby deemed an honorary member of the South Dakota House of Representatives for the eighteenth day of February 1998, and that the House of Representatives requests Mr. Thune to bring his sweats and shoes and be ready to play ball.

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

    Speaker Pro tempore Hunt now presiding.

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

     Judiciary on SB 154 as found on page 688 of the House Journal; also

     Judiciary on SB 54 as found on page 689 of the House Journal; also

     Judiciary on SB 96 as found on page 689 of the House Journal; also

     State Affairs on SJR 2 as found on page 690 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     SB 197:   FOR AN ACT ENTITLED, An Act   to provide for the means of changing the venue in postjudgment divorce, paternity, and separate maintenance actions.

     Was read the second time.

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     The question being "Shall SB 197 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 0, Absent and Not Voting 1

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

     Nays were:
Rost

     Absent and Not Voting were:
Davis

     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. Wetz moved that SB 14, 73, and 12 be placed to follow SB 171 on today's calendar.

     Which motion prevailed and the bills were so placed.

     SB 7:   FOR AN ACT ENTITLED, An Act   to revise certain provisions pertaining to the sale of small tracts of public land.

     Was read the second time.

     Rep. Jorgensen moved that SB 7 be placed to follow SB 12 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 72:   FOR AN ACT ENTITLED, An Act   to establish certain continuing education requirements for veterinary technicians.

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

f-72

     Rep. Pummel moved that SB 72 be amended as follows:

     On page 1 , line 8 of the printed bill , delete " annual " .

     On page 1 , line 10 , delete " annually " .

     Which motion prevailed and SB 72 was so amended.

     The question being "Shall SB 72 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 29, Excused 1, Absent and Not Voting 2

     Yeas were:
Barker; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Hunt; Jaspers; Jorgensen; Koetzle; Konold; Kooistra; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schrempp; Smidt; Solum; Wetz; Speaker Hagg

     Nays were:
Apa; Belatti; Broderick; Cerny; Crisp; Cutler; Duenwald; Gabriel; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Koskan; Kredit; Lee; Monroe; Moore; Napoli; Richter; Schaunaman; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst

     Excused were:
Gleason

     Absent and Not Voting were:
Collier; Putnam

     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 60:   FOR AN ACT ENTITLED, An Act   to revise the administrative rule process to reduce the number of document copies an agency must file when incorporating outside materials into administrative rules.

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

j-60

     Rep. de Hueck moved that SB 60 be amended as follows:

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     On page 1 , line 14 of the printed bill , remove the overstrikes from " a copy of any publication described in §  1-26-6.6, " .

     On page 1 , line 15 , after " §  1-26-4.1. " insert " Any publication described in §  1-26-6.6 shall be returned to the agency upon completion of the director's review and retained by the agency. "

     On page 4 , after line 11 , insert:

"      Section 3. That § 1-26-5 be amended to read as follows:

     1-26-5.   Notice of adoption of emergency rule. Prior to the adoption or amendment of an emergency rule, an agency shall publish a notice of intent to adopt an emergency rule in the manner prescribed in §   1-26-4.1 and shall serve on the person specified by subdivision 1-26-4 (1), each member of the interim rules review committee and the director:

             (1)      A copy of the proposed rule, which shall bear a special number to distinguish it from a permanent rule;

             (2)      Any publication described in §   1-26-6.6 which shall be returned to the agency upon completion of the director's review and retained by the agency ; and

             (3)      A statement, with the reasons therefor, that the emergency procedure is necessary because of imminent peril to the public health, safety , or welfare, is necessary to prevent substantial financial loss to state government, or is necessary because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interests of the state or its residents. "

     Which motion prevailed and SB 60 was so amended.

     The question being "Shall SB 60 pass as amended?"

     And the roll being called:

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

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

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     Nays were:
Volesky

     Excused were:
Schaunaman

     Absent and Not Voting were:
Collier

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

     SB 116:   FOR AN ACT ENTITLED, An Act   to authorize dealers of manufactured homes and mobile homes to operate certain auxiliary lots.

     Was read the second time.

     Rep. Wetz moved that SB 116 be deferred until Wednesday, February 18, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 30:   FOR AN ACT ENTITLED, An Act   to provide for the proper disposal of waste tires and to provide for penalties for any violation thereof.

     Was read the second time.

     Rep. Crisp moved that SB 30 be deferred until Wednesday, February 18th, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 31:   FOR AN ACT ENTITLED, An Act   to provide rule-making authority to the Department of Environment and Natural Resources to carry out the requirements of the federal Safe Drinking Water Act amendments of 1996.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

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     Yeas 60, Nays 10, Excused 0, Absent and Not Voting 0

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

     Nays were:
Apa; Crisp; de Hueck; Hassard; Koskan; Madden; Monroe; Napoli; Volesky; Windhorst

     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 62:   FOR AN ACT ENTITLED, An Act   to establish the suspension periods for certain violations of traffic laws and for fraudulently using a driver license or nondriver identification card.

     Was read the second time.

o-62

     Rep. Pederson (Gordon) moved that SB 62 be amended as follows:

     On page 2 , line 17 of the printed bill , delete " possession or " .

     Which motion prevailed and SB 62 was so amended.

     The question being "Shall SB 62 pass as amended?"

     And the roll being called:

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

     Yeas were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

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     Nays were:
Apa; Broderick; Fiegen; Johnson (Doug); Koskan; McNenny; Moore; Napoli; Van Gerpen; Volesky

     Absent and Not Voting were:
de Hueck; Gleason

     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 157:   FOR AN ACT ENTITLED, An Act   to define and tax cider as an alcoholic beverage.

     Was read the second time.

     The question being "Shall SB 157 pass?"

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent and Not Voting 0

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

     Nays were:
de Hueck; Fiegen; Hassard; Hunt; Koskan; Matthews; Rost; Smidt; Volesky; Wick

     Excused were:
Cutler

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

     SB 2:   FOR AN ACT ENTITLED, An Act   to provide a procedure for assessing flooded land for taxation purposes.

     Was read the second time.

     The question being "Shall SB 2 pass as amended?"

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     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

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

     Excused were:
Cutler

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

     SB 70:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the median level of assessment for property tax purposes.

     Was read the second time.

     Rep. Madden moved that SB 70 be deferred until Thursday, February 19th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

f-84

     Rep. Broderick moved that SB 84 be amended as follows:

     On page 1 , line 7 of the Senate State Affairs committee engrossed bill , delete " any actual costs " and insert " all reasonable and necessary costs and expenses " .

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     On page 1 , line 8 , after " chapter " insert " to the extent that such costs and expenses are not otherwise reimbursed " .

     Which motion prevailed and SB 84 was so amended.

     The question being "Shall SB 84 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Brooks; Cerny; Haley; Koetzle; Lucas; Monroe; Napoli; Volesky

     Excused were:
Diedrich; Windhorst

     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 143:   FOR AN ACT ENTITLED, An Act   to exempt individuals participating in the vocational rehabilitation program from the twelve-month residency requirement for tuition and fee purposes.

     Was read the second time.

     Rep. Van Gerpen moved that SB 143 be deferred until Wednesday, February 18th, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 149:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the formation of school districts and contractual agreements among school districts.

     Was read the second time.

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     The question being "Shall SB 149 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 11, Excused 1, Absent and Not Voting 2

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

     Nays were:
Apa; Duenwald; Eccarius; Jaspers; Kazmerzak; Koskan; Lee; Napoli; Van Gerpen; Volesky; Waltman

     Excused were:
Diedrich

     Absent and Not Voting were:
Koetzle; Schrempp

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

     SB 24:   FOR AN ACT ENTITLED, An Act   to change the name of the South Dakota School for the Visually Handicapped to the South Dakota School for the Blind and the Visually Impaired.

     Was read the second time.

     The question being "Shall SB 24 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Kazmerzak; Sokolow

     Excused were:
Diedrich; Duenwald

     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.

     SB 103:   FOR AN ACT ENTITLED, An Act   to revise the procedure for the valuation of agricultural land.

     Was read the second time.

     Rep. Gabriel moved that SB 103 be deferred until Thursday, February 19th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 111:   FOR AN ACT ENTITLED, An Act   to permit a political subdivision to loan all or any portion of a fund to another fund under certain conditions.

     Was read the second time.

j-111a

     Rep. Brooks moved that SB 111 be amended as follows:

     On page 1 , line 8 of the House Education committee engrossed bill , delete " transfer " and insert " repayment " .

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     Which motion prevailed and SB 111 was so amended.

x-111

     Rep. Lucas moved that SB 111 be further amended as follows:

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

     Which motion prevailed and SB 111 was so amended.

     Rep. Moore moved that SB 111 be amended as follows:

    In Rep. Lucas's amendment, delete "five" and insert "one".

    On page 1, line 5 of the House Education committee engrossed bill, delete "years" and insert "year".

    
    Rep. Apa moved that SB 111 and pending amendment be laid on the table.

     The question being on Rep. Apa's motion that SB 111 and pending amendment be laid on the table.

     And the roll being called:

     Yeas 28, Nays 42, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Cutler; de Hueck; Derby; Diedrich; Duenwald; Eccarius; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Koskan; Kredit; Madden; McNenny; Napoli; Pederson (Gordon); Putnam; Roe; Smidt; Sokolow; Van Gerpen; Wetz; Wick; Windhorst

     Nays were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Schrempp; Solum; Sperry; Volesky; Waltman; Weber; Speaker Hagg

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

     Rep. Davis moved that SB 111 and pending amendment be placed to follow SB 7 on today's calendar.

     Which motion lost.

---

    The question being on Rep. Moore's motion to amend Rep. Lucas' amendment.     
    Which motion prevailed and SB 111 was so amended.

    Rep. Richter moved the previous question.

     Which motion prevailed.

     The question now being "Shall SB 111 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 23, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Apa; Broderick; Cutler; Derby; Diedrich; Duenwald; Eccarius; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Konold; Koskan; Madden; McNenny; Napoli; Pederson (Gordon); Putnam; Roe; Wetz; 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.

     SB 238:   FOR AN ACT ENTITLED, An Act   to make an appropriation to fund tax refunds for elderly and disabled persons.

     Was read the second time.

     The question being "Shall SB 238 pass?"

     And the roll being called:

---

     Yeas 66, Nays 2, Excused 0, Absent and Not Voting 2

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

     Nays were:
Eccarius; Gabriel

     Absent and Not Voting were:
Cutler; Schaunaman

     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.

     Speaker Hagg now presiding.

     SB 32:   FOR AN ACT ENTITLED, An Act   to authorize expenditures out of the water and environment fund and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 32 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; 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

     Absent and Not Voting were:
Hagen

---

     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 36   :   FOR AN ACT ENTITLED, An Act   to revise the crime of indecent exposure.

     Was read the second time.

    Rep. Sokolow requested a fiscal note on SB 36.

     Which request was supported.

     SB 38:   FOR AN ACT ENTITLED, An Act   to increase the liquidated costs imposed for law enforcement training.

     Was read the second time.

     The question being "Shall SB 38 pass?"

     And the roll being called:

     Yeas 56, Nays 6, Excused 2, Absent and Not Voting 6

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

     Nays were:
Haley; Koetzle; Lucas; Napoli; Schaunaman; Waltman

     Excused were:
Duenwald; Van Gerpen

     Absent and Not Voting were:
Gabriel; Hagen; Koskan; Lockner; Pederson (Gordon); Schrempp

     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 41   :   FOR AN ACT ENTITLED, An Act   to allow certain adjudicated children to be placed in the juvenile prison or the state training school.

    Was read the second time.

---

    Rep. Monroe moved the previous question.

    Which motion prevailed.
    
    The question being "Shall SB 41 pass?"

     And the roll being called:

     Yeas 34, Nays 32, Excused 1, Absent and Not Voting 3

     Yeas were:
Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Derby; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Johnson (Doug); Konold; Koskan; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Richter; Rost; Solum; Wetz; Wick; Speaker Hagg

     Nays were:
Apa; Barker; Broderick; Chicoine; Collier; Davis; de Hueck; Duxbury; Fiegen; Fischer- Clemens; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Kooistra; Kredit; Lee; Lockner; Lucas; Napoli; Peterson (Bill); Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst

     Excused were:
Diedrich

     Absent and Not Voting were:
Cutler; Koetzle; Smidt

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

     Rep. Hunt announced his intention to reconsider the vote by which SB 41 was lost.

     SB 88:   FOR AN ACT ENTITLED, An Act   to revise certain statutes relating to controlled firearms by including antique firearms.

     Was read the second time.

     The question being "Shall SB 88 pass?"

     And the roll being called:

---

     Yeas 46, Nays 18, Excused 2, Absent and Not Voting 4

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Chicoine; Crisp; Davis; de Hueck; Derby; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Haley; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Sokolow; Solum; Sperry; Van Gerpen; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Brown (Jarvis); Cerny; Duenwald; Duxbury; Gleason; Hagen; Hassard; Johnson (Doug); Kooistra; Lee; McNenny; Monroe; Moore; Napoli; Schaunaman; Schrempp; Waltman; Windhorst

     Excused were:
Diedrich; Volesky

     Absent and Not Voting were:
Collier; Cutler; Fischer-Clemens; Smidt

     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 37   :   FOR AN ACT ENTITLED, An Act   to provide a penalty for failing to annually register as a sex offender.

    Was read the second time.

     The question being "Shall SB 37 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Duxbury

---

     Excused were:
Cutler; Diedrich; Wetz

     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 26:   FOR AN ACT ENTITLED, An Act   to revise certain statutes regarding the operation and administration of crematories.

     Was read the second time.

     The question being "Shall SB 26 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 17, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Jarvis); Brown (Richard); Chicoine; Cutler; Davis; de Hueck; Derby; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Speaker Hagg

     Nays were:
Brooks; Brown (Gary); Cerny; Crisp; Duniphan; Fitzgerald; Hagen; Hassard; Hunt; Johnson (Doug); Koskan; Monroe; Napoli; Richter; Wetz; Wick; Windhorst

     Excused were:
Diedrich; Duenwald; Putnam; Schaunaman

     Absent and Not Voting were:
Collier

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

     SB 104:   FOR AN ACT ENTITLED, An Act   to specify certain duties and the authority of persons assigned by law enforcement agencies to investigate traffic accidents.

     Was read the second time.

     The question being "Shall SB 104 pass?"

     And the roll being called:

---

     Yeas 60, Nays 7, Excused 3, Absent and Not Voting 0

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

     Nays were:
Johnson (Doug); Koetzle; Koskan; Monroe; Napoli; Sokolow; Waltman

     Excused were:
Duenwald; Putnam; Schaunaman

     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 132:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the perfecting of liens created by unpaid child support.

     Was read the second time.

     The question being "Shall SB 132 pass?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent and Not Voting 0

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

     Nays were:
de Hueck; Hagen; Hunt; Koskan; Wetz

     Excused were:
Brooks; Diedrich; Putnam

---

     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 133:   FOR AN ACT ENTITLED, An Act   to provide for felony enhancement for third offense simple assault.

     Was read the second time.

     The question being "Shall SB 133 pass?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent and Not Voting 0

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

     Nays were:
Barker; Collier; Koetzle; Schrempp; Waltman

     Excused were:
Diedrich; Putnam

     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 150:   FOR AN ACT ENTITLED, An Act   to adopt and amend certain provisions of the Uniform Commercial Code relating to letters of credit.

     Was read the second time.

     The question being "Shall SB 150 pass?"

     And the roll being called:

---

     Yeas 55, Nays 13, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Koetzle; Konold; Kooistra; Kredit; Lee; 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:
Apa; Cutler; Duenwald; Gabriel; Hassard; Jaspers; Jorgensen; Kazmerzak; Koskan; Monroe; Napoli; Sokolow; Windhorst

     Excused were:
Diedrich

     Absent and Not Voting were:
Johnson (Doug)

     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. Gabriel moved that SB 115, 179, 67, 140, 171, 14, 73, 12, and 7 be deferred until Wednesday, February 18th, the 27th legislative day.

     Which motion prevailed and the bills were so deferred.

MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1285 was tabled.

Respectfully,
PATRICIA ADAM, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1024, 1059, 1074, 1083, 1098, 1127, 1158, 1177, 1178 and 1242 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 17, 1998.

---

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1026, 1089, 1093, 1101, 1112, 1122, 1174, 1233, 1284, and 1292 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

     The Speaker publicly read the title to

     HB 1026: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding crime victims' compensation.

     HB 1089: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the killing or taking of elk and turkey which are damaging property.

     HB 1093: FOR AN ACT ENTITLED, An Act  to increase the amount of property exempt from process and to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.

     HB 1101: FOR AN ACT ENTITLED, An Act  to establish certain prima facie evidence that an account holder executed a check.

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

     HB 1122: FOR AN ACT ENTITLED, An Act  to affirm the right of family members to assist in certain births.

     HB 1174: FOR AN ACT ENTITLED, An Act  to revise certain solid waste reduction goals and landfill bans.

     HB 1233: FOR AN ACT ENTITLED, An Act  to repeal certain provisions regarding the classification of agricultural land.

     HB 1284: FOR AN ACT ENTITLED, An Act  to revise the factors used in determining the value of agricultural land.

     HB 1292: FOR AN ACT ENTITLED, An Act  to classify certain land as nonagricultural acreage and revise the tax levy for the general fund purposes of a school district.

     SB 3: FOR AN ACT ENTITLED, An Act  to clarify the employment status of certain election workers.

---

     SB 6: FOR AN ACT ENTITLED, An Act  to specifically exempt lake sediment from certain state mineral lease provisions.

     SB 8: FOR AN ACT ENTITLED, An Act  to revise the procedure for the renewal of certain school and public lands leases.

     SB 9: FOR AN ACT ENTITLED, An Act  to repeal certain restrictions on agricultural leases of school and public lands.

     SB 10: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the annual sale of state school and endowment lands.

     SB 15: FOR AN ACT ENTITLED, An Act  to revise the restrictions on donation of leave by state employees.

     SB 17: FOR AN ACT ENTITLED, An Act  to provide for a procedure for transferring certain funds from the pooled income account of the investment council to the permanent school fund.

     SB 18: FOR AN ACT ENTITLED, An Act  to provide that any child placed in the Human Services Center is in the guardianship of the secretary of the Department of Human Services.

     SB 25: FOR AN ACT ENTITLED, An Act  to codify the legislation passed in 1997.

     SB 27: FOR AN ACT ENTITLED, An Act  to repeal certain provisions regarding medication aides.

     SB 42: FOR AN ACT ENTITLED, An Act  to clarify the disposition of certain funds collected from inmates.

     SB 57: FOR AN ACT ENTITLED, An Act  to revise certain restrictions of activities of real estate licensees.

     SB 76: FOR AN ACT ENTITLED, An Act  to establish the last Friday in April as Arbor Day.

     SB 130: FOR AN ACT ENTITLED, An Act  to provide for the regulation of certain motor carriers.

     SB 198: FOR AN ACT ENTITLED, An Act  to provide for the establishment of certain rights and privileges with regard to mediation proceedings.

     And signed the same in the presence of the House.

     Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 5:22 p.m. the House adjourned.