House Journal 02/18/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 18, 1998

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Carena Hostler.

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

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-sixth 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

February 14, 1998

The Honorable Rex Hagg
Speaker of the House of Representatives
State Capitol
Pierre, South Dakota 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1008 and VETO the same.

House Bill 1008 is An Act to revise the requirements for using an absentee ballot.

The right to vote is one of the most important rights we have. That's why any change in the methods we use to exercise that right should be closely scrutinized.

Under current law in South Dakota, the people are required to vote on one special designated day that is specified in law. The day specified depends on the type of election that is being held. This one day is vitally important because on that one day it can be assumed that all of the voters have had the same equal opportunity to receive and digest the vast amounts of information that are generated about candidates and issues in each election.

If a person votes before election day, he or she may not have all of the information available to him or her that another person would have on the election day. For that reason, South Dakota law has restricted the use of absentee ballots. South Dakotans are only allowed to vote with an absentee ballot if they meet one of several qualifying criteria.

The absentee ballot applicant must declare in his or her application that he or she will be "outside the county, state or the United States on election day," or will be unable to vote at his or her designated place of election due to "permanent and total disability, illness or temporary physical disability."

A person may also vote with an absentee ballot if he or she is unable to vote due to "the observance of a religious holiday pursuant" to the tenets of his or her religion.

Current law also allows a person to vote with an absentee ballot if the requirements of school or employment won't allow the person to vote at his or her designated place of election.

The fact that a person must state the reason for wanting an absentee ballot has the effect of encouraging voters to vote on election day. Election results show that the vast majority of people do vote on election day, which is the day that everyone has had the same opportunity for exposure to the same amounts of information about the candidates and issues on the ballot.

House Bill 1008 would remove all of the qualifying reasons for obtaining an absentee ballot. If House Bill 1008 became law, any person could request and receive an absentee ballot without stating the reason for needing one. That could cause a very large increase in the number of people who could vote as early as six weeks before election day without having the benefit of information that becomes available about candidates and issues during that six-week period.

By making absentee voting too convenient, House Bill 1008 could entice large numbers of people to vote before all the information is available about a candidate or issue.

The required action of stating a reason for requesting an absentee ballot is also a deterrent to election fraud. In Brown v. Dakota Public Service Co., 68 S.D. 169, 177, 299 N.W. 569, 573 (1941), our courts recognized that absentee voters exercise a privilege not enjoyed by election day voters. This privilege, however, opens the door to the risk of fraud and places on absentee voters the affirmative duty to comply strictly with mandatory procedures designed to discourage fraud. Larson, 262 N.W.2d at 754.

Unfortunately, if House Bill 1008 becomes law, the mandatory procedure of stating a reason that qualifies the person to use an absentee ballot will be gone. With those qualifications removed, fraud is not discouraged to the degree it is discouraged now.

By making it automatic that anyone can obtain and use an absentee ballot without giving a reason for it, House Bill 1008 penalizes those people that take the time and make the extra effort to do the most important action a citizen can take in a democracy_voting to elect the leaders who impact your life, liberty and property.

Therefore, to emphasize the importance of the right to vote, to reduce the opportunity for fraud and to ensure that voters have an excellent amount of information on which to base their voting decisions, I respectfully request that you concur with my action.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill do pass.

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

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 228 and 68 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill be amended as follows:

t-86

On page 1 , after line 14 of the printed bill , insert:

" Section 2. That § 28-13-32.9 be amended to read as follows:

28-13-32.9. A county is financially responsible only for the hospitalization expense which is beyond the person's ability to pay. A person's ability to pay is determined according to the following:

(1) Determine the household's contributions for taxes, social security, medicare, and payments to other standard retirement programs. A household's contribution for taxes is limited to the amount of taxes payable for the actual number of dependents in the household;

(2) Determine the household's expenses, including actual rent paid or scheduled principal and interest payments for a personal residence plus property taxes and homeowner's insurance costs; all utilities; child care expenses related to work schedules; grocery expenses up to the maximum allowed under the Food Stamp Program's Thrifty Food Plan as specified in ~~60 Federal Register 2,733 (January 11, 1995)~~ rules promulgated by the Department of Social Services pursuant to chapter 1-26 , plus household supplies and toiletries; basic auto expenses, gasoline, and upkeep; employee-paid health, life, and auto insurance payments; installment payments for medical bills; recurring expenses for medicine and medical care; court-ordered child support and alimony paid; automobile installment payments for one vehicle; clothing, reasonable in relation to the household's income; and installment payments, limited to necessary household items required by the household to maintain the needs of everyday living and reasonable in relation to the household's income;

(3) Determine the amount of a household's discretionary income by subtracting the sum of the household's contributions and expenses from the household's income determined according to § 28-13-32.7. Divide the amount of the household's discretionary income in half and multiply the resulting amount by forty-four dollars and ninety-six cents. The result added to the household's adjusted resources determined according to § 28-13-32.8 equals the household's ability to pay the debt and constitutes the household's share of the hospital bill. The amount of forty-four

dollars and ninety-six cents represents the amount of medical or hospital expenses which can be amortized over sixty months at twelve percent annual interest per dollar of payment.

The amount of the county's obligation is determined by subtracting the amount of the household's ability to pay from the hospital charges computed according to § 28-13-29. If the household defaults on the payment of its share of the hospital bill, a hospital may not pursue a collection action against the county for the defaulted payment. "

t-86t

On page 1 , line 1 of the printed bill , after " poverty " insert " and food stamp " .

And that as so amended said bill do pass.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill be amended as follows:

r-138

On page 2 , line 1 of the Senate Judiciary committee engrossed bill , remove the overstrikes from " ~~eighteen~~ " .

On page 2 , line 1 , delete " twenty " .

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

r-141a

On page 1 , line 6 of the Senate engrossed bill , delete " who is required to make a report or " .

On page 2 , line 1 , after " prosecution " insert " or civil action " .

On page 2 , line 2 , delete " four " and insert " three " .

R-141b

On page 1 , line 9 of the Senate engrossed bill , after " require " insert " , after notice to a parent, " .

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

j-207

On page 1 , line 7 of the printed bill , delete " all the funds are exhausted. " and insert " approved, denied, or settled. Claims for reimbursement from the subsequent injury fund must be filed by June 30, 1998. Only those claims timely filed with the division by June 30, 1998, pursuant to the requirements set forth in § 62-4-34.1 in effect prior to July 1, 1998, and completed by October 1, 1998, pursuant to the requirements set forth in § 62-4-34.4 in effect prior to July 1, 1998, shall be eligible for reimbursement from the subsequent injury fund. All claims timely filed by June 30, 1998, and completed by October 1, 1998, as set forth in this section, shall be approved or denied by the division pursuant to the requirements of § § 62-4-34 to 62-4-36.3, inclusive, in effect prior to July 1, 1998. The division shall continue to make any necessary assessments pursuant to the requirements set forth in § 62-4-35 in effect prior to July 1, 1998, until all eligible claims completed as set forth in this section that are approved by the division or determined by the court to be eligible for reimbursement are paid, and until all matters in litigation concerning the subsequent injury fund are resolved. Claims in matters being litigated concerning the subsequent injury fund are not eligible for interest or costs. Any remaining balance in the fund after all obligations of the fund have been satisfied shall be deposited in the general fund. "

On page 1 , delete lines 8 and 9 .

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 75 which was deferred to the 36th legislative day.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 151, 39, 40, and 52 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Gabriel, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1013, 1069, 1082, 1086, 1104, 1121, 1157, 1173, 1193, 1197, 1210, 1211, 1212, 1221, 1229, 1234, 1248, 1267, and 1268 which have passed the Senate without change.

Also MR. SPEAKER:

HJR 1002 was messaged to the House in error. It was amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1027 and 1195 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1005 in which the Senate has concurred.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HR 1001: 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.

     Rep. Jaspers moved that HR 1001 as found on pages 712 and 713 of the House Journal be adopted.

     The question being on Rep. Jaspers' motion that HR 1001 be adopted.

     And the roll being called:

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

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

Nays were:
Koetzle; Lockner; Sokolow

Excused were:
Apa; Barker; Cutler

Absent and Not Voting were:
Collier; Davis; Richter

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HR 1001 was adopted.

     Rep. Wetz moved that the House do concur in the Senate amendments to HB 1110.

     The question being on Rep. Wetz's motion that the House do concur in the Senate amendments to HB 1110.

     And the roll being called:

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

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; 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); 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:
de Hueck; Fiegen; Napoli; Windhorst

Excused were:
Apa; Barker; Brown (Richard); Cutler

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. Pummel moved that the House do concur in the Senate amendments to HB 1165.

     The question being on Rep. Pummel's motion that the House do concur in the Senate amendments to HB 1165.

     And the roll being called:

     Yeas 51, Nays 16, Excused 3, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Volesky; Waltman; Wetz; Wick

Nays were:
Crisp; Duenwald; Gabriel; Hassard; Jaspers; Johnson (Doug); Koskan; Madden; McNenny; Monroe; Napoli; Putnam; Van Gerpen; Weber; Windhorst; Speaker Hagg

Excused were:
Apa; Cutler; Smidt

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. Derby moved that the House do concur in the Senate amendments to HB 1324.

     The question being on Rep. Derby's motion that the House do concur in the Senate amendments to HB 1324.

     And the roll being called:

Yeas 65, Nays 2, Excused 2, 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; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; 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; Windhorst; Speaker Hagg

Nays were:
Hagen; McNenny

Excused were:
Apa; Cutler

Absent and Not Voting were:
Koetzle

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.

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

     Rep. Hunt moved to reconsider the vote by which SB 41 was lost.

     The question being on Rep. Hunt's motion to reconsider the vote by which SB 41 was lost.

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Solum; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Cerny; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Schrempp; Sokolow; Sperry; Waltman

Excused were:
Apa; Cutler

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 41 was up for reconsideration and final passage.

Rep. Hunt moved that SB 41 be deferred until Thursday, February 19th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

HCR 1015 Introduced by: Representatives Hassard and Koskan and Senators Staggers and Drake

A CONCURRENT RESOLUTION, Urging the United States Congress to enact the "American Land Sovereignty Protection Act."

WHEREAS, the United Nations has designated sixty-seven sites in the United States as "world heritage sites" or "biosphere reserves," which altogether are approximately equal in size to the State of Colorado, the eighth largest state; and

WHEREAS, Article IV, Section 3 of the United States Constitution vests in the United States Congress the power to dispose of and enact any rules or regulations governing any land belonging to the United States; and

WHEREAS, many of the designations of the United Nations include private property and contemplate "buffer zones" of adjacent land; and

WHEREAS, some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directive or authorization from Congress; and

WHEREAS, these international designations are an open invitation to the international community to interfere in domestic economies and land use decisions; and

WHEREAS, local citizens and public officials in most cases have very little input on whether the land within the vicinity of their homes is included in these international land use programs; and

WHEREAS, the President and executive branch of the United States have, by executive order and other agreements, implemented these designations without the approval of Congress; and

WHEREAS, actions of the President of the United States in applying international agreements to any land owned by the United States may circumvent Congress; and

WHEREAS, Congressman Don Young and co-sponsor Congressman John Thune have introduced House Resolution No. 901 in the 105th Congress entitled the "American Land Sovereignty Protection Act," which requires the explicit approval of Congress to designate any land owned by the United States; and

WHEREAS, the "American Land Sovereignty Protection Act" was adopted by the United States House of Representatives on October 8, 1997, and subsequently referred to the Senate Committee on Energy and Natural Resources' Subcommittee on Parks, Preservation, and Recreation:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- third Legislature of the State of South Dakota, the Senate concurring therein, that the State of South Dakota urges the passage of the "American Land Sovereignty Protection Act," reaffirming the constitutional authority of Congress to enact any rules or regulations governing any land belonging to the United States; and

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the President of the United States, the Speaker of the House of Representatives, the Majority and Minority Leaders of the United States House of Representatives and the United States Senate, and to each member of the South Dakota Congressional Delegation.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on SB 35 as found on page 709 of the House Journal; also

     Education on SB 170 as found on page 709 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. de Hueck requested that SB 109 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 118: FOR AN ACT ENTITLED, An Act to exempt service contracts from the insurance code.

Was read the second time.

     The question being "Shall SB 118 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent and Not Voting 0

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

Nays were:
Barker; Collier; Monroe

Excused were:
Apa; Cutler; 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 131: FOR AN ACT ENTITLED, An Act to clarify eligibility for ethanol production incentive payments.

Was read the second time.

The question being "Shall SB 131 pass?"

And the roll being called:

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

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

Nays were:
Barker; Collier; Richter

Excused were:
Apa; 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 148: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to employee group insurance.

Was read the second time.

     The question being "Shall SB 148 pass?"

     And the roll being called:

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

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

Excused were:
Apa; 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.

Rep. Moore requested that SB 160 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. de Hueck requested that SB 168 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Davis requested that SB 223 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Koetzle requested that SB 53 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. de Hueck requested that SB 56 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the required use of diver-down flags and mandatory motorboat distance restrictions.

Was read the second time.

The question being "Shall SB 34 pass as amended?"

And the roll being called:

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

Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; 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; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Brown (Richard); de Hueck; Monroe; Munson (Donald); Richter

Excused were:
Apa; 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.

Rep. Koskan requested that SB 156 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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

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

Rep. Gabriel moved that SB 116 be placed to follow SB 96 on today's calendar.

Which motion prevailed and the bill was so placed.

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.

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

t-30b

Rep. Gabriel moved that SB 30 be amended as follows:

On page 1 , line 8 of the Senate Agriculture & Natural Resources committee engrossed bill , after " site " insert " , or that it is used in some other manner approved by the department " .

On page 1 , line 10 , delete "or processing sites" and insert " , processing sites, or other approved uses for waste tires " .

Which motion prevailed and SB 30 was so amended.

     The question being "Shall SB 30 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0

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

Nays were:
Cutler; Duenwald; Koetzle; Koskan; Monroe; Moore; Schrempp; Sokolow

Excused were:
Apa

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.

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

The question being "Shall SB 143 pass?"

And the roll being called:

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

Yeas were:
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; 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:
Cutler; Fiegen; Koskan

Excused were:
Apa

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 115: FOR AN ACT ENTITLED, An Act revise and clarify certain provisions relating to the Health and Education Facilities Authority.

Was read the second time.

     The question being "Shall SB 115 pass as amended?"

     And the roll being called:

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

     Yeas were:
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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Collier

Excused were:
Apa

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

Speaker Pro tempore Hunt now presiding.

SB 179: FOR AN ACT ENTITLED, An Act to define those persons qualified to sign petitions for initiation or referendum of legislation.

Was read the second time.

     The question being "Shall SB 179 pass?"

     And the roll being called:

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

     Yeas were:
Broderick; Brown (Richard); Cutler; Duniphan; Eccarius; Fiegen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koskan; McNenny; Monroe; Moore; Munson (Donald); Pummel; Putnam; Richter; Roe; Schaunaman; Smidt; Speaker Hagg

Nays were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Napoli; Pederson (Gordon); Peterson (Bill); Rost; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Excused were:
Apa

Absent and Not Voting were:
Collier; Koetzle

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

SB 67: FOR AN ACT ENTITLED, An Act to prohibit any person under the age of twenty- one from operating a motor vehicle if there is alcohol present in the person's blood or after consuming marijuana or any controlled drug or substance.

Was read the second time.

f-67a

Rep. Wetz moved that SB 67 be amended as follows:

On page 2 , line 3 of the Senate Transportation committee engrossed bill , after " offense. " insert " For any offense under this section, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school. "

Which motion prevailed and SB 67 was so amended.

Rep. Duxbury moved the previous question.

Which motion prevailed.

     The question being "Shall SB 67 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 21, Excused 2, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lucas; Matthews; McNenny; Munson (Donald); Peterson (Bill); Pummel; Richter; Roe; Rost; Smidt; Solum; Sperry; Van Gerpen; Volesky; Wetz; Wick; Speaker Hagg

Nays were:
Cerny; Collier; Davis; Duenwald; Gleason; Hagen; Koetzle; Lee; Lockner; Madden; Monroe; Moore; Napoli; Pederson (Gordon); Putnam; Schaunaman; Schrempp; Sokolow; Waltman; Weber; Windhorst

Excused were:
Apa; Barker

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 140: FOR AN ACT ENTITLED, An Act to revise the maximum length of certain vehicle combinations.

Was read the second time.

The question being "Shall SB 140 pass as amended?"

And the roll being called:

Yeas 48, Nays 17, Excused 2, Absent and Not Voting 3

Yeas were:
Belatti; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Madden; McNenny; Napoli; Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Broderick; Brooks; Collier; Eccarius; Fiegen; Fischer-Clemens; Koetzle; Kooistra; Lucas; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Van Gerpen

Excused were:
Apa; Moore

Absent and Not Voting were:
Crisp; Fitzgerald; Matthews

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 171: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the design of motor vehicle license plates.

Was read the second time.

Rep. Haley moved that SB 171 be deferred until Thursday, February 19th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

SB 14: FOR AN ACT ENTITLED, An Act to restrict when a state employee may be granted leave to participate in certain disaster relief services.

Was read the second time.

Rep. Brown (Richard) moved that SB 14 be deferred until Thursday, February 19th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

SB 73: FOR AN ACT ENTITLED, An Act to provide for the challenging of nonresidents attempting to vote in municipal or school elections.

Was read the second time.

f-73

Rep. Diedrich moved that SB 73 be amended as follows:

On page 1 , line 7 of the printed bill , after " election. " insert " For the purposes of this section, a person resides in the municipality if the person actually lives in the municipality for at least thirty days each year. "

On page 1 , line 14 , after " election. " insert " For the purposes of this section, a person resides in the school district if the person actually lives in the school district for at least thirty days each year. "

Which motion prevailed and SB 73 was so amended.

     The question being "Shall SB 73 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 22, Excused 6, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cerny; Chicoine; Collier; Davis; Derby; Diedrich; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Lockner; Lucas; Monroe; Pummel; Roe; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick

Nays were:
Brown (Jarvis); Crisp; Cutler; de Hueck; Eccarius; Gabriel; Hassard; Kazmerzak; Kooistra; Koskan; Madden; Matthews; McNenny; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Richter; Schaunaman; Weber; Windhorst; Speaker Hagg

Excused were:
Apa; Koetzle; Kredit; Lee; Munson (Donald); 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.

SB 12: FOR AN ACT ENTITLED, An Act to establish a uniform procedure for creating certain special districts and electing the first board of trustees.

Was read the second time.

Rep. Jorgensen moved that SB 12 be deferred until Thursday, February 19th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

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.

t-7

Rep. Jorgensen moved that SB 7 be amended as follows:

On page 1 , line 7 of the printed bill , delete " six hundred forty " and insert " one hundred sixty " .

Which motion prevailed and SB 7 was so amended.

     The question being "Shall SB 7 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0

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

Nays were:
Brown (Jarvis); Crisp; Gabriel; Konold; Peterson (Bill)

Excused were:
Apa; Brown (Richard); Koetzle; Putnam; 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.

Speaker Hagg now presiding.

SB 154: FOR AN ACT ENTITLED, An Act to adopt and amend certain provisions of the Uniform Commercial Code relating to investment securities, including substantive amendments to Article 9 of the Uniform Commercial Code.

Was read the second time.

     The question being "Shall SB 154 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 5, Excused 6, Absent and Not Voting 0

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

Nays were:
Fiegen; Koskan; Monroe; Napoli; Sokolow

Excused were:
Apa; Koetzle; Pederson (Gordon); Putnam; Van Gerpen; 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 54: FOR AN ACT ENTITLED, An Act to revise the definition of real estate salesperson.

Was read the second time.

o-54

Rep. Konold moved that SB 54 be amended as follows:

On page 1 , line 7 of the House Judiciary committee engrossed bill , after " improvements, " insert " or any business opportunity or business, or its goodwill, inventory, or fixtures, or any interest therein, " .

Which motion prevailed and SB 54 was so amended.

     The question being "Shall SB 54 pass as amended?"

     And the roll being called:

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

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

Nays were:
Barker; Broderick; Brooks; Collier; de Hueck; Derby; Eccarius; Gabriel; Hunt; Napoli; Richter; Rost; Sokolow; Wetz; Speaker Hagg

Excused were:
Apa; 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 96 : FOR AN ACT ENTITLED, An Act to prohibit assaults by any person held in a county or municipal jail or a juvenile detention facility.

Was read the second time.

x-96a

Rep. Koskan moved that SB 96 be amended as follows:

On page 1 , line 10 of the House Judiciary committee engrossed bill , delete " Class 1 " and insert " Class 2 " .

The question being on Rep. Koskan's motion that SB 96 be amended.

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

     And the roll being called:

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

     Yeas were:
Barker; Belatti; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Diedrich; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Munson (Donald); Peterson (Bill); Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Broderick; Brooks; Brown (Gary); Brown (Richard); de Hueck; Derby; Duniphan; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Konold; Madden; Matthews; Napoli; Pederson (Gordon); Pummel; Richter; Roe; Rost; Smidt; Solum; Speaker Hagg

Excused were:
Apa; Putnam

Absent and Not Voting were:
Cutler

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 96 was so amended.

     The question being "Shall SB 96 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 7, Excused 2, Absent and Not Voting 3

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

Nays were:
Collier; Hagen; Haley; Lucas; Schrempp; Sokolow; Waltman

Excused were:
Apa; Putnam

Absent and Not Voting were:
Cutler; Madden; 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 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.

j-116

Rep. Hunt moved that SB 116 be amended as follows:

On page 1 , line 15 of the printed bill , after " Any " insert " manufactured home or mobile home located on an " .

On page 1 , line 15 , delete " and " and insert " . Any auxiliary lot " .

Which motion prevailed and SB 116 was so amended.

     The question being "Shall SB 116 pass as amended?"

     And the roll being called:

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

     Yeas were:
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; Koetzle; Konold; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Hagen; Kazmerzak; Kooistra

Excused were:
Apa; Lockner; Putnam; 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.

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other financial instruments.

Was read the second time.

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

     And the roll being called:

     Yeas 63, Nays 0, Excused 6, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; 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; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Apa; Brown (Jarvis); Lockner; McNenny; Putnam; Smidt

Absent and Not Voting were:
de Hueck

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.

Rep. Gabriel moved that SB 82, 163, 173, 183, and 80 be deferred until Thursday, February 19th, the 28th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1013, 1069, 1082, 1086, 1104, 1110, 1121, 1157, 1165, 1173, 1193, 1197, 1210, 1211, 1212, 1221, 1229, 1234, 1248, 1267, 1268, and 1324 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1050, 1088, 1102, 1108, 1120, 1126, 1131, 1155, 1166, 1232, 1235, 1249, and 1277 were delivered to his Excellency, the Governor, for his approval at 8:25 a.m., February 18, 1998.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

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

     HB 1069: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of agricultural land and to declare an emergency.

     HB 1082: FOR AN ACT ENTITLED, An Act to revise the permissible number of county commissioners.

     HB 1086: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court- ordered temporary custody of a child.

     HB 1104: FOR AN ACT ENTITLED, An Act to exempt certain contracting school districts from certain taxation requirements.

     HB 1110: FOR AN ACT ENTITLED, An Act to authorize increased fees to be charged by certain Department of Game, Fish and Parks license agents.

     HB 1121: FOR AN ACT ENTITLED, An Act to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

     HB 1157: FOR AN ACT ENTITLED, An Act to allow aldermanic municipalities to set the term of office by ordinance.

     HB 1165: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Uniform Building Code.

     HB 1173: FOR AN ACT ENTITLED, An Act to revise the procedures to confirm a change of designated telecommunications companies.

     HB 1193: FOR AN ACT ENTITLED, An Act to require that certain information be disclosed on the sex offender registry.

     HB 1197: FOR AN ACT ENTITLED, An Act to increase the penalties for drug distribution and storage and for possession of drugs and drug paraphernalia.

     HB 1210: FOR AN ACT ENTITLED, An Act to provide for the forfeiture of security for failure to comply with the provisions of § 23A-43-4.2.

     HB 1211: FOR AN ACT ENTITLED, An Act to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

     HB 1212: FOR AN ACT ENTITLED, An Act to increase the salary of legislators.

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

     HB 1229: FOR AN ACT ENTITLED, An Act to decrease the petroleum release compensation and tank inspection fee and to revise the distribution of revenue from the petroleum release compensation and tank inspection fee and from the capital construction fund.

     HB 1234: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to confidentiality of certain medical committees.

     HB 1248: FOR AN ACT ENTITLED, An Act to authorize off-sale alcoholic beverage licensees to provide free samples of malt beverages and distilled spirits.

     HB 1267: FOR AN ACT ENTITLED, An Act to provide for scholarships for certain persons receiving workers' compensation benefits.

     HB 1268: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to water development districts.

     HB 1324: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disposal of certain abandoned vehicles and certain impounded vehicles.

     And signed the same in the presence of the House.

COMMEMORATIONS

HC 1004 Introduced by: Representative Broderick

A LEGISLATIVE COMMEMORATION, Recognizing Elisha Evans as a 1998 recipient of the Prudential Spirit of Community Award.

WHEREAS, Elisha Evans, an esteemed resident of North Sioux City, South Dakota, and a student at Dakota Valley High School, has achieved recognition for exemplary volunteer service; and

WHEREAS, this prestigious award, presented by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Elisha Evans earned this award by giving generously of her time and energy as an educational assistant for first graders in her school district:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that Elisha Evans be congratulated as a recipient of a Prudential Spirit of Community Award in recognition of her outstanding record of public service.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 4:53 p.m. the House adjourned.

KAREN GERDES, Chief Clerk