House Journal 02/20/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 20, 1998

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

     The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge of Allegiance led by House page Erica Marske.

     Roll Call: All members present except Reps. Fiegen and Sperry who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 177 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 110 and returns the same with the recommendation that said bill be amended as follows:

On page 12 , line 2 of the printed bill , after " ; " delete " and " .

On page 12 , line 4 , delete " . " and insert " ; and

(6) To disclose to the customer all adverse material facts known by the licensee. "

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

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

" Section 1. That chapter 35-10 be amended by adding thereto a NEW SECTION to read as follows:

Any person who keeps, maintains, or uses any structure, conveyance, or place where alcoholic beverages are manufactured, sold, kept, bartered, given away, found, consumed, or used in violation of the laws of the state, relating to alcoholic beverages, whether through a course of conduct or by a single incident, is guilty of a Class 1 misdemeanor. "

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for a penalty for certain conduct with regard to alcoholic beverages. "

On page 1 , delete line 2 .

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

On page 1 , line 14 of the Senate State Affairs committee engrossed bill , delete " : " and insert " evidence " .

On page 1 , line 15 , delete " (1) Evidence " .

On page 2 , line 1 , delete " ; or " and insert " . "

On page 2 , delete line 2 .

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 85 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 233 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 12 of the Senate State Affairs committee engrossed bill , delete " one hundred " and insert " twenty " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

On the Senate State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

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

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

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

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

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

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

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

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

On the previously adopted amendment, in the last sentence of the first section, delete " driver's license " and insert " social security " .

On page 1 , line 1 of the Senate State Affairs committee engrossed bill , delete everything after " to " and insert " limit the information that may be contained on a driver's license. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1011 and tables the same.

Respectfully submitted,
Larry Gabriel, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 210 and 241 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

On page 3 , line 2 of the Senate engrossed bill , delete " between " and insert " among " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. There is hereby appropriated up to eight hundred thirty-five thousand dollars ($835,000) of other fund expenditure authority to the Board of Regents to allow expenditure of moneys held pursuant to § 13-49-14.2 for maintenance and repair needs at the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped.

Section 2. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act. "

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " appropriate money " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1014 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1025, 1051, 1115, 1186, 1188, 1253, 1279, 1286, 1299, 1305, 1328, and HJR 1006 which have passed the Senate without change.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Duenwald moved that the House do concur in the Senate amendments to HB 1010.

     The question being on Rep. Duenwald's motion that the House do concur in the Senate amendments to HB 1010.

     And the roll being called:

     Yeas 59, Nays 2, Excused 4, Absent and Not Voting 5

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

Nays were:
Napoli; Van Gerpen

Excused were:
Fiegen; Hassard; Lee; Sperry

Absent and Not Voting were:
Crisp; Cutler; Jorgensen; Roe; Wick

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Brooks moved that the House do concur in the Senate amendments to HB 1029.

     The question being on Rep. Brooks' motion that the House do concur in the Senate amendments to HB 1029.

     And the roll being called:

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

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

Nays were:
Apa; Belatti; Hassard; Napoli; Windhorst

Excused were:
Fiegen; Lee; Sperry

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Kredit moved that the House do not concur in Senate amendments to HB 1067 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 difference between the two houses.

Which motion prevailed.

Speaker Pro tempore Hunt now presiding.

     Rep. Hagg moved that the House do concur in the Senate amendments to HB 1206.

     The question being on Rep. Hagg's motion that the House do concur in the Senate amendments to HB 1206.

     And the roll being called:

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

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

Nays were:
Hassard; Windhorst

Excused were:
Fiegen; Lee; Sperry

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. Fitzgerald moved that the House do concur in the Senate amendments to HB 1252.

     The question being on Rep. Fitzgerald's motion that the House do concur in the Senate amendments to HB 1252.

     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; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Hagen; Haley; Lockner; Moore; Napoli; Richter; Sokolow

Excused were:
Fiegen; Lee; Sperry

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. Collier moved that concurrence in Senate amendments to HB 1270 be deferred until Monday, February 23rd, the 30th legislative day.

Which motion prevailed and the concurrence in Senate amendments to HB 1270 was so deferred.

     Rep. Lucas moved that the House do concur in the Senate amendments to HB 1281.

     The question being on Rep. Lucas' motion that the House do concur in the Senate amendments to HB 1281.

     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; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Hassard

Excused were:
Fiegen; Lee; Sperry

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

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

     Rep. Putnam moved that SCR 2 as found on page 134 of the Senate Journal be concurred in.

     The question being on Rep. Putnam's motion to concur in SCR 2.

     And the roll being called:

Yeas 42, Nays 24, Excused 3, Absent and Not Voting 1

Yeas were:
Barker; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Derby; Diedrich; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Koskan; Kredit; Lockner; Lucas; McNenny; Munson (Donald); Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

Nays were:
Apa; Belatti; Broderick; Brown (Gary); Collier; de Hueck; Duenwald; Duniphan; Eccarius; Hassard; Konold; Kooistra; Madden; Matthews; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Sokolow; Solum; Windhorst; Speaker Hagg

Excused were:
Fiegen; Lee; Sperry

Absent and Not Voting were:
Crisp

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 94 as found on page 772 of the House Journal; also

     Agriculture and Natural Resources on SB 172 as found on pages 773 and 774 of the House Journal; also

     Judiciary on SB 178 as found on page 774 of the House Journal; also

     Judiciary on SB 218 as found on pages 774 and 775 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

Rep. Windhorst moved that SB 97 be placed on the calendar of Monday, February 23rd, the 30th legislative day.

The question being on Rep. Windhorst's motion to place SB 97 on the calendar of Monday, February 23rd, the 30th legislative day.

     And the roll being called:

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

     Yeas were:
Barker; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Johnson (Doug); Kazmerzak; Konold; Kooistra; Lee; Lockner; Moore; Munson (Donald); Rost; Schaunaman; Schrempp; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Windhorst

Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Jorgensen; Koetzle; Koskan; Kredit; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Smidt; Solum; Wetz; Wick; Speaker Hagg

Excused were:
Fiegen; Sperry

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

Rep. Windhorst gave notice of his intent to reconsider the vote by which SB 97 failed to be placed on the calendar of Monday, February 23rd, the 30th legislative day.

Rep. Gabriel rose to a point of order.

The Speaker ruled Rep. Windhorst's notice of his intent to reconsider out of order.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Apa requested that SB 193 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gabriel moved that SB 228, 39, 40, 207, 136, and 120 be placed to follow SB 236 on today's calendar.

Which motion prevailed and the bills were so placed.

SB 160: FOR AN ACT ENTITLED, An Act to revise and strengthen licensing qualifications, fees, and penalties for bail bondspersons and runners.

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

Rep. Hagg moved that SB 160 be placed to follow SB 120 on today's calendar.

Which motion prevailed and the bill was so placed.

Speaker Hagg now presiding.

SB 151: FOR AN ACT ENTITLED, An Act to allow lottery prizes for lotteries selling chances to raise money to be of greater value under certain circumstances and to authorize certain larger lottery prizes.

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

Rep. Peterson (Bill) moved that SB 151 be amended as follows:

On page 2 , line 10 of the Senate engrossed bill , remove the overstrikes from " ~~eighteen~~ " .

On page 2 , line 10 , delete " fifty " .

On page 2 , line 11 , remove the overstrikes from " ~~eighteen~~ " .

On page 2 , line 11 , delete " fifty " .

On page 2 , line 14 , delete " any " and insert " a " .

On page 2 , line 14 , after " prize " insert " with a value of exactly one million dollars " .

On page 2 , line 15 , delete everything after " insurance " and insert " for exactly one million dollars " .

On page 2 , line 16 , delete " the prize " .

Which motion lost.

Rep. Peterson (Bill) requested a division of the house.

The Speaker ruled the request out of order.

     The question being "Shall SB 151 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 49, Excused 4, Absent and Not Voting 2

     Yeas were:
Brown (Richard); Duniphan; Eccarius; Gabriel; Haley; Johnson (Doug); Lucas; Madden; Munson (Donald); Peterson (Bill); Richter; Roe; Schaunaman; Solum; Windhorst

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Hunt; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Matthews; McNenny; Monroe; Moore; Napoli; Pummel; Putnam; Rost; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Excused were:
Duenwald; Fiegen; Koetzle; Sperry

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

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

SB 52: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the State Investment Council and the state investment officer with respect to the permanent school and other educational funds.

Was read the second time.

     The question being "Shall SB 52 pass as amended?"

     And the roll being called:

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

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

Nays were:
de Hueck; Van Gerpen

Excused were:
Duenwald; Fiegen; Sperry

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

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

SB 53: FOR AN ACT ENTITLED, An Act to require the reporting of criminal convictions, to provide certain licensing penalties, and to allow certain cooperation in a multi-state waiver process regarding persons engaged in the insurance business.

Was read the second time.

Rep. Koskan moved that SB 53 be amended as follows:

On page 1 , line 8 of the Senate Commerce committee engrossed bill , delete " or a crime of moral " .

On page 1 , line 9 , delete " turpitude " .

The question being on Rep. Koskan's motion to amend SB 53.

A roll call vote was requested but not supported.

Rep. Koskan's motion to amend SB 53 lost.

Rep. Gabriel moved that SB 53 be amended as follows:

On page 1 , line 15 of the Senate Commerce committee engrossed bill , after " revocations, " insert " and " .

On page 1 , line 15 , delete " and any other action " .

On page 2 , line 1 , delete " concluded through an order by the regulatory authority " .

On page 2 , line 1 , delete " that " and insert " the " .

Which motion prevailed and SB 53 was so amended.

The question now being "Shall SB 53 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 15, Excused 4, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Kazmerzak; Koetzle; Konold; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Apa; Cutler; de Hueck; Eccarius; Hagen; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Lee; Monroe; Napoli; Van Gerpen; Windhorst

Excused were:
Fiegen; Hassard; Pederson (Gordon); Sperry

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

Speaker Pro tempore Hunt now presiding.

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

Was read the second time.

Rep. Madden requested a fiscal note on SB 170.

Which request was supported.

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.

The question being "Shall SB 171 pass?"

And the roll being called:

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

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

Nays were:
de Hueck; Madden; Napoli; Peterson (Bill); Volesky

Excused were:
Duniphan; Fiegen; Gleason; Richter; Sperry

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

SB 86: FOR AN ACT ENTITLED, An Act to authorize the adoption of certain federal poverty and food stamp guidelines by administrative rule.

Was read the second time.

     The question being "Shall SB 86 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, 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; Derby; Diedrich; Duenwald; 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); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Peterson (Bill); Volesky

Excused were:
Duniphan; Fiegen; Sperry

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

Rep. Gabriel moved that SB 138, 141, 23, 211, 105, 106, 107, 139, 144, 145, 206, 227, 236, 228, 39, 40, 207, 136, 120, and 160 be deferred until Monday, February 23rd, the 30th legislative day.

Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 7, 30, 54, 73, 96, 116, and 154.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Aker, Drake, and Symens as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HJR 1002.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 67 and has appointed Sens. Staggers, Hainje, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1091 was tabled.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1037 was lost on second reading and final passage.

Respectfully,
PATRICIA ADAM, Secretary

Speaker Hagg now presiding.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1013, 1026, 1069, 1082, 1086, 1089, 1093, 1101, 1104, 1110, 1112, 1121, 1122, 1157, 1165, 1173, 1174, 1193, 1197, 1210, 1211, 1212, 1221, 1229, 1233, 1234, 1248, 1267, 1268, 1284, 1292, and 1324 were delivered to his Excellency, the Governor, for his approval at 8:35 a.m., February 20, 1998.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010, 1025, 1029, 1051, 1115, 1186, 1188, 1206, 1252, 1253, 1279, 1281, 1286, 1299, 1305, 1328, and HJR 1006 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1010: FOR AN ACT ENTITLED, An Act to provide for certain limited term nonresident waterfowl licenses.

     HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confidentiality of child abuse or neglect information.

     HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the types, procedures and qualifications for issuance, eligibility, privileges, and fees of certain hunting and fishing licenses issued by the Department of Game, Fish and Parks.

     HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of manufactured housing as real property.

     HB 1115: FOR AN ACT ENTITLED, An Act to allow school districts to sell real property by public auction or by using a real estate broker.

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

     HB 1188: FOR AN ACT ENTITLED, An Act to allow certain family members to file one petition for change of name.

     HB 1206: FOR AN ACT ENTITLED, An Act to provide for legislative review of zoning ordinances if there is a protest filed.

     HB 1252: FOR AN ACT ENTITLED, An Act to provide for the insertion of certain language in marriage license applications.

     HB 1253: FOR AN ACT ENTITLED, An Act to require the testimony of any witness before any grand jury be recorded.

     HB 1279: FOR AN ACT ENTITLED, An Act to prohibit the possession of a firearm by persons convicted of certain felony drug offenses.

     HB 1281: FOR AN ACT ENTITLED, An Act to authorize certain uses of money in a school district's special education fund.

     HB 1286: FOR AN ACT ENTITLED, An Act to provide the court with discretion, under limited circumstances, when ordering restitution to victims of certain crimes.

     HB 1299: FOR AN ACT ENTITLED, An Act to provide for a temporary permit to practice as an athletic trainer.

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

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

     HJR1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to classification of property for purposes of taxation.

     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 2:52 p.m. the House adjourned.

KAREN GERDES, Chief Clerk