JOURNAL OF THE HOUSE

SEVENTY-THIRD  SESSION




THIRTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 24, 1998

     The House convened at 10:30 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Nick DeJong.

     Roll Call: All members present except Rep. Collier 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 thirtieth 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.
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1140, 1162, 1200, 1217, 1288, 1306, 1316, and 1329 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1151, 1175, and 1262 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
PATRICIA ADAM, Secretary


     The Speaker appointed Reps. Hunt, Wetz, and Collier as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1270.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Judiciary on SB 235 as found on page 831 of the House Journal; also

     Judiciary on SB 239 as found on page 832 of the House Journal; also

     State Affairs on SB 147 as found on pages 832 and 833 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Jaspers moved that SB 124 be placed on today's calendar, Tuesday, February 24th, the 31st legislative day.

     Rep. Richter rose to a point of order that Rep. Jaspers' remarks be restricted to placing the bill on the calendar.

    The Speaker reminded Rep. Jaspers to restrict his remarks to the motion.

     The question being on Rep. Jaspers' motion that SB 124 be placed on today's calendar, Tuesday, February 24th, the 31st legislative day.


     And the roll being called:

     Yeas 43, Nays 25, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; de Hueck; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jaspers; Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz

     Nays were:
Belatti; Broderick; Brooks; Brown (Gary); Cutler; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Gabriel; Hunt; Johnson (Doug); Koetzle; Kooistra; Munson (Donald); Pederson (Gordon); Putnam; Richter; Roe; Solum; Van Gerpen; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier

     Absent and Not Voting were:
Apa

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

     Rep. Cutler now presiding.

     Rep. Hunt moved that SB 237 be placed on today's calendar, Tuesday, February 24th, the 31st legislative day.

     The question being on Rep. Hunt's motion that SB 237 be placed on today's calendar, Tuesday, February 24th, the 31st legislative day.

     And the roll being called:

     Yeas 38, Nays 28, Excused 2, Absent and Not Voting 2

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Cutler; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Lee; Madden; McNenny; Monroe; Munson (Donald); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Solum; Van Gerpen; Weber; Wetz; Wick


     Nays were:
Apa; Cerny; Chicoine; Davis; de Hueck; Derby; Diedrich; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; Matthews; Napoli; Pederson (Gordon); Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Windhorst; Speaker Hagg

     Excused were:
Collier; Richter

     Absent and Not Voting were:
Barker; Moore

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

     Rep. Hunt moved that SB 237 be placed to follow SB 124 on today's calendar.

     Which motion prevailed and the bill was so placed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 68:   FOR AN ACT ENTITLED, An Act   to revise the requirements relating to the use of child restraint systems in passenger vehicles.

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

r-68

     Rep. Hagg moved that SB 68 be amended as follows:

     On page 780 , line 1 of the House Journal , delete " shall " and insert " may " .


     The question being on Rep. Hagg's motion that SB 68 be amended.

    Rep. Fischer-Clemens requested a division of the house.

    In lieu of a division, the Speaker instructed the clerk to open the voting machine.

     And the roll being called:


     Yeas 40, Nays 27, Excused 2, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Haley; Hassard; Hunt; Jorgensen; Kazmerzak; Konold; Kooistra; Lee; Lucas; Matthews; McNenny; Munson (Donald); Peterson (Bill); Roe; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Windhorst; Speaker Hagg

     Nays were:
Apa; Brown (Jarvis); Davis; Diedrich; Duenwald; Gabriel; Hagen; Jaspers; Johnson (Doug); Koetzle; Koskan; Kredit; Lockner; Madden; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Putnam; Schaunaman; Schrempp; Solum; Volesky; Waltman; Wetz; Wick

     Excused were:
Collier; Richter

     Absent and Not Voting were:
Weber

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 68 was so amended.

x-68

     Rep. Koskan moved that SB 68 be further amended as follows:

     On page 1 of the Senate Transportation committee engrossed bill, delete lines 4 to 15 , inclusive , and insert:

"     Section 1. Any operator of any passenger vehicle shall require that all passengers shall be properly secured by an approved restraint system. "


     On page 2 , delete line 1 .

     Rep. Napoli moved that SB 68 and pending amendment be laid on the table.

     The question being on Rep. Napoli's motion that SB 68 and pending amendment be laid on the table.

     And the roll being called:


     Yeas 49, Nays 16, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Brooks; Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Broderick; Brown (Richard); Cutler; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Jorgensen; Kazmerzak; Matthews; Peterson (Bill); Roe; Rost; Schaunaman; Smidt; Speaker Hagg

     Excused were:
Brown (Gary); Brown (Jarvis); Collier; Richter

     Absent and Not Voting were:
Duxbury

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 68 and pending amendment were tabled.
    

    Speaker Hagg now presiding.

    
    Rep. Cutler moved that SB 39 be placed to precede SB 40 on today's calendar.

     Which motion prevailed and the bill was so placed.


     SB 39:   FOR AN ACT ENTITLED, An Act   to provide for the public procurement of construction services utilizing the design-build procurement process.

     Was read the second time.

r-39b

     Rep. de Hueck moved that SB 39 be amended as follows:

     On page 2 , line 22 of the Senate State Affairs committee engrossed bill , delete " Notwithstanding any other provisions of law, a " and insert " A " .

     On page 3 , line 22 , delete " The " and insert " Except for the state, the " .

     On page 4 , line 3 , delete " should " and insert " shall " .

     On page 5 , line 16 , delete " to " .

     On page 6 , line 21 , after " for " insert " each " .

     On page 6 , line 21 , delete " contracts " and insert " contract " .

     On page 8 , line 13 , after " most advantageous " insert " and in the best interests " .

     The question being on Rep. de Hueck's motion that SB 39 be amended.

    A roll call vote was requested and supported.
    
     And the roll being called:

     Yeas 24, Nays 42, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Brown (Jarvis); Cerny; Crisp; de Hueck; Derby; Duenwald; Fiegen; Hassard; Kazmerzak; Kooistra; Koskan; Kredit; Lockner; Madden; Monroe; Moore; Napoli; Rost; Smidt; Van Gerpen; Weber; Windhorst; Speaker Hagg

     Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Chicoine; Cutler; Davis; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Lee; Lucas; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Volesky; Wick

     Excused were:
Collier; Wetz

     Absent and Not Voting were:
Hunt; Waltman

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

     The question being "Shall SB 39 pass as amended?"

     And the roll being called:


     Yeas 47, Nays 19, Excused 2, Absent and Not Voting 2

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Chicoine; Cutler; Davis; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen; Koetzle; Konold; Koskan; Lee; Lucas; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Brown (Jarvis); Cerny; de Hueck; Derby; Duenwald; Fiegen; Hassard; Johnson (Doug); Kazmerzak; Kooistra; Kredit; Lockner; Madden; Moore; Napoli; Putnam; Van Gerpen; Weber

     Excused were:
Collier; Wetz

     Absent and Not Voting were:
Crisp; Waltman

     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 40:   FOR AN ACT ENTITLED, An Act   to permit contractors to offer and provide design-build services.

     Was read the second time.

     The question being "Shall SB 40 pass?"

     And the roll being called:

     Yeas 51, Nays 13, Excused 2, Absent and Not Voting 4

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Jorgensen; Koetzle; Konold; Koskan; Lee; Lockner; Lucas; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; de Hueck; Derby; Duenwald; Fiegen; Johnson (Doug); Kazmerzak; Kooistra; Kredit; Madden; Moore; Putnam; Van Gerpen


     Excused were:
Collier; Wetz

     Absent and Not Voting were:
Crisp; Monroe; Napoli; Peterson (Bill)

     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 207:   FOR AN ACT ENTITLED, An Act to repeal the subsequent injury fund and to provide for the administration and reimbursement of any remaining funds.

     Was read the second time.

j-207a

     Rep. Koetzle moved that SB 207 be amended as follows:

     On the House Judiciary committee engrossed bill, delete everything after the enacting clause and insert:

"      Section  1.  That chapter 62-4 be amended by adding thereto a NEW SECTION to read as follows:

     A self-insured employer may not participate in the subsequent injury fund for the purpose of assessment and reimbursement.

     Section  2.  That § 62-4-34 be amended to read as follows:

     62-4-34.   If an employee of an insured employer who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury resulting in additional permanent partial or permanent total disability so that the degree or percentage of disability caused by the combination of the subsequent injury and the preexisting injury or condition is substantially greater than that which resulted from the last injury, considered alone, and if the employee of an insured employer is entitled to receive compensation on the basis of the combined disabilities, the insured employer , or its insurance carrier, shall pay all medical and hospital expenses and compensation provided by this title. The insured employer , or its insurance carrier, shall be reimbursed from the " subsequent injury fund " for two-thirds of all compensation, medical and hospital expenses paid to or on behalf of the injured employee of the insured employer due to the subsequent injury. If the subsequent compensable injury of the employee of an insured employer results in the death of the employee and it has been determined that the death would not have occurred except for the preexisting disability, the insured employer , or its insurance carrier, shall pay all compensation provided by this title.

     Section  3.  That § 62-4-34.4 be amended to read as follows:



     62-4-34.4.   A claim is considered complete if it contains records, reports, or any other evidence which shows the following:

             (1)      The claim was filed with the appropriate agency within ninety days from the date a decision or approval of an agreement is obtained from the department;

             (2)      The final decision or approved agreement from the department finding that the injury is a subsequent injury and is a compensable injury resulting in additional permanent partial or permanent total disability;

             (3)      The total amount of compensation, medical and hospital expenses, paid to or on behalf of the employee by the employer if self insured, or the insurance carrier of an employer;

             (4)      Reimbursement requested by specific amount, and the calculations which justify the amount requested;

             (5)      Medical documentation specifically setting forth that the employee incurred any prior injury, compensable or noncompensable, which caused disability;

             (6)      Medical documentation specifically setting forth the degree or percentage of disability attributable to any prior injury, and the reasons for arriving at those determinations;

             (7)      Medical documentation specifically setting forth that the employee incurred a compensable subsequent injury which caused additional permanent partial or permanent total disability;

             (8)      Medical documentation specifically setting forth the degree or percentage of disability reasonably attributable to the subsequent injury standing alone, as if no other injury had occurred, and the reasons for arriving at those determinations;

             (9)      Medical documentation specifically setting forth the degree or percentage of disability attributable to the combined injuries that also establishes that the disability attributable to the combined injuries is substantially greater than the disability attributable to the subsequent injury standing alone, as if no other injury had occurred, and the reasons for arriving at those determinations;

             (10)    If the degree or percentage of disability attributable to the combined injuries is greater than the sum total of the degree or percentage of disability attributable to any prior injury standing alone and the subsequent injury standing alone, supporting medical documentation, including vocational rehabilitative evaluations and reports, if applicable; and

             (11)    Any other information deemed pertinent by the Division of Insurance during the course of its continuing investigation of the merits of a claim.

     An incomplete claim is considered filed if filed within the ninety-day statute of limitations established in §   62-4-34.1, but the thirty days for completion of the investigation of the claim does not begin to run until the claim is complete.

     Section  4.  That § 62-4-35 be amended to read as follows:

     62-4-35.   In case of the death of an employee covered by this title, if no person is entitled to compensation, the employer, or if insured, the employer's insurance carrier , shall pay to the Division of Insurance the sum of five hundred dollars to be deposited in the subsequent injury fund. The Division of Insurance shall assess each insurance carrier of every employer , or every employer, if self-insured, an amount equal to four percent of all workers' compensation, including medical, hospital, and indemnity expenses, paid to or on behalf of an injured employee during the calendar year next preceding the due date of the payments, which shall be deposited in the subsequent injury fund. The assessment shall be made at any time the fund falls below two hundred thousand dollars. The payment shall be made immediately upon notification to the carrier or self-insured by the division. Each insurance carrier of every employer , or every employer, if self-insured, shall be required to participate in the subsequent injury fund and pay assessments except as provided in § 62-4-34.6 and section 1 of this Act . Failure of an insurance carrier of an employer , or an employer, if self-insured, to respond within twenty days of receipt to a notice of assessment from the Division of Insurance shall, unless good cause is shown, have the effect of making that insurance carrier of an employer or a self-insured employer ineligible for reimbursement from the subsequent injury fund for any subsequent injury incurred or claim made from the date the assessment is made for a period of one year subsequent to the date the assessment is actually paid. Failure of an insurance carrier of an employer , or an employer, if self-insured, to pay an assessment other than for good cause shown, shall also be grounds for administrative action to be taken by the division or department against an insurance carrier of an employer or an employer, if self-insured, concerning their status and authority to continue being authorized insurance carriers or self-insured employers in the State of South Dakota.

     Section  5.  That § 62-4-36.3 be repealed.

     62-4-36.3.   If the Division of Insurance determines that administrative action is necessary against the continued authorization of the status and authority of a self-insured employer for failure to pay an assessment other than for good cause shown, and that self-insured employer has been issued a certificate of exemption by the Department of Labor pursuant to §   62-5-5, the division shall commence administrative action by petitioning the department for a hearing. The hearing shall be conducted by a hearing examiner appointed by the secretary of labor. The attorney general or counsel for the division shall represent the subsequent injury fund. The hearing shall be conducted pursuant to the provisions of chapter 1-26.

     Section  6.  That § 62-5-5 be amended to read as follows:

     62-5-5.   If an employer coming under the provisions of this title annually furnishes satisfactory proof to the Department of Labor of the employer's solvency and financial ability to pay the compensation required by this title, the employer is relieved from the provisions of §   62-5-1. Each employer shall submit an application fee not to exceed two thousand dollars to the Department of Labor at the time proof of solvency is submitted. The Department of Labor shall set, by rules promulgated pursuant to chapter 1-26, the amount of the application fee.



     All fees paid to the department pursuant to this section shall be deposited with the state treasurer and shall be credited to the Department of Labor Special Revenue Fund which is hereby created. The money deposited shall be dedicated and continuously appropriated to the department for purposes of conducting an actuarial review of the applicant's financial condition and automating the administration of the workers' compensation law.

     Upon receiving satisfactory proof of financial solvency and surety for performance required by §   62-5-10, the department shall issue a certificate of exemption relieving the employer of the obligation to purchase worker's compensation insurance provided in § §   62-5-2 and 62-5-3. The department may revoke this certificate if the employer fails to comply with the provisions of titles 58 and title 62, or with any rules promulgated by the Department of Labor. "

    Rep. Fischer-Clemens moved the previous question.

    Which motion prevailed.

     The question being on Rep. Koetzle's motion that SB 207 be amended.
    
    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 37, Nays 31, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brown (Jarvis); Cerny; Chicoine; Davis; de Hueck; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Monroe; Moore; Putnam; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Belatti; Brooks; Brown (Gary); Brown (Richard); Cutler; Derby; Diedrich; Duniphan; Fiegen; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Solum; Van Gerpen; Wetz; Wick

     Excused were:
Collier; Crisp

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 207 was so amended.

     The question now being "Shall SB 207 pass as amended?"

     And the roll being called:


     Yeas 54, Nays 14, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Kazmerzak; Koetzle; Kooistra; 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; Waltman; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
Belatti; Brown (Gary); Derby; Fiegen; Hassard; Hunt; Johnson (Doug); Jorgensen; Konold; Koskan; Monroe; Van Gerpen; Volesky; Wetz

     Excused were:
Collier; Crisp

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

     The question being on the title.

     Rep. Koetzle moved that the title to SB 207 be amended as follows:

     On page 1 , line 1 of the House Judiciary committee engrossed bill , delete everything after " to " and insert " eliminate participation in the subsequent injury fund by self-insured employers and to revise certain other provisions regarding self-insured employers. "

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

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

     Was read the second time.

     The question being "Shall SB 136 pass as amended?"

     And the roll being called:


     Yeas 61, Nays 5, Excused 3, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; 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; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Apa; Cerny; Napoli; Richter; Windhorst

     Excused were:
Collier; Crisp; Moore

     Absent and Not Voting were:
Matthews

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

     Was read the second time.

     The question being "Shall SB 120 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; 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; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
de Hueck; Lucas; Van Gerpen


     Excused were:
Collier

     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 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.

r-160

     Rep. Hagg moved that SB 160 be amended as follows:

     On page 5 , line 15 of the printed bill , delete " Class 6 felony " and insert " Class 1 misdemeanor " .

     On page 7 , line 11 , delete " the " and insert " . The " .

     On page 7 , delete lines 16 to 19 , inclusive , and insert:

" renewed power of attorney shall be performed annually on October first. The sheriff shall not permit the registration of a bail bondsman unless such bondsman is currently licensed by the director. Violation of this section is a Class 2 misdemeanor. No bail bondsperson may register with the sheriff unless such bail bondsperson is currently licensed with the director. Any violation of this section is a Class 1 misdemeanor. "


     On page 9 , line 15 , remove the overstrikes from " misdemeanor " .

     On page 9 , line 15 , delete " Class 6 felony " .

     On page 9 , line 15 , before " misdemeanor " insert " Class 1 " .

     On page 9 , line 22 , remove the overstrikes from " misdemeanor " .

     On page 9 , line 22 , delete " Class 6 felony " .

     On page 9 , line 22 , before " misdemeanor " insert " Class 1 " .

     On page 10 , line 1 , remove the overstrikes from " misdemeanor " .

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

     On page 10 , line 1 , before " misdemeanor " insert " Class 1 " .

     On page 10 , line 2 , delete " 6 felony " .

     On page 10 , line 17 , remove the overstrikes from " misdemeanor " .

     On page 10 , line 17 , delete " Class 6 felony " .

     On page 10 , line 17 , before " misdemeanor " insert " Class 1 " .

     On page 10 , line 21 , remove the overstrikes from " misdemeanor " .

     On page 10 , line 21 , delete " Class 6 " .

     On page 10 , line 21 , before " misdemeanor " insert " Class 2 " .

     On page 10 , line 22 , delete " felony " .

     Which motion prevailed and SB 160 was so amended.
r-160a

     Rep. Koskan moved that SB 160 be further amended as follows:

     On page 3 , line 2 of the printed bill , after " felony " insert " or a crime involving moral turpitude " .

     On page 4 , line 10 , after " felony " insert " or a crime involving moral turpitude " .

     Which motion prevailed and SB 160 was so amended.
r-160b

     Rep. Koskan moved that SB 160 be further amended as follows:

     On page 2 , line 2 of the printed bill , overstrike " Violation of this section is a " and insert " Acting in the capacity of a bail bondsperson or runner without being licensed is a Class 6 felony. Receipt of money or other things of value by any person not acting in the capacity of a bail bondsperson is a Class 2 misdemeanor " .

     On page 2 , line 3 , delete " Class 6 felony " .

     Which motion prevailed and SB 160 was so amended.
f-160a

     Rep. Koskan moved that SB 160 be further amended as follows:

     On page 5 , delete lines 11 to 15 of the printed bill , inclusive .
x-160

     Rep. Hagg moved as a substitute motion that SB 160 be amended as follows:

     On page 5 , line 15 of the printed bill , delete " ten " and insert " twenty " .

     Which motion prevailed and SB 160 was so amended.

     The question now being "Shall SB 160 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Wetz; Wick; Speaker Hagg

     Nays were:
Apa; Barker; Cerny; Cutler; de Hueck; Fiegen; Gabriel; Hassard; Jaspers; Jorgensen; Kazmerzak; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Volesky; Weber; Windhorst

     Excused were:
Collier

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

     Was read the second time.

     Rep. Eccarius moved that SB 94 be placed to follow SB 165 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Speaker Hagg now presiding.

     SB 172:   FOR AN ACT ENTITLED, An Act   to establish a sheep checkoff program.

     Was read the second time.

     Rep. Koetzle moved the previous question.


     Which motion prevailed.

     The question being "Shall SB 172 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent and Not Voting 0

     Yeas were:
Belatti; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fitzgerald; Gabriel; Gleason; Haley; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Lee; Madden; Munson (Donald); Pederson (Gordon); Peterson (Bill); Richter; Roe; Rost; Smidt; Weber; Speaker Hagg

     Nays were:
Apa; Barker; Broderick; Brown (Gary); Cerny; Cutler; Davis; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Hagen; Hassard; Hunt; Jorgensen; Kooistra; Koskan; Kredit; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Napoli; Pummel; Putnam; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst

     Excused were:
Collier

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

     SB 178:   FOR AN ACT ENTITLED, An Act   to revise certain provisions related to involuntary commitment for alcohol or drug treatment.

     Was read the second time.

     The question being "Shall SB 178 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 16, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg


     Nays were:
Cutler; Davis; de Hueck; Fischer-Clemens; Hagen; Haley; Johnson (Doug); Jorgensen; Lee; Lockner; Lucas; Moore; Roe; Schaunaman; Schrempp; Waltman

     Excused were:
Collier; 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 218:   FOR AN ACT ENTITLED, An Act   to provide for a Limited Liability Company Act and to declare an emergency.

     Was read the second time.

j-218b

     Rep. Hunt moved that SB 218 be amended as follows:

     On page 56 , after line 24 of the House Judiciary committee engrossed bill , insert:

"      SECTION 1300. That § 47-2-38 be amended to read as follows:

     47-2-38.   In order to protect the public against confusion between corporations, or between corporations and limited partnerships, and to guard against unfair competition, the name of any corporation:

             (1)      May not be the same as or deceptively similar to Must be distinguishable upon the records of the secretary of state from the name of any other corporation, whether for profit or not for profit, organized under the laws of this state; the name of any foreign corporation, whether for profit or not for profit, authorized to engage in any business in this state; or any corporate name reserved or registered as permitted by the laws of this state; or the name of any limited partnership certified or registered in this state ; or the name of any limited liability company . Corporate names or limited partnership names already in use, with generic, proper, geographical or descriptive terms which have acquired a secondary meaning shall be protected. This subdivision does not apply if the applicant files with the secretary of state either:

             (a)      The written consent signed by the president or a vice-president and by the secretary or an assistant secretary of the other corporation; by a holder of a reserved or registered name; or by a general partner of a limited partnership to use the same or deceptively similar name and one or more words are added to make the name a distinguishable from the other name;

             (b)      A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of such name in this state; or

             (c)      In the case of a foreign corporation if the corporate name is not available for use, a resolution of its board of directors adopting an assumed name for use in transacting business in this state, which assumed name is not deceptively similar to distinguishable from the name of any domestic corporation, any foreign corporation authorized to engage in any business in this state, or any corporate name reserved or registered as permitted by the laws of this state, or the name of any limited partnership certified or registered in this state or any other assumed name filed with the secretary of state by a foreign corporation authorized to transact business in this state.

             (2)      Shall be transliterated into letters of the English alphabet, if it is not in English.

     A corporation with which another corporation, domestic or foreign, is merged, or which is formed by the reorganization or consolidation of one or more domestic or foreign corporations or upon a sale, lease or other disposition to or exchange with, a domestic corporation of all or substantially all the assets of another corporation, domestic or foreign, including its name, may have the same name as that used in this state by any of such corporations if the other corporation was organized under the laws of, or is authorized to transact business in this state.

     SECTION 1301. That § 47-22-8.1 be amended to read as follows:

     47-22-8.1.   In order to protect the public against confusion between corporations or between corporations and limited partnerships, the name of any nonprofit corporation:

             (1)      May not be the same as or deceptively similar to must be distinguishable upon the records of the secretary of state from the name of any other corporation, whether for profit or not for profit, organized under the laws of this state; or the name of any foreign corporation, whether for profit or not for profit, authorized to engage in any business in this state; or any corporate name reserved or registered as permitted by the laws of this state; or the name of any limited partnership certified or registered in this state. Corporate names or limited partnership names already in use, with generic, proper, geographical or descriptive terms which have acquired a secondary meaning shall be protected. This subdivision does not apply if the applicant files with the secretary of state either:

             (a)      The written consent signed by the president or a vice-president and by the secretary or an assistant secretary of the other corporation; by a holder of a reserved or registered name; or by a general partner of a limited partnership to use the same or deceptively similar name and one or more words are added to make the name a distinguishable from the other name;

             (b)      A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of such name in this state; or

             (c)      In the case of a foreign corporation if the corporate name is not available for use, a resolution of its board of directors adopting an assumed name for use in transacting business in this state, which assumed name is not deceptively

similar to the name of any domestic corporation, any foreign corporation authorized to engage in any business in this state, or any corporate name reserved or registered as permitted by the laws of this state, or the name of any limited partnership certified or registered in this state, or any other assumed name filed with the secretary of state by a foreign corporation authorized to transact business in this state.

             (2)      Shall be transliterated into letters of the English alphabet, if it is not in English.

     SECTION 1302. That § 48-7-102 be amended to read as follows:

     48-7-102.   The name of a limited partnership as set forth in its certificate of limited partnership:

             (1)      Shall contain without abbreviation the words "limited partnership";

             (2)      May not contain the name of a limited partner unless:

             (a)      It is also the name of a general partner or the corporate name of a corporate general partner; or

             (b)      The business of the limited partnership had been carried on under that name before the admission of that limited partner;

             (3)      May not be the same as, or deceptively similar to Must be distinguishable upon the records of the secretary of state from , the name of any corporation, whether for profit or not for profit, or limited partnership organized under the laws of South Dakota or licensed or registered as a foreign corporation, whether for profit or not for profit, or limited partnership in this state; and

             (4)      May not contain any word or phrase indicating or implying that it is organized other than for a purpose stated in its certificate of limited partnership. "

     Rep. Hunt moved that SB 218 and pending amendment be placed to follow SB 94 on today's calendar.

     Which motion prevailed and the bill and pending amendment were so placed.


     SB 177:   FOR AN ACT ENTITLED, An Act   to revise and clarify certain provisions concerning the regulation of pornography and obscenity.

     Was read the second time.

r-177b

     Rep. Diedrich moved that SB 177 be amended as follows:

     On page 1 , line 6 of the Senate engrossed bill , after " material " insert " , as defined in subdivision 22-24-27(11), " .

     On page 1 , line 7 , after " conduct " insert " , as defined in subdivision 22-24-27(10), " .

     On page 2 , after line 2 , insert:

"      Section 4. That § 9-29-9 be repealed.

     9-29-9.   Every municipality shall have power to prohibit the sale or exhibition of any obscene or immoral publication, print, film, picture, or illustration.
"



     The question being on Rep. Diedrich's motion that SB 177 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 20, Nays 47, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Diedrich; Duxbury; Gleason; Hagen; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Moore; Napoli; Schaunaman; Windhorst

     Nays were:
Belatti; Broderick; Brooks; Chicoine; Davis; de Hueck; Derby; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Excused were:
Collier; Koetzle

     Absent and Not Voting were:
Putnam

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

     The question being "Shall SB 177 pass as amended?"

     And the roll being called:


     Yeas 57, Nays 11, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; 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; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Barker; Cutler; Hagen; Haley; Johnson (Doug); Jorgensen; Moore; Munson (Donald); Schaunaman; Sokolow; Windhorst

     Excused were:
Collier; 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 233:   FOR AN ACT ENTITLED, An Act   to reduce the property tax levies for general funds of a school district for the purposes of maintaining the relationship between state aid to general education and local effort and to provide for a five percent reduction in property taxes for certain types of property.

     Was read the second time.

     The question being "Shall SB 233 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; 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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Sokolow; Sperry


     Excused were:
Collier; de Hueck; Windhorst

     Absent and Not Voting were:
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 210:   FOR AN ACT ENTITLED, An Act   to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and child care programs and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 210 pass as amended?"

     And the roll being called:

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

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; 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:
Apa; Davis; Eccarius; Hassard

     Excused were:
Collier; de Hueck; Derby; Diedrich; Windhorst

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

     Was read the second time.


     The question being "Shall SB 241 pass?"

     And the roll being called:

     Yeas 60, Nays 6, Excused 3, Absent and Not Voting 1

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

     Nays were:
Fiegen; Hassard; Matthews; Napoli; Van Gerpen; Windhorst

     Excused were:
Brown (Gary); Collier; Diedrich

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

     Was read the second time.

b-23c

     Rep. Roe moved that SB 23 be amended as follows:

     On page 2 , after line 9 of the Senate Appropriations committee engrossed bill , insert:

"      Section 5. That section 2 of chapter 150 of the 1994 Session Laws be amended as follows:

     Funding for the project authorized in section 1 of this Act is to be provided from gifts , contracts, and grants to South Dakota State University specifically for this purpose. Contracts authorized by this section may include agreements with private parties who are willing to participate in financing and constructing the facility on the condition that they be allowed to operate a wellness center in the facility for a commercially reasonable period of time to serve the needs of the students and the general public. Any revenues to the university received pursuant to such a contract are hereby permanently appropriated to the Board of Regents for the financing, construction, and operation of the wellness center. The Board of Regents may accept

any gifts for the purposes authorized by this Act, and all such moneys so contributed are hereby appropriated to the Board of Regents. No general funds may be used in the construction or operation of the facility authorized by this Act. Prior to the issuance of any contracts pursuant to this section, the Board of Regents shall submit a project financial plan to the committee established in chapter 4-8A for approval. The financial plan shall include a description of sources of funds to construct the facility, of operating costs, and a plan for a maintenance and repair fund in an amount equal to ten percent of the final construction cost. The funds identified in the maintenance and repair plan may be accumulated at no less than the rate of one percent of the final project cost per year for ten years with the first year being the final year of facility construction. These funds may be identified from other funds under the control of the Board of Regents, or from gifts and grants to South Dakota State University, or as part of contracts authorized by this Act, or from restricted gifts and grants to foundations associated with the facility or South Dakota State University, or from any combination of these sources of funds. All other funds identified by the Board of Regents pursuant to this section, together with any gifts, grants, or contract proceeds for maintenance and repair, shall be transferred into the South Dakota State University wellness facility maintenance and repair fund which is hereby created in the state treasury as a participating fund, and the Board of Regents may expend such funds, together with the earnings, as it deems necessary to provide for the maintenance or repair of the facility. "



     Which motion prevailed and SB 23 was so amended.
p-23

     Rep. Putnam moved that SB 23 be further amended as follows:

     On page 2 of the Senate Appropriations committee engrossed bill, delete lines 5 to 9 , inclusive , and insert:

"     Section 4. Notwithstanding the provisions of §  5-14-3, the administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor shall be under the general charge and supervision of the Governor or his designee and the executive director of the Board of Regents. The Governor, or his designee, and 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. "


    Rep. Brooks moved the previous question.

    Which motion prevailed.

     The question being on Rep. Putnam's motion that SB 23 be amended.

    A roll call vote was requested and supported.

     And the roll being called:


     Yeas 35, Nays 31, Excused 3, Absent and Not Voting 1

     Yeas were:
Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Derby; Duniphan; Fiegen; Gabriel; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Koskan; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Rost; Solum; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Broderick; Cerny; de Hueck; Diedrich; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Kredit; Lee; Lockner; Lucas; Moore; Pederson (Gordon); Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

     Excused were:
Barker; Collier; Hassard

     Absent and Not Voting were:
Davis

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 23 was so amended.

     The question now being "Shall SB 23 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Broderick; Cerny; Crisp; Davis; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Napoli; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

     Excused were:
Barker; Collier

     Absent and Not Voting were:
Pederson (Gordon)


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

     Rep. Roe announced his intention to reconsider the vote by which SB 23 was lost.

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

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

     The question being "Shall SB 170 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 11, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; de Hueck; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer- Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Cutler; Fiegen; Koskan; Kredit; Madden; McNenny; Napoli; Peterson (Bill); Richter; Van Gerpen; Speaker Hagg

     Excused were:
Belatti; Collier; Derby; Gabriel

     Absent and Not Voting were:
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 110:   FOR AN ACT ENTITLED, An Act   to define the brokerage relationships available between real estate licensees and buyers, sellers, landlords, or tenants in real estate transactions, to establish the obligations owed by real estate licensees to parties to real estate transactions, and to establish certain disclosure requirements for real estate licensees.

     Was read the second time.


r-110

     Rep. Hunt moved that SB 110 be amended as follows:

     On page 13 , delete line 10 of the House Judiciary committee engrossed bill .

     On page 13 , line 11 , delete " sets forth agency and brokerage relationships that the broker may establish. "


     The question being on Rep. Hunt's motion that SB 110 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 12, Nays 53, Excused 4, Absent and Not Voting 1

     Yeas were:
Brooks; de Hueck; Hunt; Kooistra; Koskan; Monroe; Napoli; Rost; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber

     Excused were:
Collier; Crisp; Derby; Gabriel

     Absent and Not Voting were:
Pummel

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

     Rep. Barker moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 110 pass as amended?"


     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent and Not Voting 0

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

     Nays were:
de Hueck; Hunt; Kooistra; Koskan; Napoli; Rost; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier; Gabriel; Richter

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

     Speaker Pro tempore Hunt now presiding.

     SB 113:   FOR AN ACT ENTITLED, An Act   to provide for a penalty for certain conduct with regard to alcoholic beverages.

     Was read the second time.

     Rep. Waltman moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 113 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 46, Excused 3, Absent and Not Voting 0

     Yeas were:
Belatti; Broderick; Brooks; de Hueck; Derby; Duniphan; Fiegen; Fitzgerald; Hunt; Konold; Koskan; Kredit; Madden; Matthews; Rost; Smidt; Solum; Van Gerpen; Volesky; Wick; Speaker Hagg


     Nays were:
Apa; Barker; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Duenwald; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Waltman; Weber; Wetz; Windhorst

     Excused were:
Collier; Crisp; Diedrich

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

     SB 225:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to workers' compensation during a period of rehabilitation.

     Was read the second time.

     The question being "Shall SB 225 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 33, Excused 2, Absent and Not Voting 1

     Yeas were:
Belatti; Brooks; Brown (Gary); Brown (Richard); Cutler; Derby; Duenwald; Duniphan; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Jorgensen; Konold; Kooistra; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Weber; Wetz; Wick

     Nays were:
Apa; Barker; Broderick; Cerny; Chicoine; Davis; de Hueck; Diedrich; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Lee; Lockner; Lucas; Moore; Pederson (Gordon); Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Windhorst; Speaker Hagg

     Excused were:
Brown (Jarvis); Collier

     Absent and Not Voting were:
Crisp

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


     Rep. Jorgensen announced her intention to reconsider the vote by which SB 225 was lost.

     SB 92:   FOR AN ACT ENTITLED, An Act   to limit the information that may be contained on a driver's license.

     Was read the second time.

     The question being "Shall SB 92 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 3, 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; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Nays were:
Fiegen; Konold; Speaker Hagg

     Excused were:
Collier; Derby; Kredit

     Absent and Not Voting were:
Moore

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

     Was read the second time.

j-165

     Rep. Brown (Richard) moved that SB 165 be amended as follows:

     On page 1 , line 12 of the House State Affairs committee engrossed bill , delete " twenty " and insert " fifty " .



o-165d

     Rep. Lucas moved as a substitute motion that SB 165 be amended as follows:

     On page 1 , line 12 of the House State Affairs committee engrossed bill , delete " of twenty dollars or less is the issuer's after five " and insert " issued to or on behalf of a religious, benevolent, or charitable organization " .

     On page 1 , line 13 , delete " years from issuance and " .
    

     Rep. Belatti moved that Rep. Lucas' substitute motion to amend SB 165 be laid on the table.

     The question being on Rep. Belatti's motion that Rep. Lucas' substitute motion to amend SB 165 be laid on the table.

     Which motion prevailed and Rep. Lucas' substitute motion was laid on the table.

     Rep. Weber moved that SB 165 and Rep. Richard Brown's pending amendment be laid on the table.

     The question being on Rep. Weber's motion that SB 165 and pending amendment be laid on the table.

     A roll call vote was requested and supported.

     And the roll being called:

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

     Yeas were:
Broderick; Cerny; Chicoine; Crisp; de Hueck; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

     Nays were:
Apa; Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier; Pummel


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

     Rep. Richter moved the previous question.

     Which motion prevailed.

    The question being on Rep. Richard Brown's motion to amend SB 165.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Smidt; Solum; Sperry; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Broderick; de Hueck; Duxbury; Fischer-Clemens; Fitzgerald; Hagen; Haley; Koetzle; Lee; Lockner; Lucas; Putnam; Roe; Schaunaman; Schrempp; Sokolow; Volesky; Waltman; Weber

     Excused were:
Collier

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 165 was so amended.

     Rep. Napoli moved the previous question.

     Which motion prevailed.

     The question now being "Shall SB 165 pass as amended?"

     And the roll being called:


     Yeas 45, Nays 24, Excused 1, Absent and Not Voting 0

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

     Nays were:
Broderick; Cerny; Chicoine; Crisp; de Hueck; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Roe; Schaunaman; Schrempp; Sokolow; Volesky; Waltman; Weber

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

     Was read the second time.

     The question being "Shall SB 94 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Kazmerzak; Koskan; Lucas

     Excused were:
Collier; Derby


     Absent and Not Voting were:
Napoli

     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 218:   FOR AN ACT ENTITLED, An Act   to provide for proper recording of corporate names, to provide for a Limited Liability Company Act, and to declare an emergency.

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

     The question now being on Rep. Hunt's pending motion to amend SB 218 as found on pages 887 to 889 of the House Journal.

     Which motion prevailed and SB 218 was so amended.

     The question now being "Shall SB 218 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, 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; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier

     Absent and Not Voting were:
Pederson (Gordon)

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

     The question being on the title.

     Rep. Hunt moved that the title to SB 218 be amended as follows:


     On page 1 , line 1 of the House Judiciary committee engrossed bill , after " Act " insert " to provide for proper recording of corporate names, " .

     Which motion prevailed and the title was so amended.

     Speaker Pro tempore Hunt now presiding.

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

     Was read the second time.

     The question being "Shall SB 21 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; 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; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Koskan; Monroe; Windhorst

     Excused were:
Collier

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

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


     Was read the second time.
p-22

     Rep. Kredit moved that SB 22 be amended as follows:

     On the House Appropriations committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. The Board of Regents may deposit any moneys held by it pursuant to §  13-49- 14.2, but not needed to cover liabilities heretofore incurred, into a special fund hereby created in the South Dakota school and public lands endowment, to be known as the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped maintenance and repair fund. All moneys so deposited shall become part of the school and public lands endowment, whose principal shall be held inviolate, and their earnings shall be made available to the Board of Regents to address the cost of routine maintenance and repair of the physical plant of the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped. "


     Rep. Sokolow moved the previous question.

     The question being on Rep. Sokolow's motion to call the question.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 58, Nays 6, Excused 3, Absent and Not Voting 3

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; 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; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst

     Nays were:
Crisp; Derby; Duniphan; McNenny; Putnam; Speaker Hagg

     Excused were:
Collier; de Hueck; Wetz

     Absent and Not Voting were:
Haley; Koetzle; Roe


     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

     The question now being on Rep. Kredit's motion to amend SB 22.

    A roll call vote was requested and supported.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Davis; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jorgensen; Kazmerzak; Koetzle; Kredit; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Pummel; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

     Nays were:
Broderick; Brooks; Brown (Richard); Crisp; Cutler; Duniphan; Eccarius; Fiegen; Gabriel; Hunt; Jaspers; Johnson (Doug); Konold; Kooistra; Koskan; Madden; Matthews; McNenny; Napoli; Peterson (Bill); Putnam; Richter; Rost; Solum; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier; de Hueck; Pederson (Gordon); Wetz

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 22 was so amended.

     The Speaker stated that Rep. Kredit's amendment removed the requirement of a two-thirds majority vote for passage of SB 22.

    Rep. Richter rose to a point of order stating that the bill calls for a continuous appropriation.

    The Speaker asked the members for other remarks. Following remarks, the Speaker ruled a two-thirds majority vote was required for passage of SB 22.

     The question now being "Shall SB 22 pass as amended?"

     And the roll being called:


     Yeas 49, Nays 17, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Cutler; Davis; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Jorgensen; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Broderick; Brown (Richard); Crisp; Duniphan; Eccarius; Fiegen; Gabriel; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; McNenny; Napoli; Putnam; Richter; Wick

     Excused were:
Collier; de Hueck; Pederson (Gordon); Wetz

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

     The question being on the title.

     Rep. Kredit moved that the title to SB 22 be amended as follows:

     On page 1 , line 1 of the House Appropriations committee engrossed bill , delete everything after " to " and insert " provide for the deposit of certain moneys, held by the Board of Regents, into the school and public lands endowment to provide partial funding for the maintenance and repair needs of the South Dakota School for the Deaf and the South Dakota School for the Visually Handicapped. "

     On page 1 , delete lines 2 to 3 , inclusive .

     Which motion prevailed and the title was so amended.

     SB 214:   FOR AN ACT ENTITLED, An Act   to expedite the release of counterfeit liens, court documents, or other instruments on public record.

     Was read the second time.

     The question being "Shall SB 214 pass as amended?"

     And the roll being called:


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

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

     Excused were:
Collier; Pederson (Gordon); Volesky; Wetz

     Absent and Not Voting were:
Barker; Brown (Richard); Duenwald; Haley; Lee

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

     SB 220:   FOR AN ACT ENTITLED, An Act   to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

     Was read the second time.

f-220

     Rep. Broderick moved that SB 220 be amended as follows:

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

"      Section  7.  Any person who knowingly uses any structure, room, or place to sell, barter, give away, or allow the consumption of alcoholic beverages in violation of the laws of the State of South Dakota is guilty of a Class 1 misdemeanor. "


     Rep. Moore moved that SB 220 and Rep. Broderick's pending amendment be laid on the table.

     Rep. Koskan rose to a point of order that Rep. Moore's motion to table SB 220 and pending amendment was out of order.

    The Speaker ruled the motion in order.

    The question being on Rep. Moore's motion that SB 220 with Rep. Broderick's pending amendment be laid on the table.


     And the roll being called:

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

     Yeas were:
Barker; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich; Duenwald; Fischer-Clemens; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Waltman; Weber; Wick; Windhorst

     Nays were:
Apa; Belatti; Broderick; Brown (Richard); de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Konold; Koskan; Kredit; Madden; Peterson (Bill); Pummel; Smidt; Van Gerpen; Wetz; Speaker Hagg

     Excused were:
Collier; Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 220 and pending amendment were laid on the table.

     Rep. Jorgensen moved that the House do now reconsider the vote by which SB 225 was lost.

     The question being on Rep. Jorgensen's motion that the House do now reconsider the vote by which SB 225 was lost.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Kredit; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Weber; Wetz; Wick; Windhorst

     Nays were:
Cerny; Chicoine; Crisp; Davis; de Hueck; Duenwald; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Speaker Hagg

     Excused were:
Collier; Volesky


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 225 was up for reconsideration and final passage.

     SB 225:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to workers' compensation during a period of rehabilitation.

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

r-225a

     Rep. Windhorst moved that SB 225 be amended as follows:

     On page 1 , line 13 of the House Judiciary committee engrossed bill , delete " For the purpose of this title, " and insert " Evidence of " .

     On page 1 , line 14 , delete " as evidence of " and insert " to determine " .

     On page 1 , line 15 , delete " intended to restore the injured employee " .

     Which motion prevailed and SB 225 was so amended.

     The question now being "Shall SB 225 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cutler; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koskan; Kredit; Madden; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Weber; Wetz; Wick; Windhorst

     Nays were:
Cerny; Chicoine; Crisp; Davis; de Hueck; Duxbury; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Monroe; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg

     Excused were:
Collier

     Absent and Not Voting were:
Duenwald; Moore

     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. Roe moved that the House do now reconsider the vote by which SB 23 was lost.

     The question being on Rep. Roe's motion that the House do now reconsider the vote by which SB 23 was lost.

     And the roll being called:

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

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

     Nays were:
Crisp; de Hueck; Gleason; Hagen; Koetzle; Lockner; Monroe; Moore; Pederson (Gordon)

     Excused were:
Collier

     Absent and Not Voting were:
Wick

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 23 was up for reconsideration and final passage.

     SB 23:   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to construct a performing arts center at South Dakota State University; to authorize South Dakota State University to contract with private parties to participate in financing, construction, and operation of a wellness center; and to make an appropriation therefor.

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

m-23

     Rep. Roe moved that SB 23 be amended as follows:

     Delete Rep. Putnam's previously adopted amendment as found on page 894.

     On page 2 of the Senate Appropriations committee engrossed bill , delete lines 5 to 9, inclusive, and insert:

"    Section 4. The administration of the design and construction of these modifications and facilities and oversight of building committees appointed therefor, as provided in §  5-14-3 shall be under the general charge and supervision of the Governor or his designee and the executive director of the Board of Regents."

     Which motion prevailed and SB 23 was so amended.

     The question now being "Shall SB 23 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 13, Excused 4, Absent and Not Voting 0

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

     Nays were:
de Hueck; Gleason; Hagen; Koetzle; Koskan; Lockner; Lucas; Moore; Napoli; Pederson (Gordon); Schrempp; Sokolow; Waltman

     Excused were:
Apa; Collier; Derby; Fitzgerald

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

     The question being on the title.

     Rep. Roe moved that the title to SB 23 be amended as follows:

     On page 1 , line 2 of the Senate Appropriations committee engrossed bill , after " University " insert " ; to authorize South Dakota State University to contract with private parties to participate in financing, construction, and operation of a wellness center; " .


     Which motion prevailed and the title was so amended.

     Rep. Eccarius now presiding.


     SB 222:   FOR AN ACT ENTITLED, An Act   to provide for the liability of certain prisoners confined to jail for the costs of certain services and confinement and to provide a lien therefor.

     Was read the second time.
x-222

     Rep. Hagg moved that SB 222 be amended as follows:

     On page 1 , line 9 of the Senate Judiciary committee engrossed bill , after " chapter 23A-27. " insert " The court shall fix the amount of reimbursement at the time of sentencing. "

     Which motion prevailed and SB 222 was so amended.

     The question now being "Shall SB 222 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 9, Excused 3, Absent and Not Voting 1

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

     Nays were:
Barker; Davis; Fischer-Clemens; Haley; Lockner; Lucas; Moore; Sokolow; Sperry

     Excused were:
Collier; Fitzgerald; Koetzle

     Absent and Not Voting were:
Hagen

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

     Rep. Gabriel moved that SB 239 be placed to precede SB 240 on today's calendar.

     Which motion prevailed and the bill was so placed.


     SB 239:   FOR AN ACT ENTITLED, An Act   to impose legal responsibility and tort liability for environmental damages caused by the negligent entrustment of livestock to another or negligent control or specification of design, construction, or operational instruction of livestock facilities.

     Was read the second time.

     The question being "Shall SB 239 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 5, Excused 3, 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; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; 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; Speaker Hagg

     Nays were:
Koskan; Schrempp; Sokolow; Sperry; Waltman

     Excused were:
Collier; Koetzle; Windhorst

     Absent and Not Voting were:
Moore

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

     Was read the second time.

     The question being "Shall SB 240 pass as amended?"

     And the roll being called:


     Yeas 58, Nays 11, Excused 1, Absent and Not Voting 0

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

     Nays were:
Apa; Crisp; de Hueck; Hagen; Kooistra; Kredit; Schrempp; Sokolow; Sperry; Waltman; Weber

     Excused were:
Collier

     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.

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

     Was read the second time.

     Rep. Koetzle moved the previous question.

     Which motion prevailed.

     The question being "Shall SJR 4 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 37, Excused 1, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Brooks; Brown (Richard); Chicoine; Cutler; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fitzgerald; Gabriel; Hagen; Haley; Hunt; Johnson (Doug); Koskan; Lee; Lockner; Lucas; McNenny; Munson (Donald); Pederson (Gordon); Pummel; Richter; Roe; Smidt; Sokolow; Solum; Sperry; Speaker Hagg


     Nays were:
Apa; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Crisp; Davis; de Hueck; Derby; Eccarius; Fischer-Clemens; Gleason; Hassard; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Madden; Matthews; Monroe; Moore; Napoli; Peterson (Bill); Putnam; Rost; Schaunaman; Schrempp; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

     Excused were:
Collier

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

     SB 235:   FOR AN ACT ENTITLED, An Act   to prevent criminals from suing their victims for damages.

     Was read the second time.

     The question being "Shall SB 235 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; 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; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier

     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. Hagg now presiding.


     SB 147:   FOR AN ACT ENTITLED, An Act   to study the effects of video lottery and its repeal, to prohibit the placement of additional video lottery machines, and to declare an emergency.

     Was read the second time.
f-147a

     Rep. Moore moved that SB 147 be amended as follows:

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

"      Section  8.  The Executive Board of the Legislative Research Council shall conduct a thorough and comprehensive review of all forms of legal and illegal gaming and gambling in South Dakota. The Executive Board shall report its findings to the 2000 Legislature. The Executive Board shall oversee an independent study completed by a neutral independent firm, in cooperation with the gaming industry and the state. The study shall include: video lottery, scratch and match lottery, on-line lottery, Deadwood and Indian style gaming, dog and horse racing, bingo, raffles, sweepstakes, and other forms of legal and illegal gaming. The study shall concern the following areas:

             (1)    The impact that gaming has on the state budget and if certain forms of illegal gaming were legalized, the amount of revenue that may be received by the state;

             (2)    A recommendation, if other forms of gaming are legalized, on how to best manage, operate, and collect the revenue;

             (3)    The social and economic problems for gamblers and the gambler's family and recommendations on how to treat and care for these individuals and families;

             (4)    A recommendation on how to address the concerns of the public related to gaming;

             (5)    The impact on employment, wages, and benefits of persons employed by the gaming industry, and the potential economic impact on cities, industry, population growth, and tourism, if video lottery and other forms of gaming are repealed;

             (6)    A finding on whether the revenues collected through gaming outweigh the need to repeal certain forms of gaming within the state;

             (7)    Recommendations on alternative sources of revenue to replace any potential lost revenue or other means to balance the state budget.

     The cost of hiring the independent firm shall be paid through the budget of the South Dakota Lottery. "

     The question being on Rep. Moore's motion to amend SB 147.

    A roll call vote was requested and supported.


     And the roll being called:

     Yeas 29, Nays 37, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Broderick; Brown (Jarvis); Cerny; Chicoine; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Lee; Lockner; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Schrempp; Sokolow; Solum; Van Gerpen; Waltman; Weber

     Nays were:
Belatti; Brooks; Brown (Gary); Brown (Richard); Cutler; de Hueck; Derby; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Jaspers; Jorgensen; Konold; Kooistra; Kredit; Lucas; Madden; Matthews; Monroe; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Collier; Duniphan

     Absent and Not Voting were:
Crisp; Gabriel

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

     The question being "Shall SB 147 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; de Hueck; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Barker; Broderick; Chicoine; Davis; Derby; Diedrich; Duenwald; Gleason; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Moore; Pederson (Gordon); Schaunaman; Schrempp; Volesky; Windhorst

     Excused were:
Collier; Duniphan


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

     Was read the second time.

     Rep. Richter moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 124 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 36, Excused 4, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; Duenwald; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Jaspers; Kazmerzak; Konold; Lee; Lockner; Lucas; McNenny; Monroe; Moore; Pummel; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz

     Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cutler; de Hueck; Diedrich; Duxbury; Eccarius; Fiegen; Gabriel; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Madden; Matthews; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Smidt; Van Gerpen; Wick; Windhorst; Speaker Hagg

     Excused were:
Barker; Collier; Derby; Duniphan

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

     Rep. Diedrich now presiding.

     SB 237:   FOR AN ACT ENTITLED, An Act   to revise the grounds for jury challenges for cause.

     Was read the second time.



     Rep. Waltman moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 237 pass?"

     And the roll being called:

     Yeas 21, Nays 45, Excused 3, Absent and Not Voting 1

     Yeas were:
Belatti; Brooks; Brown (Richard); Cutler; Duenwald; Fitzgerald; Gabriel; Hunt; Jaspers; Jorgensen; Madden; Monroe; Munson (Donald); Peterson (Bill); Putnam; Richter; Rost; Schaunaman; Solum; Van Gerpen; Volesky

     Nays were:
Apa; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Eccarius; Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Napoli; Pederson (Gordon); Pummel; Roe; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Barker; Collier; Duniphan

     Absent and Not Voting were:
Duxbury

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

     Speaker Hagg now presiding.

     There being no objection, the House reverted to Order of Business No. 6.


REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

    The Conference Committee respectfully reports that it has considered HJR 1002 and the amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and recommends that HJR 1002 be amended as follows:

f-j1002

     On the Senate State Affairs committee engrossed resolution, delete everything after the resolving clause and insert:

     Section 1. That at the next general election held in the state, the following amendments to Article III, section 3 and Article IV, section 2 of the Constitution of the State of South Dakota, as set forth in sections 2 and 3 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

     Section 2. That Article III, section 3 of the Constitution of the State of South Dakota, be amended to read as follows:

     §   3.   No person shall be is eligible to for the office of senator who is not a qualified elector in the district from which he may be such person is chosen, and a citizen of the United States, and who shall has not have attained the age of twenty-five twenty-one years, and who shall has not have been a resident of the state or territory for two years next preceding his election.

    No person shall be is eligible to for the office of representative who is not a qualified elector in the district from which he may be such person is chosen, and a citizen of the United States, and who shall has not have been a resident of the state or territory for two years next preceding his election, and who shall has not have attained the age of twenty-five twenty-one years.

    No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature: provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the Legislature or become a member thereof.

     Section 3.That Article IV, section 2 of the Constitution of the State of South Dakota, be amended to read as follows:

     §   2.   The Governor and lieutenant governor must be citizens of the United States , have attained the age of twenty-one years, and be residents of the State of South Dakota for two years preceding their election. They shall be jointly elected for a term of four years at a general election held in a nonpresidential election year. The candidates having the highest number of

votes cast jointly for them shall be elected. Commencing with the 1974 general election, no person shall be elected to more than two consecutive terms as Governor or as lieutenant governor. The election procedure shall be as prescribed by law.


f-j1002t

     On page 1 , line 2 of the Senate State Affairs committee engrossed resolution , delete " an amendment " and insert " amendments to Article III, section 3 of the Constitution of the State of South Dakota, relating to the age qualifications for legislative office, and " .

Respectfully submitted,    Respectfully submitted,
BILL NAPOLI    ALAN AKER
ROBERT R. WEBER    BOB DRAKE
PAT HALEY    PAUL SYMENS
House Committee    Senate Committee


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1272 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 53 and 86.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1142 and 1238 were tabled.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1160, 1257, and 1302 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 HB 1019, 1022, 1023, 1097, 1146, 1269, and 1315 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Frederick, Staggers, and Hutmacher 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 HB 1067.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Whiting, Daugaard, and Flowers 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 HB 1270.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 5 and 6 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 9:30 a.m. on Wednesday, February 25th, the 32nd legislative day.

     Which motion prevailed.

     Rep. Gabriel moved that consideration of concurrence in Senate amendments for HB 1071, 1133, 1134, 1161, and 1245 be deferred until Wednesday, February 25th, the 32nd legislative day.

     Which motion prevailed and the bills were so deferred.

     HCR 1016   Introduced by:  Representatives Windhorst, Apa, Belatti, Duenwald, Eccarius, Fitzgerald, Hagen, Haley, Jaspers, Koetzle, Koskan, Lucas, Napoli, Roe, Smidt, and Wick and Senators Staggers, Aker, Albers, Brosz, Johnson (William), Lawler, and Shoener

A CONCURRENT RESOLUTION,  Proclaiming December fifteenth, Bill of Rights Day.


     WHEREAS,  our Founding Fathers, having fought a revolution to throw off tyranny and secure the blessings of liberty to their countrymen and their posterity, did ordain and establish a government bound by a Constitution, the law of this great land; and

     WHEREAS,  the representatives of a number of the States, understanding from their study of history that governments tend to abuse their powers, refused to enter their States into the Union without restrictive clauses in the Constitution declaring what the government was not allowed to do; and

     WHEREAS,  these restrictive clauses were added in the form of the first ten Amendments to the United States Constitution, and were thereafter known collectively as the Bill of Rights; and

     WHEREAS,  the Bill of Rights recognizes and guarantees, against infringement by government, the preexisting and unalienable individual rights and freedoms for which peoples of all races have struggled for thousands of years, and which were granted not by our government, but by our Creator; and

     WHEREAS,  in order to preserve these rights, great numbers of our Forefathers, and men and women of our armed forces and uniformed services, and of our citizenry, have fought, suffered, sacrificed, and died; and

     WHEREAS,  the Bill of Rights was ratified on December 15, 1791; and

     WHEREAS,  the anniversary of the ratification of the Bill of Rights provides a historic opportunity for all Americans to reflect upon the meaning and importance of the Bill of Rights, to realize and ponder the sacrifices and achievements of the Founders, and to understand and appreciate the rights and responsibilities of citizenship of this great nation:

     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 Legislature hereby proclaims December fifteenth of every year be designated a working holiday named "Bill of Rights Day," encourages our citizens to observe this day, fly the flag, and read the Bill of Rights for themselves and to their children, urges all primary and secondary schools to take this day to reflect, with their pupils and students, upon the meaning and importance of each of the ten Amendments which make up the Bill of Rights, and hereby proclaims that the first annual Bill of Rights Day in South Dakota shall be on December 15, 1998.

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

     SCR 5:   A CONCURRENT RESOLUTION,   Urging the Congress of the United States to pass legislation reauthorizing the federal highway program by May 1, 1998.

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


     SCR 6:   A CONCURRENT RESOLUTION,   Endorsing the We the People . . . Project Citizen Program.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1140, 1162, 1200, 1217, 1272, 1288, 1306, 1316, and 1329 and finds the same correctly enrolled.


Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1140: FOR AN ACT ENTITLED, An Act  to provide for the regulation of boat dealers.

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

     HB 1200: FOR AN ACT ENTITLED, An Act  to establish a holiday to observe the ratification of the Bill of Rights.

     HB 1217: FOR AN ACT ENTITLED, An Act  to revise certain aerial hunting provisions.

     HB 1272: FOR AN ACT ENTITLED, An Act  to require certain children in passenger vehicles to be in a child passenger restraint system.

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

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

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

     HB 1329: FOR AN ACT ENTITLED, An Act  to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.


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

     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.

     SB 35: FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the discharge of certain weapons at game while in or on a motor vehicle.

     SB 41: FOR AN ACT ENTITLED, An Act  to allow certain adjudicated children to be placed in a juvenile correctional facility, foster home, group home, group care center, or residential treatment center pursuant to chapter 26-11A.

     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.

     SB 54: FOR AN ACT ENTITLED, An Act  to revise the definition of real estate salesperson.

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

     SB 82: FOR AN ACT ENTITLED, An Act  to prohibit certain deceptive acts and practices with regard to lodging establishments and campgrounds and to require that certain records be kept.

     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.

     SB 109: FOR AN ACT ENTITLED, An Act  to revise provisions concerning stop loss or excess insurance.

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

     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.

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

    And signed the same in the presence of the House.

     Rep. Crisp moved that the House do now adjourn, which motion prevailed, and at 7:59 p.m. the House adjourned.

KAREN GERDES, Chief Clerk