Joint Journal 02/18/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 18, 1999

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by House page Matt Oedekoven.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,

ROGER W. HUNT, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1302, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

j-1302b

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

" Section 1. That § 37-24-6 be amended by adding thereto a NEW SUBDIVISION to read as follows:

Knowingly advertise or cause to be listed through the internet or in a telephone directory a business address or local telephone number that misrepresents where the business is actually located or operating or that falsely states that the business is located or operating in the same area covered by the telephone directory. This subdivision does not apply to a telephone service provider, an internet service provider, or a publisher or distributor of a telephone directory, unless the conduct proscribed in this subdivision is on behalf of the provider, publisher, or distributor. This subdivision does not apply to a telephone service provider that lists, in a telephone directory, a local telephone number that forwards calls to provide customer service. "

j-1302c

On the previously adopted amendment (j-1302b), in the last sentence, after "to a" insert "person or".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1293 which was deferred to the 41st legislative day.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1218 and returns the same with the recommendation that said bill be amended as follows:

z-1218c

On page 1 , line 7 of the printed bill , delete everything after " Dakota " and insert " Board of Regents; " .

On page 2 , line 21 , delete everything after " Section 4. " .

On page 2 , delete lines 22 to 24 , inclusive , and insert " The Board of Regents shall oversee the fund created in this Act and make loans to eligible " .

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

On page 3 , line 6 , delete " board " and insert " Board of Regents " .

On page 3 , line 11 , delete everything after " Section 7. " and insert " Any student selected for a loan pursuant to this Act shall sign a contract agreeing to comply with " .

On page 3 , line 12 , delete " participation in the program according to " .

On page 4 , line 7 , delete " prepay " and insert " repay " .

On page 4 , line 22 , delete " of directors " .

On page 5 , line 2 , delete " of directors " .

On page 5 , after line 4 , insert:

" Section 11. There is hereby appropriated from the general fund the sum of two hundred four thousand dollars ($204,000), or so much thereof as may be necessary, to the Board of Regents for deposit in the South Dakota first education loan program fund to make loans pursuant to this Act.

Section 12. There is hereby appropriated the sum of one hundred thirty-six thousand dollars ($136,000) of other fund expenditure authority to the Board of Regents to make loans pursuant to this Act.

Section 13. The Board of Regents shall annually determine, based upon each university's percentage share of the most recent system total of full-time equivalent student fall enrollment, the total amount of loans which may be allocated to each university. The percentage distributions are as follows: Black Hills State University, thirteen percent; Dakota State University, five percent; Northern State University, ten percent; South Dakota School of Mines and Technology, nine percent; South Dakota state University, thirty-four percent; and the University of South Dakota, twenty-eight percent.

Section 14. 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.

Section 15. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2000, shall revert in accordance with § 4-8-21.

Section 16. The Board of Regents shall annually provide the state treasurer a report indicating the recipients of loans pursuant to this Act, and copies of contracts.

Section 17. The state treasurer may promulgate rules, pursuant to chapter 1-26, to establish: procedures for notifying contract violators; collection procedures; forgiveness or deferment procedures and special circumstances; and repayment schedules. "

z-1218f

Delete the previous amendment z-1218c.

On page 1 , line 7 of the printed bill , delete everything after " Dakota " and insert " Board of Regents; " .

On page 2 , line 21 , delete everything after " Section 4. " .

On page 2 , delete lines 22 to 24 , inclusive , and insert " The Board of Regents shall oversee the fund created in this Act and make loans to eligible " .

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

On page 3 , line 6 , delete " board " and insert " Board of Regents " .

On page 3 , line 11 , delete everything after " Section 7. " and insert " Any student selected for a loan pursuant to this Act shall sign a contract agreeing to comply with " .

On page 3 , line 12 , delete " participation in the program according to " .

On page 4 , line 7 , delete " prepay " and insert " repay " .

On page 4 , line 22 , delete " of directors " .

On page 4 , line 23 , delete " and " .

On page 5 , delete lines 2 to 4 , inclusive , and insert:

" organizations, as approved by the board, one-tenth of the loan principal balance and its interest is forgiven; and

(4) For each year following graduation from an eligible institution that the student lives and works in South Dakota, even if the student has lived and worked outside of South Dakota for a time and then returned to South Dakota to establish permanent residence, one-tenth of the loan principal balance and its interest is forgiven.

Section 11. There is hereby appropriated from the general fund the sum of two hundred four thousand dollars ($204,000), or so much thereof as may be necessary, to the Board of Regents for deposit in the South Dakota first education loan program fund to make loans pursuant to this Act.

Section 12. There is hereby appropriated the sum of one hundred thirty-six thousand dollars ($136,000) of other fund expenditure authority to the Board of Regents to make loans pursuant to this Act.

Section 13. The Board of Regents shall annually determine, based upon each university's percentage share of the most recent system total of full-time equivalent student fall enrollment, the total amount of loans which may be allocated to each eligible institution. If an eligible institution does not participate in the program, its share of the amount available for loans shall be redistributed to the participating eligible institutions.

Section 14. 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.

Section 15. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2000, shall revert in accordance with § 4-8-21.

Section 16. The Board of Regents shall annually provide the state treasurer a report indicating the recipients of loans pursuant to this Act, and copies of contracts.

Section 17. The state treasurer shall promulgate rules, pursuant to chapter 1-26, to establish: procedures for notifying contract violators; collection procedures; forgiveness or deferment procedures and special circumstances; and repayment schedules.

Section 18. The state treasurer is directed to transfer to the state general fund the sum of two hundred four thousand dollars ($204,000) from the private activity bond fees fund, created in § 1-7-10, for the purposes of this Act. "

z-1218t

On page 1 , line 1 of the printed bill , after " program " insert " and to make an appropriation therefor " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1124 and 1133 which were deferred to the 41st legislative day.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1005, which was removed from the table, and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 36 and 6 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 1 and 2 and returns the same with the recommendation that said resolutions be concurred in and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1125, which was removed from the table, and was retabled.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1234 which was deferred to the 41st legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 99 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1164 and returns the same with the recommendation that said bill be amended as follows:

r-1164

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

" Section 1. That chapter 11-2 be amended by adding thereto a NEW SECTION to read as follows:

Any person who is aggrieved by the adoption of an emergency temporary zoning ordinance pursuant to § 11-2-10 or any other emergency ordinance, zoning map, or other official control authorized pursuant to this chapter may seek an injunction against it in any court of appropriate jurisdiction based on the grounds that the emergency temporary zoning ordinance or other emergency ordinance, zoning map, or official control authorized pursuant to this chapter is not necessary to protect the public health, safety, and public welfare. If the court finds that the emergency temporary zoning ordinance or other emergency ordinance, zoning map, or official control authorized pursuant to this chapter is not necessary to protect the public health, safety, and general welfare, the court shall declare the ordinance or other emergency ordinance, zoning map, or official control authorized pursuant to this chapter null and void. "

r-1164t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide certain injunctive relief against unwarranted emergency zoning ordinances, zoning maps, and other official controls. " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1224, which was amended as follows:

r-1224

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

" Section 1. That chapter 9-35 be amended by adding thereto a NEW SECTION to read as follows:

No municipality may grant any franchise for CATV service with an annual occupational tax different than that offered to any other CATV franchisee. "

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

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 27 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1178 and returns the same with the recommendation that said bill be amended as follows:

d-1178b

On page 3 , between lines 9 and 10 of the printed bill , insert:

" (1) "Level one disability," a speech or language disability;

(2) "Level two disability," a learning disability or other health impairment;

(3) "Level three disability," a preschool developmental delay;

(4) "Level four disability," a mental retardation or emotional disorder;

(5) "Level five disability," hearing impairment, deafness, visual impairment, deaf- blindness, orthopedic impairment, or traumatic brain injury;

(6) "Level six disability," autism;

(7) "Level seven disability," multiple disabilities; "

On page 3 , line 10 , delete " (1) " and insert " (8) " .

On page 3 , line 14 , delete " (2) " and insert " (9) " .

On page 3 , line 16 , delete " (3) " and insert " (10) " .

On page 3 , line 16 , delete " primary " and insert " level one " .

On page 3 , line 16 , delete " of autism " .

On page 3 , line 17 , delete " $14,759 " and insert " $2,295 " .

On page 3 , line 18 , delete " primary " and insert " level one " .

On page 3 , line 18 , delete " of autism " .

On page 3 , line 20 , delete " (4) " and insert " (11) " .

On page 3 , line 20 , delete " primary " and insert " level two " .

On page 3 , line 20 , delete " of deaf-blindness " .

On page 3 , line 21 , delete " $7,644 " and insert " $4,413 " .

On page 3 , line 22 , delete " primary " and insert " level two " .

On page 3 , line 22 , delete " of deaf-blindness " .

On page 3 , line 25 , delete " (5) " and insert " (12) " .

On page 3 , line 25 , delete " primary " and insert " level three " .

On page 4 , line 1 , delete " $11,144 " and insert " $6,487 " .

On page 4 , line 2 , delete " primary " and insert " level three " .

On page 4 , line 2 , delete " of deafness " .

On page 4 , line 4 , delete " (6) " and insert " (13) " .

On page 4 , line 4 , delete " primary " and insert " level four " .

On page 4 , line 4 , delete " of developmentally delayed " .

On page 4 , line 5 , delete " $6,288 " and insert " $8,090 " .

On page 4 , line 6 , delete " primary " and insert " level four " .

On page 4 , line 6 , delete " of developmentally " .

On page 4 , line 7 , delete " delayed " .

On page 4 , line 9 , delete " (7) " and insert " (14) " .

On page 4 , line 9 , delete " primary " and insert " level five " .

On page 4 , line 9 , delete " of hearing impairment " .

On page 4 , line 10 , delete " $9,702 " and insert " $10,272 " .

On page 4 , line 11 , delete " of hearing impairment " .

On page 4 , line 14 , delete " (8) " and insert " (15) " .

On page 4 , line 14 , delete " primary " and insert " level six " .

On page 4 , line 14 , delete " of mental retardation " .

On page 4 , line 15 , delete " $7,995 " and insert " $14,572 " .

On page 4 , line 16 , delete " primary " and insert " level six " .

On page 4 , line 16 , delete " of mental retardation " .

On page 4 , line 19 , delete " (9) " and insert " (16) " .

On page 4 , line 19 , delete " primary " and insert " level seven " .

On page 4 , line 19 , delete " of multiple disabilities " .

On page 4 , line 20 , delete " $15,863 " and insert " $15,626 " .

On page 4 , line 21 , delete " primary " and insert " level seven " .

On page 4 , line 21 , delete " of multiple disabilities " .

On page 4 , delete lines 24 and 25 .

On page 5 , delete lines 1 to 25 , inclusive .

On page 6 , delete lines 1 to 8 , inclusive .

On page 6 , line 14 , delete " primary " and insert " level one " .

On page 6 , line 14 , delete " of autism " .

On page 6 , line 16 , delete " primary " and insert " level one " .

On page 6 , line 16 , delete " of autism " .

On page 6 , line 17 , delete " primary " and insert " level two " .

On page 6 , line 17 , delete " of deaf-blindness " .

On page 6 , line 19 , delete " primary " and insert " level two " .

On page 6 , line 19 , delete " of deaf-blindness " .

On page 6 , line 20 , delete " primary " and insert " level three " .

On page 6 , line 20 , delete " of deafness " .

On page 6 , line 22 , delete " primary " and insert " level three " .

On page 6 , line 22 , delete "of deaf blindness".

On page 6 , line 23 , delete " primary " and insert " level four " .

On page 6 , line 23 , delete " of hearing impairment " .

On page 6 , line 25 , delete " primary " and insert " level four " .

On page 6 , line 25 , delete "of hearing impairment."

On page 7 , line 1 , delete " primary " and insert " level five " .

On page 7 , line 1 , delete " of mental retardation " .

On page 7 , line 3 , delete " primary " and insert " level five " .

On page 7 , line 3 , delete " of mental retardation " .

On page 7 , line 4 , delete " primary " and insert " level six " .

On page 7 , line 4 , delete " of multiple disabilities " .

On page 7 , line 6 , delete " primary " and insert " level six " .

On page 7 , line 6 , delete " of multiple disabilities " .

On page 7 , line 7 , delete " primary " and insert " level seven " .

On page 7 , line 7 , delete " of orthopedic " .

On page 7 , line 8 , delete " impairment " .

On page 7 , line 9 , delete " primary " and insert " level seven " .

On page 7 , line 9 , delete " of orthopedic " .

On page 7 , line 10 , delete " impairment " .

On page 7 , delete lines 11 to 25 , inclusive .

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

On page 8 , line 9 , delete " (n) " and insert " (h) " .

On page 8 , line 9 , delete " (m) " and insert " (g) " .

On page 9 , line 12 , delete " general " and insert " special education " .

On page 10 , line 7 , delete " 5 " and insert " 4 " .

On page 10 , between lines 8 and 9 , insert:

" Section 8A. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

In addition, for the purposes specified in § 13-37-40, money set aside pursuant to § 13-37-40 may be used by the Department of Education and Cultural Affairs to establish and maintain a program to assist school districts with legal matters relating to special education or to employ personnel to audit school districts for compliance with the provisions of this Act.

Section 8B. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

A level seven disability must meet criteria for at least two disability categories in levels four and five, excluding the combination of deafness and blindness.

Section 8C. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

Any student who is less than six years of age who meets the level three criteria, not including level one criteria, must be reported as a level three disability. However, a student who is younger than six years of age who has a level one disability must be reported as a level one disability.

Section 8D. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to define the various disabilities in this Act. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

c-1229

On page 2 , line 1 of the printed bill , delete " any policy " and insert " § 13-32-7 " .

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

On page 2 , line 3 , delete everything after " authorities " and insert " . " .

On page 2 , delete line 4 .

On page 2 , delete line 24 .

On page 2 , line 25 , delete everything before " child " and insert " A " .

On page 3 , delete line 1 , and insert " custody by a law enforcement officer who shall immediately notify an intake officer who shall conduct a hearing pursuant to § 26-7A-13. " .

On page 3 , delete lines 2 and 3 .

C-1229t

On page 1 , line 1 of the printed bill , delete everything after " require " and insert " the reporting of certain weapons violations on school premises to local law enforcement authorities. " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1162 which was tabled.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1103 which has 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 1014, 1128, 1142, 1255, and 1256 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 38, 60, 238, and 243 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved HB 1037 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

Rep. Weber moved that the Committee on Agriculture and Natural Resources be instructed to deliver HB 1233 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Monroe moved that the Committee on Health and Human Services be instructed to deliver HB 1008 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Young moved that the Committee on Commerce be instructed to deliver HB 1293 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 19th, the 28th legislative day.

Which motion prevailed.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1232 and returns the same with the recommendation that said bill be amended as follows:

f-1232

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

" Section 1. The Legislature finds:

(1) That at all times since July 1, 1974, § 10-33-10, as heretofore existing in the statutes of this state were intended by the Legislature to apply the operating property of each telephone company, including each wireless and cellular telephone company;

(2) That the Department of Revenue, in good faith, for the years 1992, 1993, 1994, 1995, and 1996 included property belonging to any wireless and cellular telephone company in the definition of operating property pursuant to § 10-33-10 assessed for taxation by the Department of Revenue;

(3) That each county in which any wireless and cellular telephone company operates taxed those wireless and cellular telephone companies based upon a value that was assessed by the Department of Revenue pursuant to § 10-33-10 for the years 1992, 1993, 1994, 1995, and 1996;

(4) That any wireless and cellular telephone company operating within the State of South Dakota in the years 1992, 1993, 1994, 1995, and 1996 did not object to operating property being assessed for taxation by the Department of Revenue pursuant to § 10- 33-10;

(5) That each county, in good faith, has received all sums paid pursuant to § 10-33-18, which taxes were assessed upon value of the wireless and cellular telephone companies as determined by the Department of Revenue;

(6) That the refund of taxes paid by each wireless and cellular telephone company to the counties for the years 1992, 1993, 1994, 1995, and 1996 would seriously impair the fiscal integrity of those counties;

(7) That the citizens of those counties which collected taxes based upon the valuation as determined by the Department of Revenue would be denied basic services of government in the event of such a refund or will be required to pay additional taxes to replace the revenues lost to the county treasuries, and therefore ultimately derive little benefit from any such refund; and

(8) That the retroactive application of this Act will not result in the collection of any additional taxes from the citizens of the state.

Section 2. The provisions of chapter 67 of the 1998 Session Laws of South Dakota are effective as follows:

(1) Retroactively for the time period between January 1, 1992, to December 31, 1996, inclusive; and

(2) Prospectively from July 1, 1998.

Section 3. The effect of the retroactivity provided for in section 2 of this Act is to cover the taxes that were collected by the counties from wireless and cellular telephone companies for the years 1992, 1993, 1994, 1995, and 1996.

Section 4. The collection of any taxes from each wireless and cellular telephone company by the counties for the years 1992, 1993, 1994, 1995, and 1996 as a result of having operating property assessed by the Department of Revenue, prior to the passage of this Act is hereby validated and ratified.

Section 5. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of the Act and the application of such provisions to persons and circumstances other than those as to which it is held invalid is not affected.

Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

f-1232t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for a retroactive application of the definition of telephone company operating property. " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1159, which was amended as follows:

f-1159a

On page 3 , line 4 of the printed bill , after " soil, " insert " location, size, " .

On page 3 , delete lines 11 to 15 , inclusive , and insert:

" Section 5. That § 10-6-33.6 be amended to read as follows:

10-6-33.6. If the ~~median value~~ cash rent per acre in an identifiable region within a county deviates by more than ten percent from the county average, the county director of equalization may establish a separate ~~market~~ value per acre for the land defined by the director of equalization within that region. "

On page 4 , line 8 , after " land's " insert " location, size, " .

On page 5 , delete lines 17 and 18 , and insert:

" ratio as provided for in § 10-11-55 and the most recent ~~assessment to full agricultural land value ratio~~ agricultural income value as provided for in § ~~10-11-57~~ 10-6-33.15 in the district are equal to eighty-five percent of market or income " .

and returns the same without recommendation as amended.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1175, which was removed from the table, and amended as follows:

f-1175

On page 1 , line 10 of the printed bill , delete " sixty " and insert " fifty-five " .

On page 1 , line 11 , delete " From 6,001 to 8,000 pounds, inclusive, " and insert " Over 6,000 pounds, sixty-five dollars. " .

On page 1 , delete lines 12 and 13 .

On page 1 , between lines 13 and 14 , insert:

" Section 2. That § 32-5-6.3 be amended to read as follows:

32-5-6.3. License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van ~~as provided by~~ licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

(1) Eight thousand pounds or less, inclusive, ~~forty-eight~~ fifty-five dollars;

(2) For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;

(3) For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;

(4) For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;

(5) For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed. "

and returns the same without recommendation as amended.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1167 and 1194, and HJR 1004, which were tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1190 which was deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

Transportation on SB 172 as found on pages 566 and 567 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

    Rep. Waltman moved that the word "not" be stricken from the report of the Committee on State Affairs on HJR 1002 as found on pages 560 and 561 of the House Journal and that HJR 1002 be placed on the calendar of Friday, February 19th, the 28th legislative day.

     The question being on Rep. Waltman's motion that the word "not" be stricken from the report of the Committee on State Affairs on HJR 1002 as found on pages 560 and 561 of the House Journal and that HJR 1002 be placed on the calendar of Friday, February 19th, the 28th legislative day.

     And the roll being called:

     Yeas 35, Nays 33, Excused 0, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Burg; Cerny; Chicoine; Crisp; Cutler; Diedtrich (Elmer); Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Munson (Donald); Nachtigal; Patterson; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Speaker Hunt

Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Diedrich (Larry); Duniphan; Earley; Eccarius; Fiegen; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koskan; McCoy; Michels; Monroe; Napoli; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Wetz; Windhorst; Wudel; Young

Absent and Not Voting were:
Duenwald; Peterson

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

Rep. Lucas announced his intention to reconsider the vote by which HJR 1002 was lost.

     Rep. Cutler moved that HB 1038 be placed on the calendar of Friday, February 19th, the 28th legislative day.

     The question being on Rep. Cutler's motion that HB 1038 be placed on the calendar of Friday, February 19th, the 28th legislative day.

     And the roll being called:

Yeas 56, Nays 14, Excused 0, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lucas; McCoy; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Chicoine; Davis; Fischer-Clemens; Haley; Koetzle; Koskan; Lockner; McIntyre; Nachtigal; Napoli; Patterson; Volesky; Weber; Wilson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1038 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 131: FOR AN ACT ENTITLED, An Act to revise the rate of reimbursement to the county for certain parole violator detention expenses.

Was read the second time.

     The question being "Shall SB 131 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

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.

SB 175: FOR AN ACT ENTITLED, An Act to establish a uniform fee for filing or indexing instruments with the register of deeds office and eliminate the fee for a satisfaction or termination of certain instruments.

Was read the second time.

     The question being "Shall SB 175 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 1, Absent and Not Voting 4

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Napoli

Excused were:
Duenwald

Absent and Not Voting were:
Diedrich (Larry); Klaudt; Koehn; Lintz

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

Was read the second time.

The question being "Shall SB 214 pass?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Duenwald

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 Eccarius now presiding.

There being no objection, the House proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 38: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the transfer of funds from the regulated substance response fund and to make an appropriation to the fund.

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

SB 60: FOR AN ACT ENTITLED, An Act to establish certain criteria for the state trunk highway system.

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

SB 238: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to regulate certain telecommunications services.

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

SB 243: FOR AN ACT ENTITLED, An Act to provide for the issuance of specialty license plates and organization decals.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Lucas moved that the House do now reconsider the vote by which HJR 1002 failed to be placed on the calendar.

     The question being on Rep. Lucas' motion to reconsider the vote by which HJR 1002 failed to be placed on the calendar.

     And the roll being called:

     Yeas 35, Nays 34, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Diedtrich (Elmer); Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Nachtigal; Patterson; Putnam; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson

Nays were:
Brooks; Clark; Davis; Derby; Diedrich (Larry); Duniphan; Earley; Eccarius; Fiegen; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; McCoy; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Duenwald

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

HB 1163: FOR AN ACT ENTITLED, An Act to increase the maximum amount allowable for the brand renewal fee.

Was read the second time.

x-1163

Rep. Cerny moved that HB 1163 be amended as follows:

On page 1 , line 10 of the printed bill , delete " ten " and insert " eight " .

On page 1 , line 11 , delete " fifty " and insert " forty " .

Which motion lost.

     The question being "Shall HB 1163 pass?"

     And the roll being called:

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

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Burg; Cerny; Davis; Haley; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Patterson; Volesky; Waltman; Weber; Windhorst

Excused were:
Cutler; Young

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.

HB 1287 : FOR AN ACT ENTITLED, An Act to increase the maximum amount allowable for the livestock ownership inspection fee.

Was read the second time.

     The question being "Shall HB 1287 pass?"

     And the roll being called:

     Yeas 47, Nays 20, Excused 3, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wetz; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Burg; Davis; Fischer-Clemens; Hagen; Haley; Koetzle; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Sutton (Daniel); Waltman; Weber; Wilson; Windhorst

Excused were:
Cutler; Engbrecht; Young

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.

HB 1284: FOR AN ACT ENTITLED, An Act to repeal capital punishment.

Was read the second time.

Rep. Fiegen moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1284 pass?"

     And the roll being called:

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

     Yeas were:
Broderick; Burg; Chicoine; Cutler; Davis; Derby; Engbrecht; Fischer-Clemens; Hagen; Haley; Kazmerzak; Koetzle; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

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

HB 1274: FOR AN ACT ENTITLED, An Act to provide for an early presidential primary.

Was read the second time.

f-1274b

Rep. Apa moved that HB 1274 be amended as follows:

On page 4 , after line 1 of the printed bill , insert:

" Section 8. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as follows:

Each county auditor shall submit an estimate by December first in the year preceding the presidential primary to the secretary of state for the cost of conducting a presidential primary. The state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose by December thirty-first. The amount of the payment shall be one hundred ten percent of the cost estimate submitted by the county. After the cost of the presidential primary has been paid, the county shall remit any remaining balance to the state by June first. If the county incurred a cost above the amount provided by the state, the county shall submit a statement requesting additional funds by June first and the state shall issue a warrant for payment by June thirtieth.

Section 9. There is hereby appropriated from the general fund the sum of four hundred fifty thousand dollars ($450,000), or so much thereof as may be necessary, to the secretary of state to reimburse counties as full and complete state payment for the cost of the 2000 presidential primary.

Section 10. Any amounts appropriated by section 9 of this Act not lawfully expended or obligated by June 30, 2000, shall revert in accordance with § 4-8-21. "

    A roll call vote was requested and supported.

     The question being on Rep. Apa's motion that HB 1274 be amended.

     And the roll being called:

     Yeas 41, Nays 29, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Roe; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst

Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Duenwald; Duniphan; Fiegen; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; Michels; Peterson; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Wetz; Wudel; Young; Speaker Hunt

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1274 was so amended.

     The question being "Shall HB 1274 pass as amended?"

     And the roll being called:

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

     Yeas were:
Brown (Richard); Cutler; Diedrich (Larry); Duenwald; Fiegen; Fitzgerald; Hennies; Konold; Koskan; Peterson; Smidt

Nays were:
Apa; Broderick; Brooks; Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis)

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

HB 1301: FOR AN ACT ENTITLED, An Act to limit the liability resulting from the manufacture, distribution, and sale of firearms.

Was read the second time.

j-1301a

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

On page 2 , line 2 of the House Judiciary committee engrossed bill , after " from " insert " failure of firearms to operate in a normal or usual manner due to " .

Which motion prevailed and HB 1301 was so amended.

The question being "Shall HB 1301 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hanson; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Burg; Chicoine; Fischer-Clemens; Hagen; Haley; Kazmerzak; Koetzle; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Waltman; Wilson

Excused were:
Brooks; Hennies

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 Hunt now presiding.

HB 1298: FOR AN ACT ENTITLED, An Act to require all programs and degrees provided by the Board of Regents be offered or conferred by the existing institutions.

Was read the second time.

     The question being "Shall HB 1298 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Brooks; Klaudt; McCoy

Excused were:
Hennies

Absent and Not Voting were:
Cutler

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

HB 1138: FOR AN ACT ENTITLED, An Act to account for how taxes are paid by certain manufactured homes for certain school purposes, to establish how the Department of Revenue shall adjust the computation for local effort, and to classify certain manufactured homes as real property for property tax purposes.

Was read the second time.

f-1138j

Rep. Larry Diedrich moved that HB 1138 be amended as follows:

On page 1 , line 12 of the House Taxation committee engrossed bill , after " for " delete " the purpose of the school general fund " and insert " school purposes. " .

On page 1 , line 13 , delete " and special education fund. "

f-1138i

Rep. Koskan moved as a substitute motion that HB 1138 be amended as follows:

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

" Section 1. The Executive Board of the Legislative Research Council shall appoint an interim legislative committee to determine the other revenue received by each school district, to study the current method for allocating each source of other revenue, and, if necessary, to study possible options for redistributing other revenue. Other revenue does not include revenue received from ad valorem taxation but does include any other source of funding received by a school district. The committee shall make a report of its findings and its recommendations to the 2000 Legislature. "

Rep. Lucas moved that Rep. Koskan's substitute motion to amend HB 1138 be laid on the table.

Which motion lost.

Rep. Klaudt moved the previous question.

    A roll call vote was requested and supported.

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

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Richter; Wetz; Young

     Excused were:
McNenny

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

     The question being on Rep. Koskan's substitute motion that HB 1138 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

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

     Yeas were:
Brooks; Crisp; Cutler; Derby; Diedtrich (Elmer); Duenwald; Eccarius; Fitzgerald; Hennies; Jaspers; Juhnke; Koskan; Putnam; Sutton (Duane); Weber; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Davis; Diedrich (Larry); Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Wetz; Wilson; Windhorst

Excused were:
McNenny

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 on Rep. Diedrich's motion to amend HB 1138.

A roll call vote was requested and not supported.

Which motion prevailed and HB 1138 was so amended.

    The question now being "Shall HB 1138 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Diedrich (Larry); Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young

Nays were:
Brooks; Cutler; Derby; Diedtrich (Elmer); Duenwald; Eccarius; Fitzgerald; Jaspers; Juhnke; Koskan; Sutton (Duane); Speaker Hunt

Excused were:
McNenny

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

HB 1283: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the licensing and regulation of the practices of architecture, engineering, land surveying, photogrammetry, landscape architecture, petroleum release assessment, and petroleum release remediation and to the certification of environmental technical services.

Was read the second time.

o-1283a

Rep. Richter moved that HB 1283 be amended as follows:

On page 2 , line 23 of the House Commerce committee engrossed bill , after " review " , coordination of a construction project among the owner, architect, engineer, contractor, and subcontractors,".

On page 25 , line 17 , before " . " insert " for persons licensed by the board " .

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

     The question being on Rep. Richter's motion that HB 1283 be amended.

     And the roll being called:

     Yeas 37, Nays 29, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Richard); Cerny; Clark; Davis; Derby; Diedtrich (Elmer); Duniphan; Earley; Engbrecht; Fiegen; Garnos; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Pummel; Putnam; Richter; Smidt; Sutton (Daniel); Volesky; Weber; Wetz; Windhorst; Young

Nays were:
Broderick; Brooks; Brown (Jarvis); Burg; Chicoine; Crisp; Diedrich (Larry); Duenwald; Fischer-Clemens; Fitzgerald; Hagen; Hennies; Jaspers; Koehn; Koetzle; Konold; Kooistra; Lintz; Munson (Donald); Patterson; Peterson; Roe; Sebert; Slaughter; Solum; Sutton (Duane); Waltman; Wilson; Speaker Hunt

Excused were:
Cutler; Eccarius; Fryslie; Wudel

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1283 was so amended.

     The question being "Shall HB 1283 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 27, Excused 2, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Konold; Kooistra; Lockner; McCoy; McIntyre; Michels; Munson (Donald); Patterson; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wilson; Wudel; Young

Nays were:
Apa; Burg; Cerny; Chicoine; Clark; Duenwald; Fiegen; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan; Lintz; Lucas; McNenny; Nachtigal; Napoli; Pummel; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hunt

Excused were:
Duniphan; Eccarius

Absent and Not Voting were:
Fitzgerald; Monroe

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. Peterson announced his intention to reconsider the vote by which HB 1283 was lost.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has reconsidered HB 1233, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

t-1233

On page 1 , line 7 of the printed bill , delete " south " and insert " South " .

On page 2 , line 11 , delete everything after " general " .

On page 2 , line 12 , delete everything before " shall " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1293, which was reconsidered, and returns the same without recommendation.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has removed HB 1008 from the table and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Kristie Fiegen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1015 was lost on second reading and final passage.

Respectfully,
PATRICIA ADAM, Secretary

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

HB 1215: FOR AN ACT ENTITLED, An Act to provide for the continuation at the state level of certain federal commodity checkoff programs and to allow certain state checkoff programs to temporarily suspend the collection of checkoff assessments.

Was read the second time.

     The question being "Shall HB 1215 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 48, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Diedtrich (Elmer); Haley; Hanson; Hennies; Kazmerzak; Koetzle; Konold; Kooistra; Lucas; McIntyre; Nachtigal; Roe; Sutton (Daniel); Volesky; Weber

Nays were:
Broderick; Brooks; Burg; Clark; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Duniphan

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

Rep. Cutler moved that HB 1273, 1248, 1260, and 1291 be deferred until Friday, February 19th, the 28th legislative day.

Which motion prevailed and the bills were so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 106, 10, 11, 12, 132, 47, 15, 79, 80, 126, 134, 103, 146, 34, 71, 52, 95, and 176 be deferred until Friday, February 19th, the 28th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1027, 1042, 1056, 1091, 1094, 1192, and 1217 were delivered to his Excellency, the Governor, for his approval at 3:15 p.m., February 18, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1014, 1128, 1142, 1255, 1256 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation, inspection, and transportation of livestock.

     HB 1128: FOR AN ACT ENTITLED, An Act to authorize the Banking Commission to establish rules regulating bank borrowings.

    HB 1142: FOR AN ACT ENTITLED, An Act to permit an increased proportion of a bank's stock and surplus to be invested in the value of the premises.

     HB 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions to require the offer of alcohol coverage under certain insurance policies.

     HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions to limit the cancellation of certain insurance policies.

     SB 32: FOR AN ACT ENTITLED, An Act to revise certain procedures concerning the contents, data, and form of a municipal initiative and referendum and to provide certain rule- making authority.

     SB 98: FOR AN ACT ENTITLED, An Act to require a bail bondsperson to be licensed in the state to conduct bail bondsperson activities in the state.

     And signed the same in the presence of the House.

COMMEMORATIONS

HC 1010 Introduced by: Representatives Apa and Young and Senator Dunn (Jim)

A LEGISLATIVE COMMEMORATION, Honoring Mr. Kent Meyers, Assistant Professor of English, at Black Hills State University, in Spearfish, South Dakota.

WHEREAS, Kent Meyers has served in the field of education at the collegiate level for eighteen years, sixteen of those years have been devoted to the students at Black Hills State University; and

WHEREAS, as an accomplished author Kent Meyers has received esteemed recognition for his writing, including the publication of two books The River Warren and The Witness of Combines and he received good reviews for his books in Publisher's Weekly and others. Mr. Meyers received 1998 honorable mention in the O. Henry Awards for his short story Light in the Crossing, was named 1998 South Dakota Author of the Year by the South Dakota Council of Teachers of English, received a bronze award from the Council for the Advancement and Support of Education in Best Article of the Year category in 1998, and was featured in the 1999 spring issue of the South Dakota Review; and

WHEREAS, Kent Meyers' past awards and recognition for his authorship include: the Theodore Christian Hoepfner Award for best short story published in Southern Humanities Review in 1997, a nomination for the Pushcart Prize for his work in 1997, being selected by the North Dakota Quarterly in 1997 for his essay Prairieland to be included in an anthology of the Northern Plains. Mr. Meyers works were twice listed as "Distinguished Stories" in the annual

Best American Short Stories and received the prestigious National Endowment for the Arts fellowship in 1992:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Kent Meyers be honored and recognized for exhibiting great prowess in his skill as an author, his love for life in the Midwest, his great appreciation for belles letres, and his astounding dedication to the honorable profession of English Education, in the State of South Dakota.

HC 1011 Introduced by: Representatives Patterson, Broderick, Brown (Richard), Chicoine, Davis, Fischer-Clemens, Hagen, Haley, Hanson, Hunt, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Nachtigal, Roe, Sutton (Daniel), Volesky, Waltman, and Wilson and Senators Duxbury, Hainje, Munson (David), Olson, and Symens

A LEGISLATIVE COMMEMORATION, Honoring Ms. Dayna Smith, a native of South Dakota and a photojournalist for the Washington Post, for winning the 1998 World Press Photo of the Year competition.

WHEREAS, Dayna Smith has been a photojournalist at the Washington Post for the last fourteen years, and her work with the newspaper at Brandon Valley High School first sparked her interest in a career in journalism; and

WHEREAS, Dayna Smith won the 1998 World Press Photo of the Year competition for the portrait she took of a grieving woman at the funeral of a guerrilla leader in Kosovo, Siberia; and

WHEREAS, the World Press Photo of the Year competition is one of the top three most prestigious awards given to photojournalists; and

WHEREAS, Dayna Smith's portrait was chosen from nearly thirty-nine thousand entries submitted by almost four thousand photographers from one hundred sixteen different countries:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Ms. Dayna Smith be recognized for her receipt of the 1998 World Press Photo of the Year award.

Rep. Duane Sutton moved that the House do now adjourn, which motion prevailed, and at 7:20 p.m. the House adjourned.

KAREN GERDES, Chief Clerk