Joint Journal 02/10/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 10, 1999

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

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by House page Jill Ireland.

     Roll Call: All members present except Reps. Davis and Klaudt who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

HONORED GUESTS

Rep. Haley introduced Shawna Gross, Miss South Dakota USA 1999 from Huron, SD.

Rep. Chicoine introduced Alexia Bonte, Miss South Dakota Teen USA 1999 from Beresford, SD.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1032, 1035, 1036, 1059, 1061, 1081, and 1085, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of SB 21 as found on pages 360 and 361 of the Senate Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of SB 21 be approved?"

     And the roll being called:

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

     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; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Davis; Klaudt; Koskan

Absent and Not Voting were:
Napoli; Putnam; Richter

So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1228, 1235, and 1272 which were deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1147 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill , delete everything after " construction " and insert " , completion, furnishing, equipping, and maintaining of a new roof on the Dakota Dome at the University of South Dakota, in Vermillion, Clay County, including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services as may be required to accomplish the purposes of this Act, all at the estimated cost of eleven million five hundred five thousand dollars ($11,505,000). The Building Authority may finance up to six million five hundred five thousand dollars ($6,505,000) of the construction costs through the issuance of revenue bonds, in accordance with this section and chapter 5-12. "

On page 1 , delete lines 6 to 10 , inclusive .

On page 2 , line 9 , delete "funds obtained for such purpose and" and insert " appropriations by the Legislature. "

And that as so amended said bill do pass.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1019, 1206, 1239, 1249, 1290, and 1300 which were deferred to the 41st legislative day.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 9 of the printed bill , after " shooting. " insert " A sport shooting range includes a law enforcement shooting range. " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1295 which was tabled.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1105, 1233, and 1286 which were deferred to the 41st legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1200 and 1299 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill be amended as follows:

On page 5 , delete lines 23 to 25 of the printed bill , inclusive , and insert:

" Section 6. That § 10-45-2 be amended to read as follows:

10-45-2. There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four and one-half percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as taxed by § 10-45-3 and except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.

Section 7. That § 10-45-3 be amended to read as follows:

10-45-3. There is hereby imposed a tax of three and one-half percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers; provided, however, that whenever any trade-in or exchange of used farm machinery is involved in the transaction, the tax shall only be due and collected on the cash difference.

Section 8. That § 10-45-5 be amended to read as follows:

10-45-5. There is imposed a tax at the rate of three and one-half percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four and one-half percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by § 32-5-1 leased under a single contract for more than twenty-eight days and mobile homes provided, however, that the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of § 10-45-4.

Section 9. That § 10-45-5.3 be amended to read as follows:

10-45-5.3. There is imposed, at the rate of three and one-half percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

Section 10. That § 10-45-6 be amended to read as follows:

10-45-6. There is hereby imposed a tax of four and one-half percent upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to consumers or users.

Section 11. That § 10-45-6.1 be amended to read as follows:

10-45-6.1. There is hereby imposed on amounts paid for local telephone services, toll telephone services, and teletypewriter services, a tax of four and one-half percent of the amount so paid. The taxes imposed by this section shall be paid by the person paying for the services. If a bill is rendered the taxpayer for local telephone service or toll telephone service, the amount on which the tax with respect to such services shall be based shall be the sum of all charges for such services included in the bill; except that if a person who renders the bill groups individual items for purposes of rendering the bill and computing the tax, then the amount on which the tax for each such group shall be based shall be the sum of all items within that group, and the tax on the remaining items not included in any such group shall be based on the charge for each item separately. If the tax imposed by this section with respect to toll telephone service is paid by inserting coins in coin operated telephones, the tax shall be computed to the nearest multiple of five cents, except that, where the tax is midway between multiples of five cents, the next higher multiple shall apply. The tax so paid shall be remitted at the same time as the sales tax imposed by this chapter.

Section 12. That § 10-45-8 be amended to read as follows:

10-45-8. There is imposed a tax of four and one-half percent upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic events, except as otherwise provided in this chapter.

Section 13. That § 10-45-70 be amended to read as follows:

10-45-70. There is imposed a tax of four and one-half percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

Section 14. That § 10-45-71 be amended to read as follows:

10-45-71. There is imposed a tax of four and one-half percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

Section 15. That § 10-46-2.1 be amended to read as follows:

10-46-2.1. For the privilege of using services in South Dakota, except those types of services exempted by § 10-46-17.3, there is imposed on the person using the service an excise tax equal to four and one-half percent of the value of the services at the time they are rendered. However, this tax may not be imposed on any service rendered by a related corporation as defined in

subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term, related corporation, includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. § 1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. § 1563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his employer are not taxable.

Section 16. That § 10-46-2.2 be amended to read as follows:

10-46-2.2. An excise tax is imposed upon the privilege of the use of rented tangible personal property in this state at the rate of four and one-half percent of the rental payments upon the property.

Section 17. That § 10-46-57 be amended to read as follows:

10-46-57. There is imposed a tax of four and one-half percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

Section 18. That § 10-46-58 be amended to read as follows:

10-46-58. There is imposed a tax of four and one-half percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

Section 19. The effective date of this Act is July 1, 2001. "

Delete pages 6 and 7.

On page 1 , line 2 of the printed bill, delete everything after "placed" and insert " and to increase sales and use taxes. "

On page 1 , delete line 3 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1284 which was deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1025, 1026, 1090, 1112, 1126, and 1181 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 130, 145, 151, 209, and 214 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 concurred in House amendments to SB 94.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Donald Munson moved that the House do concur in Senate amendments to HB 1058.

     The question being on Rep. Donald Munson's motion that the House do concur in Senate amendments to HB 1058.

     And the roll being called:

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

     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; Koehn; Koetzle; Konold; Kooistra; 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; Wudel; Young; Speaker Hunt

Nays were:
Windhorst

Excused were:
Davis; Klaudt; Koskan

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

Yesterday, Rep. Donald Munson announced his intention to reconsider the vote by which SB 66 was lost.

No member moved to reconsider the vote by which SB 66 was lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on HB 1082 as found on page 428 of the House Journal; also

     Commerce on HB 1271 as found on page 429 of the House Journal; also

     Commerce on SB 50 as found on page 429 of the House Journal; also

     Local Government on HB 1257 as found on page 430 of the House Journal; also

     Education on HB 1184 as found on page 431 of the House Journal; also

     Education on HB 1243 as found on pages 431 and 432 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1177: FOR AN ACT ENTITLED, An Act to authorize the Board of Examiners of Psychologists to dismiss certain complaints.

Was read the second time.

The question being "Shall HB 1177 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

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; Koehn; Koetzle; Kooistra; 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:
Davis; Klaudt; Konold; Koskan

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1189: FOR AN ACT ENTITLED, An Act to repeal the requirement that certain proposals for the regulation of professions and occupations be reviewed prior to session.

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

     The question being "Shall HB 1189 pass?"

     And the roll being called:

     Yeas 36, Nays 30, Excused 3, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Richter; Sebert; Slaughter; Solum; Sutton (Duane); Weber; Speaker Hunt

Nays were:
Apa; Burg; Cerny; Chicoine; Crisp; Derby; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Putnam; Roe; Sutton (Daniel); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young

Excused were:
Davis; Klaudt; Smidt

Absent and Not Voting were:
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.

HB 1176: FOR AN ACT ENTITLED, An Act to require the secretary of revenue to establish certain fees that a county treasurer may charge for mailing licence plates and stickers.

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

Rep. Apa moved that HB 1176 be amended as follows:

On page 1 , line 12 of the printed bill , delete everything after " fee. " .

On page 1 , delete line 13 .

On page 1 , line 14 , delete everything before "If".

On page 1 , line 15 , delete everything after " pay " and insert " the actual costs of postage and handling " .

On page 1 , line 16 , delete " service " .

On page 2 , line 15 , delete everything after " ~~cents.~~ " and insert " If the applicant requests that the plates be mailed, the applicant shall pay " .

On page 2 , line 16 , delete " establish the fee for mailing the plates based on " .

Which motion prevailed and HB 1176 was so amended.

The question being "Shall HB 1176 pass as amended?"

And the roll being called:

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

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; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Wetz; Windhorst

Excused were:
Davis; Klaudt; Smidt

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. Apa moved that the title to HB 1176 be amended as follows:

On page 1 , line 1 of the printed bill , delete everything after " require " and insert " an applicant to pay the actual costs of postage and handling " .

On page 1 , line 2 , delete everything before " for " .

Which motion prevailed and the title was so amended.

HB 1067: FOR AN ACT ENTITLED, An Act to mandate driver's education, to increase certain fees, and to make a continuous appropriation to provide funding.

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

Rep. Koetzle moved the previous question.

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

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

     And the roll being called:

Yeas 41, Nays 26, Excused 3, Absent and Not Voting 0

Yeas were:
Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Diedrich (Larry); Duenwald; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel

Nays were:
Apa; Brown (Richard); Clark; Cutler; Derby; Diedtrich (Elmer); Duniphan; Earley; Fitzgerald; Jaspers; Juhnke; Kooistra; Lucas; McCoy; McNenny; Michels; Napoli; Peterson; Pummel; Putnam; Richter; Solum; Wetz; Windhorst; Young; Speaker Hunt

Excused were:
Broderick; Davis; Klaudt

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 "Shall HB 1067 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 32, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Earley; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hennies; Jaspers; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Peterson; Putnam; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson

Nays were:
Brooks; Cerny; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Hagen; Hanson; Juhnke; Konold; Koskan; Lintz; McNenny; Michels; Munson (Donald); Pummel; Richter; Slaughter; Smidt; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Broderick; Davis; Klaudt

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. Richard Brown announced his intention to reconsider the vote by which HB 1067 was lost.

Speaker Hunt now presiding.

HB 1297: FOR AN ACT ENTITLED, An Act to revise the circumstances under which it is not required to provide reasonable efforts to reunite parents with children adjudicated as abused and neglected.

Was read the second time.

Rep. Monroe moved that HB 1297 be amended as follows:

On page 1 , line 13 of the House State Affairs committee engrossed bill , after " a " insert " documented " .

On page 2 , line 11 , after " a " insert " documented " .

Which motion prevailed and HB 1297 was so amended.

Rep. Wilson moved that HB 1297 be amended as follows:

On page 1 , line 12 of the House State Affairs committee engrossed bill , after " ; " insert " or " .

On page 1 , delete line 13 .

On page 1 , line 14 , delete " (5) " and insert " (4) " .

On page 2 , line 10 , after " ; " insert " or " .

On page 2 , delete line 11 .

On page 2 , line 12 , delete " (5) " and insert " (4) " .

Rep. Jaspers moved the previous question.

Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Wilson's motion that HB 1297 be amended.

     And the roll being called:

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

Yeas were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Derby; Diedrich (Larry); Duenwald; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Koskan; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Sutton (Daniel); Volesky; Waltman; Wilson; Windhorst

Nays were:
Apa; Brooks; Clark; Crisp; Cutler; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Jaspers; Juhnke; Konold; Kooistra; Lintz; McCoy; McNenny; Michels; Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

Excused were:
Davis; Klaudt

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 HB 1297 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Lucas; McCoy; McNenny; Michels; 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; Cerny; Chicoine; Hagen; Haley; Hanson; Koehn; Koetzle; Koskan; Lintz; Lockner; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Waltman; Wilson

Excused were:
Davis; Klaudt

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.

HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX of the Constitution of the State of South Dakota, authorizing local initiatives to provide for the cooperation and organization of local government.

Was read the second time.

Rep. Peterson moved that HJR 1007 be amended as follows:

On page 1 , line 12 of the House State Affairs committee engrossed resolution , after " between " insert " local " .

Which motion prevailed and HJR 1007 was so amended.

Rep. Hennies moved that HJR 1007 be further amended as follows:

On page 2 , line 2 of the House State Affairs committee engrossed resolution , delete everything after " election. "

On page 2 , delete line 3 .

Which motion prevailed and HJR 1007 was so amended.

     The question now being "Shall HJR 1007 pass as amended?"

     And the roll being called:

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

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Koehn; Koskan; Lucas; McCoy; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Burg; Chicoine; Crisp; Duenwald; Engbrecht; Hagen; Hanson; Juhnke; Kazmerzak; Konold; Kooistra; Lintz; Lockner; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Sebert; Sutton (Daniel); Waltman; Weber; Wetz; Wilson; Windhorst

Excused were:
Davis; Klaudt

Absent and Not Voting were:
Haley; Koetzle

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

HB 1160: FOR AN ACT ENTITLED, An Act to permit a municipality or county to issue a temporary special retail on-sale wine dealers' license for certain special events.

Was read the second time.

     The question being "Shall HB 1160 pass?"

     And the roll being called:

     Yeas 52, Nays 10, Excused 5, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Jaspers; Juhnke; Kazmerzak; Koehn; Konold; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Windhorst; Wudel

Nays were:
Cerny; Engbrecht; Fiegen; Kooistra; Lockner; Monroe; Volesky; Waltman; Weber; Speaker Hunt

Excused were:
Davis; Hennies; Klaudt; Smidt; Young

Absent and Not Voting were:
Haley; Koetzle; 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.

HB 1262: FOR AN ACT ENTITLED, An Act to provide a procedure to form a road district if there is three or less landowners.

Was read the second time.

The question being "Shall HB 1262 pass?"

And the roll being called:

Yeas 63, Nays 3, Excused 3, 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; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Koehn; Putnam; Wetz

Excused were:
Davis; Klaudt; Smidt

Absent and Not Voting were:
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.

HB 1251: FOR AN ACT ENTITLED, An Act to establish the A+ Schools Program and the A+ Schools Partnership Fund.

Was read the second time.

Rep. Hagen moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1251 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Earley; Eccarius; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hennies; Juhnke; Kazmerzak; Koetzle; Konold; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Nachtigal; Patterson; Peterson; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Wilson

Nays were:
Cerny; Chicoine; Diedrich (Larry); Duenwald; Duniphan; Engbrecht; Fiegen; Fitzgerald; Hanson; Jaspers; Koehn; Kooistra; Koskan; Lintz; McNenny; Munson (Donald); Napoli; Pummel; Putnam; Richter; Roe; Sutton (Duane); Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Davis; Klaudt

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. Richard Brown announced his intention to reconsider the vote by which HB 1251 was lost.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 130: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions relating to third offense assault.

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

SB 145: FOR AN ACT ENTITLED, An Act to authorize the donation of annual leave by state employees in certain circumstances.

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

SB 151: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prices for residential and business local exchange service that may be charged by certain telecommunications companies.

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

SB 209: FOR AN ACT ENTITLED, An Act to provide certain incentives for school consolidation.

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

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 first time and referred to the Committee on Judiciary.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 97 and 93 be deferred until Thursday, February 11th, the 23rd 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 1037, 1040, and 1052 were delivered to his Excellency, the Governor, for his approval at 3:12 p.m., February 10, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1025, 1026, 1058, 1090, 1112, 1126, and 1181 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1025: FOR AN ACT ENTITLED, An Act to revise confidentiality provisions regarding Department of Social Services record information concerning abuse or neglect resulting in the fatality or near fatality of a child.

     HB 1026: FOR AN ACT ENTITLED, An Act to require a permanency hearing to be held if the court has determined that reasonable efforts are not appropriate, to require that the court determine a compelling reason exists when long-term foster care is proposed as a permanent plan, and to clarify what circumstances constitute long-term foster care for children adjudicated as abused or neglected.

     HB 1058: FOR AN ACT ENTITLED, An Act to revise the Board of Accountancy's authority regarding certificate holders not in public practice and to revise certain educational, continuing education, and examination requirements for licensees and certificate holders.

     HB 1090: FOR AN ACT ENTITLED, An Act to revise administrative procedures regarding the filing of a notice of appeal, an application for a stay pending appeal, and the time for serving briefs.

     HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to tampering with public water systems and to provide a penalty therefor.

     HB 1126: FOR AN ACT ENTITLED, An Act to standardize publication and hearing requirements for municipal and county planning and zoning procedures.

     HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to small claims proceedings.

     And signed the same in the presence of the House.

Rep. Eccarius moved that the House do now adjourn, which motion prevailed, and at 5:15 p.m. the House adjourned.

KAREN GERDES, Chief Clerk