JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 16, 2002

     The House convened at 2:00 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 Kajsa Perman.

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

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the 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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1070 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1062 and 1064 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1017 and returns the same with the recommendation that said bill be amended as follows:

1017ja
     On page 1, line 14 of the printed bill, after " psychiatrist " overstrike " to " and insert " within three days after receipt of the petition. The licensed psychologist or psychiatrist shall ".

     On page 1 , line 14, after " and " overstrike " to " .

     On page 10 , line 14, after " provider " insert "or facility".

     On page 10 , line 23, delete " ro " and insert "to".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1044 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

 Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1037 and 1038 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1035 and tabled the same.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1055 which was deferred to the 36th Legislative Day.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1052 and 1053 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 1039 and returns the same with the recommendation that said bill be amended as follows:

1039ja
     On page 2 of the printed bill, after line 1, insert:

"      Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

     No information from a concealed pistol permit issued pursuant to §  23-7-8 may be transferred by the local issuing authority to any agency other than the secretary of state. The secretary of state may not allow information from any concealed pistol permit to be electronically accessible to any other agency or person or to be transferred to any other agency or person for the purpose of establishing or maintaining a statewide electronic database.".

     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 1054 and returns the same with the recommendation that said bill be amended as follows:

s1054a
     On page 3, line 4 of the printed bill, delete " ten " and insert " five ".

     On page 3 , line 8, after " . " insert "The requirement to serve the committee in subdivision (9) may be waived by the committee chair if the agency presents sufficient reasons to the committee chair that the agency is unable to comply with the time limit. The waiver may not be granted solely for the convenience of the agency.".

     And that as so amended said bill do pass.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 8, 9, 11, 12, 13, 18, 20, 38, 42, and 44 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Urging the United States Army Corps of Engineers to reconsider its Draft Implementation Plan for the Final Biological Opinion on Operation of the Missouri River Main Stem Reservoir System.

     Rep. Kloucek moved that HCR 1002 as found on pages 113 and 114 of the House Journal be adopted.

     The question being on Rep. Kloucek's motion that HCR 1002 be adopted.

     And the roll being called:

     Yeas 59, Nays 9, Excused 2, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Adelstein; Clark; Duenwald; Hansen (Tom); Jaspers; Klaudt; Konold; McCoy; Napoli

     Excused:
McCaulley; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

     HCR 1003   Introduced by:  Representatives Kloucek, Burg, Lange, and Sigdestad and Senator Koetzle

         A CONCURRENT RESOLUTION,  Requesting the appointment of a special task force to study a corporate franchise tax and propose a ballot measure and legislation concerning a corporate franchise tax to fund secondary education.

     WHEREAS,  it is the goal of the Legislature to decrease the taxation of property by approximately ten percent from current levels; and

     WHEREAS,  additional funding for secondary education should be achieved by alternatives other than increasing or broadening the sales and use tax; and

     WHEREAS,  further funding for secondary education could be accomplished by obtaining revenue from corporations through a franchise tax without discouraging business investment and expansion:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Governor and Legislature should appoint a special task force to study a corporate franchise tax and propose any legislation and ballot measures necessary to implement the tax and provide additional funding for secondary education; and

     BE IT FURTHER RESOLVED,  that the task force be comprised of civic and business leaders and current members of the Legislature; and

     BE IT FURTHER RESOLVED,  that one task force member who shall serve as the chair of the task force be appointed by the Governor; and
     BE IT FURTHER RESOLVED,  that two task force members be appointed by each of the following officers: the republican leader of the Senate, the democratic leader of the Senate, the republican leader of the House of Representatives, and the democratic leader of the House of Representatives; and

     BE IT FURTHER RESOLVED,  that each officer of the Legislature shall appoint one civic or business leader and one current member of the Legislature: and

     BE IT FURTHER RESOLVED,  that task force shall report to the 2003 Legislature.

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

     HCR 1004   Introduced by:  Representatives Davis, Bartling, Burg, Duniphan, Elliott, Glenski, Hanson (Gary), Hargens, Hennies (Don), Hennies (Thomas), Hundstad, Kloucek, Peterson (Jim), Sigdestad, and Van Norman and Senators McIntyre, Albers, Brown (Arnold), Dennert, Hutmacher, Koetzle, Reedy, Staggers, and Sutton (Dan)

         A CONCURRENT RESOLUTION,  Urging the study of the problem of teenage in-vehicle drinking and drug use.

     WHEREAS,  teenagers with ready access to motor vehicles have become increasingly mobile, adding a new fluid dynamic to the manner in which teenagers use alcohol and illegal drugs; and

     WHEREAS,  alcohol and drug abuse by teenagers has not significantly declined in the past several years and remains unacceptably high, possibly, for certain groups, increasing in incidence and shifting to riskier settings; and

     WHEREAS,  two thousand two hundred thirty-eight fifteen to twenty-year-olds were killed in alcohol-related traffic fatalities in 1999 across America; and

     WHEREAS,  the Aluminum Anonymous Project surveyed nine hundred miles of South Dakota roadside from Hot Springs to Rapid City to Pierre to Selby to North Dakota state line and from North Dakota state line to Aberdeen to Huron to Mitchell to Yankton to Vermillion and from Sioux Falls to Brookings in May 1998, and May 2000, for the discard rate of alcohol beverage containers, finding an average of six hundred fifty beer cans-beer bottles per mile of road annually, and followed up with thirty-five "Who's Doing the Tossing?" interviews of South Dakota grass roots' professionals working with teens and adults in alcohol and drug settings who collectively estimated that fifty-five percent of the discarded alcohol containers were coming from teenagers; and

     WHEREAS,  three state Legislatures, New Mexico, Montana, and Rhode Island, have passed similar resolutions in 2001, and, in several other states, legislators have either introduced or plan to introduce such resolutions for the 2002 session; and

     WHEREAS,  the January 2001, report of the National Center on Substance Abuse and Addiction (CASA), New York, NY, "Shoveling Up: Impact of Substance Abuse on State

Budgets," states that only three percent of the $129 million total that South Dakota spends annually on substance abuse problems goes for prevention and treatment, while the remaining ninety-seven percent goes for cleaning up the wreckage caused by substance abuse and addiction:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Department of Health and Department of Human Services in cooperation with the Department of Transportation and Department of Commerce and Regulation and the Office of the Attorney General study the problem of teenage in-vehicle drinking and related drug use by assembling and determining what is known and not known about this behavior, its causes, prevalence, and incidence. The departments shall also study the problem by assessing the effectiveness of present policies, programs, and evaluation techniques and gauging the adequacy of interagency collaboration, including data sharing, program development, and cross-training, in meeting the challenges of this problem; and

     BE IT FURTHER RESOLVED,  that the Department of Health report to the Legislature, if necessary, with a recommended plan of action, encompassing policy and program, that would more comprehensively incorporate teenage in-vehicle drinking and related drug use into the scope of South Dakota's substance abuse and youth violence prevention strategies. The report should concentrate on ways of modifying and reforming present policies and programs rather than creating new programs.

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Transportation on HB 1024 as found on page 108 of the House Journal ; also

     Agriculture and Natural Resources on HB 1019 as found on page 109 of the House Journal ; also

     Commerce on HB 1020 as found on page 109 of the House Journal ; also

     Commerce on HB 1021 as found on page 110 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1118   Introduced by:  Representatives Adelstein, Klaudt, and Van Etten and Senators Apa, Ham, and Putnam


       FOR AN ACT ENTITLED, An Act to   require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

     HB 1119   Introduced by:  Representatives Murschel, Abdallah, Begalka, Broderick, Brown (Richard), Elliott, Flowers, Heineman, McCaulley, Olson (Mel), Sutton (Duane), and Teupel and Senators Moore, Hutmacher, Koetzle, McIntyre, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain eligibility restrictions relating to secondary school extracurricular activities.

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

     HB 1120   Introduced by:  Representatives Sutton (Duane), Burg, Elliott, Frost, Garnos, Hennies (Thomas), Hundstad, Jensen, Klaudt, Kloucek, Lintz, McCoy, Napoli, Olson (Mel), and Rhoden and Senators Apa, Diedtrich (Elmer), and Duxbury

       FOR AN ACT ENTITLED, An Act to   appropriate money to the South Dakota Horsemen's Association and to declare an emergency.

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

     HB 1121   Introduced by:  Representatives Sutton (Duane) and Frost and Senator Diedtrich (Elmer)

       FOR AN ACT ENTITLED, An Act to   revise the period during which vehicles' front and rear lamps shall be used.

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

     HB 1122   Introduced by:  Representatives Madsen, Abdallah, Duenwald, Duniphan, Elliott, Hennies (Thomas), McCaulley, Peterson (Bill), and Teupel and Senators de Hueck and Moore

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding implied consent for withdrawal of bodily substances and chemical tests when operating a motor vehicle.

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

     HB 1123   Introduced by:  Representatives Madsen, Abdallah, Brown (Richard), Elliott, Flowers, Holbeck, Olson (Mel), Sutton (Duane), and Teupel and Senators Olson (Ed), Albers, Apa, Dennert, Hutmacher, Koetzle, McIntyre, Moore, Munson, Sutton (Dan), and Symens


       FOR AN ACT ENTITLED, An Act to   provide that students who graduate early be counted in a school district's average daily membership for the entire school term.

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

     HB 1124   Introduced by:  Representatives Brown (Richard), Elliott, Flowers, Murschel, Olson (Mel), and Sutton (Duane) and Senators Hutmacher, Albers, McIntyre, Moore, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   restrict the transfer of certain appropriated money and to provide for the distribution of certain appropriated money.

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

     HB 1125   Introduced by:  Representatives Bartling, Brown (Richard), Duniphan, Flowers, Fryslie, Hennies (Thomas), Konold, Madsen, McCoy, Michels, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Pummel, and Smidt and Senators Hutmacher, Albers, Diedtrich (Elmer), Everist, McIntyre, Moore, Olson (Ed), Putnam, Reedy, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   adjust the salary schedule for county sheriffs.

     Was read the first time and referred to the Committee on Local Government.

     HB 1126   Introduced by:  Representatives Juhnke, Duenwald, and Jensen and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   regulate the discharge of firearms from public right- of-way.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1127   Introduced by:  Representatives Juhnke, Duenwald, and Jensen and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   place certain safety zone restrictions on hunting in state-owned railroad rights-of-way.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1128   Introduced by:  Representatives Monroe and Begalka and Senators Sutton (Dan) and Kleven


       FOR AN ACT ENTITLED, An Act to   require that certain reviews for worker's compensation be conducted by similarly qualified health care professionals as those who provided the service under review.

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

     HB 1129   Introduced by:  Representatives Madsen, Brown (Jarvis), Duenwald, Eccarius, Elliott, Flowers, Frost, Fryslie, Garnos, Gillespie, Hansen (Tom), Hargens, Hunhoff, Jaspers, Juhnke, Klaudt, Kloucek, Koistinen, Lintz, McCaulley, McCoy, Monroe, Nachtigal, Napoli, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pummel, Rhoden, Richter, Smidt, Teupel, and Van Etten and Senators Putnam, Apa, Bogue, Cradduck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Everist, Greenfield, Hutmacher, Kleven, Madden, McCracken, Moore, Olson (Ed), Sutton (Dan), Vitter, and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding concealed pistol permits.

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

     HB 1130   Introduced by:  Representatives Murschel, Adelstein, Derby, Hennies (Thomas), Hunhoff, and Van Etten and Senators McCracken, Ham, Reedy, Vitter, and Whiting

       FOR AN ACT ENTITLED, An Act to   revise the provisions related to the sale of surplus governmental property.

     Was read the first time and referred to the Committee on Local Government.

     HB 1131   Introduced by:  Representatives Michels, Abdallah, Flowers, Juhnke, Monroe, Olson (Mel), and Sutton (Duane) and Senators McCracken, Bogue, Daugaard, and Moore

       FOR AN ACT ENTITLED, An Act to   provide for civil recovery of unpaid motor fuel.

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

     HB 1132   Introduced by:  Representatives Michels, Clark, Davis, Hanson (Gary), Heineman, Hunhoff, McCoy, Pitts, Van Etten, and Van Gerpen and Senators Greenfield, Brown (Arnold), Cradduck, McIntyre, Moore, Olson (Ed), and Reedy

       FOR AN ACT ENTITLED, An Act to   establish a Children's Mental Health Task Force.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1133   Introduced by:  Representatives Flowers, Abdallah, Broderick, Brown (Richard), and Pummel and Senators Duxbury, Albers, Diedrich (Larry), Diedtrich (Elmer), Hagen, Olson (Ed), Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the use of a temporary thirty-day license permit for certain motor vehicles.

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

     HB 1134   Introduced by:  Representatives Flowers, Pederson (Gordon), Sebert, and Van Etten and Senators Diedtrich (Elmer), Moore, Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the time at which bond is required of a surplus line broker.

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

     HB 1135   Introduced by:  Representatives Lintz, Bartling, Jensen, and Slaughter and Senators Koskan, Bogue, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   provide for the reclassification of certain real property.

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

     HB 1136   Introduced by:  Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Nachtigal, Nesselhuf, Peterson (Jim), Sigdestad, and Valandra and Senators Hutmacher, Dennert, Hagen, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), Symens, and Volesky

       FOR AN ACT ENTITLED, An Act to   clarify the approval authority for local accounts of the state treasurer and state auditor.

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

     HB 1137   Introduced by:  Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Norman and Senators Hutmacher, Dennert, Duxbury, Hagen, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   require periodic reports by the State Cement Plant Commission.

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

     HB 1138   Introduced by:  Representatives Olson (Mel), Abdallah, Burg, Hargens, Madsen, Michels, Peterson (Bill), and Sebert and Senators Olson (Ed), Daugaard, de Hueck, Hutmacher, and Moore

       FOR AN ACT ENTITLED, An Act to   increase the penalty for the stalking of certain children.

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

     HB 1139   Introduced by:  Representatives Olson (Mel), Abdallah, Burg, Hargens, Hennies (Thomas), Madsen, Michels, Peterson (Bill), and Sebert and Senators Olson (Ed), Daugaard, de Hueck, Hutmacher, and Moore

       FOR AN ACT ENTITLED, An Act to   specify the elements of the crime of aggravated indecent exposure and to provide a penalty therefor.

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

     HB 1140   Introduced by:  Representatives Olson (Mel), Hargens, and Juhnke and Senators Diedrich (Larry), McCracken, and Symens

       FOR AN ACT ENTITLED, An Act to   provide for a universal service fund regarding telecommunications services.

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

     HB 1141   Introduced by:  Representatives Olson (Mel), Bartling, Duniphan, Flowers, Fryslie, Hennies (Thomas), Konold, Madsen, McCoy, Michels, Nesselhuf, Pederson (Gordon), Peterson (Bill), Pummel, and Smidt and Senators Olson (Ed), Albers, Bogue, Brosz, Daugaard, Diedtrich (Elmer), Hutmacher, Moore, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide certain standards for utilization review for property and casualty insurers.

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

     HB 1142   Introduced by:  Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Norman and Senators Hutmacher, Dennert, Duxbury, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), Symens, and Volesky

       FOR AN ACT ENTITLED, An Act to   repeal the prohibition of certain disclosures by a state agency of information concerning a private entity and to refer the Act to the electors of this state at the next general election.

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

     HB 1143   Introduced by:  Representatives Kloucek, Bartling, Begalka, Bradford, Burg, Davis, Elliott, Gillespie, Hargens, Kooistra, Lange, Nachtigal, Nesselhuf, and Sigdestad and Senators Moore, Hagen, and Koetzle

       FOR AN ACT ENTITLED, An Act to   allow certain school district transfers.

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

     HB 1144   Introduced by:  Representatives Kloucek and Sigdestad and Senator Moore

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to the calculation of state aid to education.

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

     HB 1145   Introduced by:  Representatives Kloucek, Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Hanson (Gary), Hargens, Hundstad, Lange, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, and Valandra and Senators Koetzle and Staggers

       FOR AN ACT ENTITLED, An Act to   dedicate certain sales taxes collected at the state fair for making improvements to the state fairgrounds.

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

     HB 1146   Introduced by:  Representatives Kloucek, Elliott, Gillespie, Kooistra, and Valandra and Senators Volesky and McIntyre

       FOR AN ACT ENTITLED, An Act to   prohibit the maintenance and operation of certain boot camp programs and to develop a plan for the potential uses of the boot camp facilities.

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

     HB 1147   Introduced by:  Representatives Kloucek, Bartling, Bradford, Davis, Elliott, and Nachtigal and Senators Hagen, Koetzle, McIntyre, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   disallow the use of certain pension, annuity, or retirement payments as a setoff against unemployment benefits.


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

     HB 1148   Introduced by:  Representatives Kloucek, Bartling, Davis, Elliott, Gillespie, Nachtigal, and Sigdestad and Senators Volesky, Hagen, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish a comprehensive health association to provide insurance coverage to eligible persons.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1149   Introduced by:  Representatives Kloucek, Bartling, Begalka, Bradford, Davis, Elliott, Glenski, Hargens, Hennies (Thomas), Kooistra, Nachtigal, Nesselhuf, and Sigdestad and Senators Hutmacher, Cradduck, Diedtrich (Elmer), Hagen, Koetzle, Moore, Sutton (Dan), Vitter, and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the awarding of high school diplomas to certain veterans.

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

     HB 1150   Introduced by:  Representatives Kloucek, Bradford, Burg, Elliott, Flowers, Hargens, Hundstad, Lange, Peterson (Jim), Sigdestad, and Valandra and Senator Duxbury

       FOR AN ACT ENTITLED, An Act to   require that diesel fuel sold in the state contain biodiesel fuel.

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

     HB 1151   Introduced by:  Representatives Broderick, Bartling, and Pederson (Gordon) and Senators Munson, Bogue, Diedrich (Larry), and McCracken

       FOR AN ACT ENTITLED, An Act to   require the secretary of state to conduct a pilot program granting certain secured parties the ability to file and record a financing statement for security interest on agricultural lien and to provide rule-making authority to implement the pilot program.

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

     HB 1152   Introduced by:  Representatives Broderick, Elliott, Madsen, and Pederson (Gordon) and Senators Moore, Diedtrich (Elmer), and Hutmacher

       FOR AN ACT ENTITLED, An Act to   revise the taxation and registration requirements of certain all-terrain vehicles and off-road motorcycles.


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

     HB 1153   Introduced by:  Representatives Broderick, Begalka, Hansen (Tom), Madsen, Nesselhuf, and Olson (Mel) and Senators Bogue, Diedrich (Larry), Munson, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide procedural requirements for ineligibility orders issued by the division of insurance and to repeal a surplus line insurer's responsibility to remit surplus lines tax not remitted by an unlicenced surplus lines broker.

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

     HB 1154   Introduced by:  Representatives Kooistra, Flowers, Frost, Hanson (Gary), Hennies (Don), and Rhoden and Senators Dennert, Albers, and Koskan

       FOR AN ACT ENTITLED, An Act to   establish an alternative method for the calculation of average daily membership for school districts.

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

     HB 1155   Introduced by:  Representatives Kooistra, Flowers, Frost, Hanson (Gary), and Van Gerpen and Senators Dennert, Duxbury, and Symens

       FOR AN ACT ENTITLED, An Act to   revise the distribution of state aid to education.

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

     HB 1156   Introduced by:  Representatives Adelstein and Lintz and Senator Ham

       FOR AN ACT ENTITLED, An Act to   provide legislators with distinctive motor vehicle license plates.

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

     HB 1157   Introduced by:  Representatives Adelstein, Clark, Hennies (Thomas), Murschel, and Richter and Senators Ham and Whiting

       FOR AN ACT ENTITLED, An Act to   require law enforcement agencies to inform victims of possible rape or incest of the availability of post-coitus contraception.

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

     HB 1158   Introduced by:  Representatives Adelstein and Hennies (Don) and Senator Moore


       FOR AN ACT ENTITLED, An Act to   prohibit unsolicited gaming e-mail and to provide a penalty therefor.

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

     HB 1159   Introduced by:  Representatives Adelstein and Brown (Richard) and Senator Everist

       FOR AN ACT ENTITLED, An Act to   permit certain persons to solemnize marriages.

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

     HB 1160   Introduced by:  Representatives Adelstein, Clark, and Murschel

       FOR AN ACT ENTITLED, An Act to   repeal certain tort liability arising out of causes of action based on reduction, abduction, and alienation of affections.

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

     HB 1161   Introduced by:  Representatives Fryslie, Begalka, Hanson (Gary), Klaudt, Peterson (Jim), and Rhoden and Senators Greenfield, Dennert, Duxbury, Koskan, and Symens

       FOR AN ACT ENTITLED, An Act to   increase the authorized number of nonresident waterfowl hunting licenses.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1162   Introduced by:  Representatives Van Etten, Frost, Jensen, Konold, Madsen, and McCaulley and Senators Albers and de Hueck

       FOR AN ACT ENTITLED, An Act to   prohibit the advertising of adoptions under certain circumstances.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1163   Introduced by:  Representatives Van Etten, Frost, Jensen, Konold, Madsen, McCaulley, and Pitts and Senators Albers, de Hueck, and Ham

       FOR AN ACT ENTITLED, An Act to   require social workers to include background checks in home study reports.

     Was read the first time and referred to the Committee on Health and Human Services.


     HB 1164   Introduced by:  Representatives Van Etten, Brown (Jarvis), Eccarius, Madsen, Michels, Monroe, Murschel, and Olson (Mel) and Senators Bogue, Cradduck, Everist, and Hutmacher

       FOR AN ACT ENTITLED, An Act to   abrogate the loss of chance doctrine as set forth in Jorgenson v. Vener.

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

     HB 1165   Introduced by:  Representatives Napoli, Juhnke, and Madsen and Senators Apa, Greenfield, Kleven, and Madden

       FOR AN ACT ENTITLED, An Act to   permit more time to file local referendums.

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

     HB 1166   Introduced by:  Representatives Holbeck, Garnos, and Van Etten and Senators Reedy, Albers, Daugaard, Munson, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for a master teacher program and to make an appropriation therefor.

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

     HB 1167   Introduced by:  Representatives Holbeck, Begalka, Jensen, Koistinen, Pederson (Gordon), Van Etten, and Wick and Senators Daugaard, Albers, Ham, Koskan, Olson (Ed), Reedy, and Vitter

       FOR AN ACT ENTITLED, An Act to   clarify the extent to which the negotiation of teacher contracts may include the school calendar.

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

     HB 1168   Introduced by:  Representatives Peterson (Bill), Eccarius, and Olson (Mel) and Senators Everist, Brown (Arnold), and Hutmacher

       FOR AN ACT ENTITLED, An Act to   provide for a study of legislative article of the South Dakota Constitution.

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

     HB 1169   Introduced by:  Representatives Peterson (Bill), Bartling, Broderick, Brown (Jarvis), Brown (Richard), Duenwald, Duniphan, Fryslie, Madsen, McCoy, Michels, Olson (Mel), Pederson (Gordon), Sebert, and Valandra and Senators Diedrich (Larry), Albers, Diedtrich (Elmer), Duxbury, Hutmacher, Moore, Munson, Olson (Ed), Staggers, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding disclosure statements for motor vehicles.

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

     HB 1170   Introduced by:  Representatives McCoy, Abdallah, Hennies (Don), Hennies (Thomas), Kooistra, McCaulley, Olson (Mel), and Van Gerpen and Senators Staggers, Volesky, and Whiting

       FOR AN ACT ENTITLED, An Act to   provide certain provisions regarding assaults against law enforcement personnel and to provide a criminal penalty therefor.

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

     HB 1171   Introduced by:  Representatives Bartling, Broderick, Brown (Richard), Duniphan, Flowers, Fryslie, Konold, Monroe, Olson (Mel), and Pederson (Gordon) and Senators Hutmacher, Albers, Diedtrich (Elmer), Everist, Koetzle, McIntyre, Moore, Olson (Ed), Putnam, Reedy, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   adjust the salary schedule for the office of state's attorney.

     Was read the first time and referred to the Committee on Local Government.

     HB 1172   Introduced by:  Representatives Jensen, Bartling, Broderick, Pederson (Gordon), and Pitts and Senators Vitter, Brown (Arnold), de Hueck, and Hagen

       FOR AN ACT ENTITLED, An Act to   modify the duration period and signing requirements for vehicle weight restrictions.

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

     HB 1173   Introduced by:  Representatives Jensen, Bartling, Duenwald, Fryslie, Hennies (Thomas), Kooistra, and Monroe and Senators Munson, de Hueck, Duxbury, McIntyre, and Whiting

       FOR AN ACT ENTITLED, An Act to   assign responsibility for costs of prosecution and defense of inmates who commit crimes while under the control of the Department of Corrections.

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

     HB 1174   Introduced by:  Representatives Bradford, Burg, Elliott, Flowers, Hanson (Gary), Hargens, Kloucek, McCoy, Nachtigal, Peterson (Jim), Pitts, Sigdestad, Valandra, Van Gerpen, and Van Norman and Senators Hagen, Koetzle, and Volesky

       FOR AN ACT ENTITLED, An Act to   require retailers to provide rebates at the time of purchase under certain circumstances.

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

     HB 1175   Introduced by:  Representative McCaulley and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   allow punitive damages in a barratry action.

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

     HB 1176   Introduced by:  Representatives Hunhoff and Gillespie and Senators Vitter and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the time permitted to qualify for a municipally elected office.

     Was read the first time and referred to the Committee on Local Government.

     HB 1177   Introduced by:  Representatives Koistinen, Clark, Duenwald, Frost, Fryslie, Garnos, Hanson (Gary), Hargens, Hennies (Thomas), Holbeck, Juhnke, Klaudt, Kooistra, Olson (Mel), Pederson (Gordon), Peterson (Jim), Pitts, Sigdestad, Sutton (Duane), and Van Gerpen and Senators Greenfield, Diedtrich (Elmer), Drake, Duxbury, Koskan, Staggers, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for additional exclusions from the excess fund balance penalty in the state aid to education formula.

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

     HB 1178   Introduced by:  Representative Monroe and Senator Drake

       FOR AN ACT ENTITLED, An Act to   establish a defined contribution account for members of the South Dakota Retirement System which may be funded by a transfer of amounts of sick leave paid upon termination of employment, a transfer of the proceeds of individual retirement accounts, and dividends based on favorable experience of the system.

     Was read the first time and referred to the Committee on Retirement Laws.

     HB 1179   Introduced by:  Representatives Monroe, Bartling, Madsen, and Napoli and Senators Koskan and Whiting

       FOR AN ACT ENTITLED, An Act to   permit a county to file a lien against the property of the parents for payment of temporary care, temporary custody, shelter, or detention provided to a child.

     Was read the first time and referred to the Committee on Local Government.

     HB 1180   Introduced by:  Representatives Monroe, Bartling, Madsen, and Napoli and Senator Apa

       FOR AN ACT ENTITLED, An Act to   increase the amount of the lien that is permitted on the parents of a minor child for whom legal counsel has been provided.

     Was read the first time and referred to the Committee on Local Government.

     HB 1181   Introduced by:  Representatives Madsen, Broderick, and Olson (Mel) and Senators Munson and Volesky

       FOR AN ACT ENTITLED, An Act to   prohibit directed suretyship.

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

     HB 1182   Introduced by:  Representatives Madsen, Abdallah, Brown (Jarvis), Duenwald, Duniphan, Eccarius, Hennies (Thomas), Juhnke, Koistinen, McCaulley, Michels, Peterson (Bill), Sebert, and Teupel and Senators Daugaard, McCracken, and Moore

       FOR AN ACT ENTITLED, An Act to   allow evidence of a prior offense of sexual assault under certain circumstances when a defendant is charged with a sex crime.

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

     HB 1183   Introduced by:  Representatives Pitts, Holbeck, Kooistra, and Smidt and Senators Olson (Ed), Brown (Arnold), and Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   increase the fund balance percentage in order to qualify for certain special education funding.

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

     HB 1184   Introduced by:  Representatives Jaspers, Elliott, Madsen, and Olson (Mel) and Senators McIntyre, Dennert, Hutmacher, Moore, Munson, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   allow the excess tax levy for school districts to be expressed as a tax rate.

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

     HB 1185   Introduced by:  Representatives Teupel, Adelstein, Derby, Frost, Holbeck, Jensen, Kooistra, Madsen, Pummel, Rhoden, Slaughter, and Van Gerpen and Senators Apa, Bogue, Brosz, Koskan, McCracken, Olson (Ed), Reedy, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   add a representative from the South Dakota Association of Weed and Pest Supervisors to the South Dakota Weed and Pest Control Commission

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1186   Introduced by:  Representatives Teupel, Adelstein, Derby, Frost, and Madsen and Senators Brosz, Reedy, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   require that a noxious weed buyer awareness form be signed by a buyer of certain real property.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1187   Introduced by:  Representatives Teupel, Adelstein, Derby, Frost, Hennies (Thomas), Holbeck, Jaspers, Kooistra, Madsen, McCaulley, Pummel, Rhoden, and Slaughter and Senators Olson (Ed), Apa, Brosz, Koskan, McCracken, Reedy, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   allow certain school district transfers.

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

     HB 1188   Introduced by:  Representatives Teupel, Adelstein, Derby, Frost, Hennies (Thomas), Kooistra, Madsen, Pummel, and Rhoden and Senators Apa, Brosz, McCracken, Olson (Ed), Reedy, Symens, and Whiting

       FOR AN ACT ENTITLED, An Act to   revise certain penalties for moving or obtaining a used mobile home or manufactured home without an affidavit from the county treasurer.

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

     HB 1189   Introduced by:  Representatives Wick, Abdallah, Adelstein, Brown (Richard), Duniphan, Hennies (Thomas), Holbeck, Hundstad, Jensen, McCaulley, Peterson (Bill), and Smidt and Senators Munson, Greenfield, Koetzle, Koskan, Olson (Ed), and Staggers

       FOR AN ACT ENTITLED, An Act to   establish the crime of air piracy and to increase the penalty for theft of certain aircraft.

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

     HB 1190   Introduced by:  Representatives Solum, Brown (Jarvis), Madsen, and Olson (Mel) and Senators Munson and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain insurance provisions regarding the surety bonds that are exempt from the requirements of countersignature by resident agents.

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

     HB 1191   Introduced by:  Representatives Solum, Bartling, Bradford, Burg, Holbeck, Kloucek, McCoy, and Van Gerpen and Senators Greenfield, Brosz, Dennert, and Koetzle

       FOR AN ACT ENTITLED, An Act to   appropriate funds for increased wages for employees of nursing facilities.

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

     HB 1192   Introduced by:  Representatives Davis, Abdallah, Bartling, Burg, Duniphan, Elliott, Hanson (Gary), Hennies (Don), Hennies (Thomas), Hundstad, Juhnke, Lange, Peterson (Jim), Sigdestad, and Van Norman and Senators Albers, Brown (Arnold), Hagen, Ham, Hutmacher, Koetzle, McCracken, McIntyre, Moore, Reedy, Staggers, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   clarify that the court may speak with children without parents or attorneys present regarding visitation matters.

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


      HB 1193   Introduced by:  Representatives Davis, Abdallah, Bartling, Hanson (Gary), Hennies (Don), Hennies (Thomas), Kloucek, Lange, and Sigdestad and Senators Staggers, Albers, Brown (Arnold), Dennert, Hagen, Ham, Hutmacher, Koetzle, McCracken, McIntyre, Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   provide for an award of attorney fees and costs in custody and visitation modification hearings under certain circumstances.

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

     HB 1194   Introduced by:  Representatives Davis, Burg, Duniphan, Elliott, Hanson (Gary), Hennies (Don), Hennies (Thomas), Hundstad, Peterson (Jim), and Sigdestad and Senators McIntyre, Albers, Brown (Arnold), Duxbury, Hagen, Ham, Koetzle, Reedy, and Staggers

       FOR AN ACT ENTITLED, An Act to   require driver education students to take driver license test.

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

     HB 1195   Introduced by:  Representatives Richter, Burg, Olson (Mel), and Peterson (Bill) and Senators Drake, Dennert, Duxbury, Putnam, and Symens

       FOR AN ACT ENTITLED, An Act to   increase the amount transferred to the budget reserve fund.

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

     HB 1196   Introduced by:  Representatives Kloucek, Flowers, and Lange and Senators Hutmacher, Koetzle, and Reedy

       FOR AN ACT ENTITLED, An Act to   regulate certain seed contracts.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1197   Introduced by:  Representatives Richter and Peterson (Bill) and Senators Drake, Dennert, Duxbury, Putnam, and Symens

       FOR AN ACT ENTITLED, An Act to   appropriate money from the budget reserve fund to the general fund and to declare an emergency.

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

     HB 1198   Introduced by:  Representatives Richter, Burg, Olson (Mel), and Peterson (Bill) and Senators Drake, Dennert, Putnam, and Symens

       FOR AN ACT ENTITLED, An Act to   provide for a maximum amount in the property tax reduction fund.

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

     HB 1199   Introduced by:  Representatives Richter, Begalka, Broderick, Frost, Hansen (Tom), Hennies (Thomas), Murschel, and Smidt and Senators Apa, Olson (Ed), and Putnam

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the general fund levy of a school district.

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

     HB 1200   Introduced by:  Representatives Kloucek, Flowers, and Lange and Senators Hutmacher, Koetzle, and Reedy

       FOR AN ACT ENTITLED, An Act to   provide for the protection of certain agricultural contractors.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1201   Introduced by:  Representatives Lange, Bradford, Hanson (Gary), Hundstad, Kloucek, and Valandra and Senators McIntyre and Reedy

       FOR AN ACT ENTITLED, An Act to   impose an income tax on interest and dividends and to provide penalties for the violation thereof.

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

     HB 1202   Introduced by:  Representatives Lange, Bartling, Bradford, Burg, Elliott, Flowers, Hanson (Gary), Hargens, Hundstad, Kloucek, Nachtigal, Peterson (Jim), Sigdestad, Valandra, and Van Norman and Senator McIntyre

       FOR AN ACT ENTITLED, An Act to   prohibit certain campaign contributions.

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

     HB 1203   Introduced by:  Representative McCaulley and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   revise the procedure for foreclosure by advertisement.

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

     HB 1204   Introduced by:  Representatives Van Norman and Bradford and Senators Hagen and de Hueck

       FOR AN ACT ENTITLED, An Act to   repeal the prohibition on certain objects dangling between a motor vehicle driver and the vehicle's windshield.

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

     HB 1205   Introduced by:  Representatives Van Norman and Bradford and Senators Hagen and de Hueck

       FOR AN ACT ENTITLED, An Act to   allow for nursing facilities to be constructed on American Indian reservations under certain circumstances.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1206   Introduced by:  Representatives Holbeck, Olson (Mel), Peterson (Bill), Teupel, and Van Etten and Senators Olson (Ed) and McCracken

       FOR AN ACT ENTITLED, An Act to   provide funds to school districts that reorganize and to revise the calculation of state aid to education.

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

     HB 1207   Introduced by:  Representatives Clark, Begalka, Broderick, Brown (Jarvis), Brown (Richard), Derby, Flowers, Frost, Fryslie, Hennies (Don), Hennies (Thomas), Holbeck, Jensen, Klaudt, Kooistra, Madsen, Murschel, Smidt, Sutton (Duane), and Van Etten and Senators Greenfield, Apa, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for the recalculation of the per student allocation in the state aid to education formula.

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

     HB 1208   Introduced by:  Representatives Hanson (Gary), Bartling, Hennies (Thomas), Holbeck, Olson (Mel), Pederson (Gordon), Pitts, Rhoden, and Teupel and Senators Symens, Brosz, Dennert, Ham, McIntyre, and Moore

       FOR AN ACT ENTITLED, An Act to   allow for certain school district transfers.

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

     HJR 1003   Introduced by:  Representatives Sutton (Duane), Abdallah, Bartling, Broderick, Burg, Flowers, Fryslie, Murschel, Napoli, Olson (Mel), Rhoden, and Wick and Senators Apa, Dennert, Madden, Moore, Munson, Olson (Ed), Staggers, Symens, and Volesky

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XII, Section 2 of the Constitution of the State of South Dakota, relating to expenditures from funds established by a two-thirds vote of both houses of the Legislature.

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

     HJR 1004   Introduced by:  Representatives Adelstein, Holbeck, Lintz, and Sutton (Duane) and Senator Whiting

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

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

     HJR 1005   Introduced by:  Representatives Lange, Bradford, Burg, Davis, Elliott, Hanson (Gary), Hargens, Hundstad, Kloucek, Nachtigal, Peterson (Jim), Sigdestad, and Valandra and Senators Hutmacher, Dennert, Duxbury, Hagen, Koetzle, McIntyre, Reedy, and Staggers

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of realty improvement contracts.

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

     Speaker Pro tempore Michels now presiding.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1005:   FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2001.

     Was read the second time.

     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Valandra

     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 1049:   FOR AN ACT ENTITLED, An Act to   authorize the use of online reverse auctions for state purchases.

     Was read the second time.

     The question being "Shall HB 1049 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duenwald; Valandra

     Absent:
Nachtigal

     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 1011:   FOR AN ACT ENTITLED, An Act to   revise the method by which a withholding order may be served for the purpose of collecting child support.

     Was read the second time.

     The question being "Shall HB 1011 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Bradford

     Excused:
Duenwald; Valandra

     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 1023:   FOR AN ACT ENTITLED, An Act to   provide motor carrier inspectors enforcement authority for certain violations regarding the licensing of commercial drivers.

     Was read the second time.

     The question being "Shall HB 1023 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Napoli

     Excused:
Duenwald; Valandra

     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 1025:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall HB 1025 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duenwald; Valandra

     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 1042:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Game, Fish and Parks to revise the expiration date of certain hunting licenses.

     Was read the second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Sebert

     Excused:
Duenwald; Valandra

     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 1043:   FOR AN ACT ENTITLED, An Act to   modify the nonresident licensure requirements for hunting sandhill crane.

     Was read the second time.

     The question being "Shall HB 1043 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Elliott; Hennies (Don)

     Excused:
Duenwald; Valandra

     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 1022:   FOR AN ACT ENTITLED, An Act to   repeal the requirement that certain affiliated companies be treated as one health insurance carrier.

     Was read the second time.

     The question being "Shall HB 1022 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Monroe

     Excused:
Valandra

     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 1028:   FOR AN ACT ENTITLED, An Act to   establish a procedure for return of associate licenses when certain action is taken against a responsible real estate broker.

     Was read the second time.

     The question being "Shall HB 1028 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Valandra

     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 1029:   FOR AN ACT ENTITLED, An Act to   repeal certain producer licensing requirements, to revise certain producer and administrator standards for licensure, and to provide procedural requirements for certain disciplinary proceedings.

     Was read the second time.

     The question being "Shall HB 1029 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Valandra

     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 1036:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall HB 1036 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Valandra

     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 1006:   FOR AN ACT ENTITLED, An Act to   revise the procedure for updating the voter registration file and to limit the use of the county voter registration file.

     Was read the second time.

     The question being "Shall HB 1006 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Kloucek; Van Norman

     Excused:
Valandra

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1026:   FOR AN ACT ENTITLED, An Act to   disqualify a person from operating a commercial motor vehicle for certain traffic convictions regarding railroad crossings and to provide certain penalties.

     Was read the second time.

     The question being "Shall HB 1026 pass?"

     And the roll being called:

     Yeas 57, Nays 12, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Hundstad; Hunhoff; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Nays:
Begalka; Duenwald; Hennies (Don); Holbeck; Jaspers; Klaudt; Lintz; McCaulley; Monroe; Napoli; Rhoden; Wick

     Excused:
Valandra

     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 1041:   FOR AN ACT ENTITLED, An Act to   revise certain nonresident license requirements to fish.

     Was read the second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 32, Nays 37, Excused 1, Absent 0

     Yeas:
Adelstein; Begalka; Brown (Jarvis); Clark; Duenwald; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Michels; Monroe; Nachtigal; Napoli; Pederson (Gordon); Pitts; Pummel; Rhoden; Smidt; Solum; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Abdallah; Bartling; Bradford; Broderick; Brown (Richard); Burg; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Jaspers; Kloucek; Lange; Madsen; McCaulley; McCoy; Murschel; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Richter; Sebert; Sigdestad; Slaughter; Sutton (Duane); Teupel; Van Norman; Wick

     Excused:
Valandra

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

     HB 1027:   FOR AN ACT ENTITLED, An Act to   revise certain residency requirements regarding the issuance and renewal of insurance.

     Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 44, Nays 24, Excused 1, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Garnos; Glenski; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Juhnke; Koistinen; Konold; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Smidt; Solum; Teupel; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Frost; Gillespie; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Jensen; Klaudt; Kooistra; Lange; Lintz; Nachtigal; Olson (Mel); Peterson (Jim); Rhoden; Sigdestad; Slaughter; Sutton (Duane); Van Etten; Van Norman

     Excused:
Valandra

     Absent:
Kloucek

     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 1007:   FOR AN ACT ENTITLED, An Act to   revise certain election recount provisions.

     Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek; Lange

     Excused:
Valandra

     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 1008:   FOR AN ACT ENTITLED, An Act to   revise certain election provisions and terminology.

     Was read the second time.

1008x

     Rep. Adelstein moved that HB 1008 be amended as follows:

     On page 1, line 11 of the printed bill, overstrike " five " and insert " ten ".

     Rep. Eccarius requested that Joint Rule 5-17 be invoked on HB 1008.

     Which request was supported and HB 1008 with Rep. Adelstein's pending motion to amend was deferred until Friday, January 18th, the 9th legislative day.

     HB 1010:   FOR AN ACT ENTITLED, An Act to   permit certain direct recording electronic voting systems and to regulate the use of automatic tabulating equipment.

     Was read the second time.

1010fa

     Rep. Begalka moved that HB 1010 be amended as follows:
     On page 3, line 2 of the printed bill, delete " in random order a paper copy of each ballot cast on the system " and insert "a paper copy of each ballot cast and returns that paper copy to the voter after the casting of the vote. After reviewing the paper copy, the voter shall deposit the copy in the ballot box prior to leaving the polling place".

    A roll call vote was requested and supported.

     The question being on Rep. Begalka's motion that HB 1010 be amended.

     And the roll being called:

     Yeas 20, Nays 48, Excused 2, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Broderick; Brown (Jarvis); Elliott; Gillespie; Glenski; Hennies (Don); Hundstad; Kloucek; Koistinen; Kooistra; Monroe; Napoli; Nesselhuf; Richter; Teupel; Van Gerpen; Van Norman

     Nays:
Abdallah; Bartling; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Wick; Speaker Eccarius

     Excused:
Nachtigal; Valandra

     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 1010 pass?"

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duniphan; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Bradford; Burg; Duenwald; Elliott; Flowers; Hennies (Don); Hundstad; Kloucek; Olson (Mel); Van Norman

     Excused:
Valandra

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 8:   FOR AN ACT ENTITLED, An Act to   authorize the lease of certain public lands for military purposes.

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

     SB 9:   FOR AN ACT ENTITLED, An Act to   permit certain full-time postsecondary students to vote in municipal and school elections.

     Was read the first time and referred to the Committee on Local Government.

     SB 11:   FOR AN ACT ENTITLED, An Act to   provide a method for computing a period of time related to election notices or filings.

     Was read the first time and referred to the Committee on Local Government.

     SB 12:   FOR AN ACT ENTITLED, An Act to   provide for the method for marking and counting ballots and to clarify the procedure for auditing ballots.

     Was read the first time and referred to the Committee on Local Government.

     SB 13:   FOR AN ACT ENTITLED, An Act to   revise certain municipal and school election procedures.

     Was read the first time and referred to the Committee on Local Government.

     SB 18:   FOR AN ACT ENTITLED, An Act to   permit the summary disposition of certain contested cases.

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


     SB 20:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to service of process on foreign corporations through the secretary of state.

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

     SB 38:   FOR AN ACT ENTITLED, An Act to   require certain information to be collected to create a database of certain public officials and public employees for use in the event of an emergency or disaster and to authorize administrative rules to implement the reporting procedures.

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

     SB 42:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the registration of sex offenders.

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

     SB 44:   FOR AN ACT ENTITLED, An Act to   modify the areas where the Game, Fish and Parks Commission may require a park license.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 3:47 p.m. the House adjourned.

Karen Gerdes, Chief Clerk