JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  




TWENTIETH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 9, 2004

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

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House pages Kimberly Person and Katie Questad.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

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

     Which motion prevailed and the report was adopted.
    The oath of office was administered by Speaker Michels to the following named pages:

    Heather Ailts, Danny Amundson, Michelle Doerr, Kathleen Holznagel, Rachel Homola, Darcie Johnson, Sara Konrad, Cassandra Loebs, Jessica Noteboom, Christian Oland, Kimberly Person, Katie Questad, and Ross Scott.

    Which was subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS

    Rep. Rounds introduced the 2004 Easter Seals South Dakota family, Marcus Mancuso and his parents, Mark and Stacey Mancuso of Pierre, South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1303, 1304, and 1305 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

1068ha
     On page 1, line 12 of the printed bill, delete " one million two " .

     On page 1 , line 13, delete " hundred thousand dollars ($1,200,000) " and insert "one million six hundred fifty thousand dollars ($1,650,000)".

     And that as so amended said bill do pass.

Respectfully submitted,
J.E. "Jim" Putnam, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill do pass.



Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 42 and 115 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 1 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 1292, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

0000rb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. If any person is arrested for a violation of §  32-23-1 and if the arresting officer has probable cause to believe that the driver's conduct directly endangered the life of any child under the age of thirteen, either in the driver's or in another motor vehicle, or in the immediate vicinity, the arresting officer shall request and the arrested driver shall submit to a withdrawal of blood or urine to determine the presence and concentration of alcohol or other drugs or substances.

     Section 2. Nothing in section 1 of this Act restricts the right of any person to an independent chemical analysis pursuant to subdivision 32-23-10(3).

     Section 3. No person may operate any motor vehicle either while driving under the influence or driving recklessly, if, by so doing, the driver's conduct directly endangers the life of any child under the age of thirteen, either in the driver's or in another motor vehicle, or in the immediate vicinity.

     A violation of this section is a separate Class 2 misdemeanor."

1292rd
     On the printed bill, delete everything after the enacting clause and the previously adopted amendment (0000rb) and insert:


"      Section 1. If any person is arrested for a violation of §  32-23-1 and if the arresting officer has probable cause to believe that the driver's conduct directly endangered the life of any child under the age of thirteen in the driver's motor vehicle, the arresting officer shall request and the arrested driver shall submit to a withdrawal of blood or urine to determine the presence and concentration of alcohol or other drugs or substances.

     Section 2. Nothing in section 1 of this Act restricts the right of any person to an independent chemical analysis pursuant to subdivision 32-23-10(3).

     Section 3. No person may operate any motor vehicle either while driving under the influence or driving recklessly if a child under the age of thirteen is present in the driver's vehicle.

    A violation of this section is a separate Class 1 misdemeanor."


1292re
     In the previously adopted amendment (1292rd), delete "or driving recklessly".

1292rta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "provide for the rescission of a person's privilege to refuse to submit to the withdrawal of blood or urine for driving so as to endanger the life of a child and to provide for a separate misdemeanor penalty.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:

77ra
     On page 1, line 10 of the Senate Judiciary Committee engrossed bill, after " section " insert " , the factual basis for which occurred after the date of the second conviction, and occurred ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:


93rb
     On page 1, line 9 of the Senate Judiciary Committee engrossed bill, after " section " insert " , the factual basis for which occurred after the date of the second conviction, and occurred ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 4 and tabled the same.

Respectfully submitted,
Matt McCaulley, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1289 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill be amended as follows:

1159ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 26-6-14.10 be amended to read as follows:

     26-6-14.10.   No person who has been convicted of child abuse pursuant to chapter 26-10 or ; a sex offense pursuant to chapter 22-22 ; or, within the preceding five years, any other felony; and no person whose name appears on the central registry for child abuse and neglect may:

             (1)      Be licensed to operate a child welfare agency pursuant to §   26-6-14;

             (2)      Be registered to operate a family day care home pursuant to §   26-6-14.2; or

             (3)      Operate an unregistered family day care home as defined in §   26-6-14.8.

     Any person who has actual knowledge that some other person is violating this section and who subsequently fails to report such violation to the state's attorney or local law enforcement is guilty of a Class 1 misdemeanor.

     Section 2. That § 26-6-14.11 be amended to read as follows:

     26-6-14.11.   Any person who has been convicted of child abuse pursuant to chapter 26-10 or ; a sex offense pursuant to chapter 22-22 ; or, within the preceding five years, any other felony; or whose name appears on the central registry for child abuse and neglect is guilty of a Class 1 misdemeanor if such person :

             (1)      Provides resides or works or provides care and supervision of children either in a day care center any child welfare agency or any family day care home ; or

             (2)      Permits . Any person who permits another person to reside or work or provide care and supervision of children in any child welfare agency or any family day care home knowing that the person has been convicted of child abuse pursuant to chapter 26-10 or ; a sex offense pursuant to chapter 22-22 ; or, within the preceding five years, any other felony; or whose knowing that the person's name appears on the central registry for child abuse and neglect to reside or work on the premises of a day care center or any family day care home , is guilty of a Class 1 misdemeanor . "

1159jb
     After previously adopted amendment (1159ja) insert:

"      Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


1159jta
     On page 1, line 3 of the printed bill, after " homes " insert "and to declare an emergency".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1294 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Don Van Etten, Chair


MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1100, 1101, and 1102 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1007 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 144, 163, 183, and 189 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 appointed Sens. de Hueck, Schoenbeck, and Koetzle as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1013.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Gordon Pederson moved that the House do not concur in Senate amendments to HB 1062 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Gordon Pederson, Juhnke, and Bartling.

     HCR 1010:   A CONCURRENT RESOLUTION,   Supporting youth mentoring programs for South Dakota.

     Rep. Smidt moved that HCR 1010 as found on pages 455 and 456 of the House Journal be adopted.


     The question being on Rep. Smidt's motion that HCR 1010 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Peterson (Bill)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1010 was adopted.

     Rep. Engels moved that the Committee on Transportation be instructed to deliver HB 1263 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1273 as found on pages 449 and 450 of the House Journal ; also

     Taxation on HB 1187 as found on pages 451 and 452 of the House Journal ; also

     Transportation on HB 1248 as found on page 453 of the House Journal ; also

     State Affairs on HB 1247 as found on page 457 of the House Journal ; also

     Transportation on SB 43 as found on page 453 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


     Rep. Nesselhuf moved that the word "not" be stricken from the report of the Committee on Commerce on HB 1276 as amended as found on page 448 of the House Journal and that the bill be placed on the calendar of Tuesday, February 10th, the 21st legislative day.

     The question being on Rep. Nesselhuf's motion that the word "not" be stricken from the report of the Committee on Commerce on HB 1276 as amended and that the bill be placed on the calendar of Tuesday, February 10th, the 21st legislative day.

     And the roll being called:

     Yeas 26, Nays 43, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Dykstra; Elliott; Engels; Gassman; Gillespie; Glenski; Hanson; Hargens; Haverly; Hundstad; Kroger; Lange; Lintz; Miles; Nesselhuf; Novstrup; O'Brien; Peterson (Jim); Schafer; Sigdestad; Thompson; Valandra; Van Norman

     Nays:
Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Frost; Fryslie; Garnos; Hackl; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Murschel; Olson (Mel); Olson (Ryan); Pederson (Gordon); Putnam; Rave; Rhoden; Rounds; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Peterson (Bill)

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1158:   FOR AN ACT ENTITLED, An Act to   prohibit the taking of certain pictures of another without that person's consent.

     Was read the second time.

     The question being "Shall HB 1158 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Peterson (Bill)

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

     Rep. Bill Peterson moved that SB 51, 52, 53, 18, 40, and 44 be deferred to Friday, February 13th, the 24th legislative day.

     Which motion prevailed and the bills were so deferred.

    There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 144:   FOR AN ACT ENTITLED, An Act to   require certain telecommunications traffic signaling information to be provided to facilitate payment of inter-carrier compensation.

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

     SB 163:   FOR AN ACT ENTITLED, An Act to   revise certain county zoning laws to provide for certain agricultural zoning.

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

     SB 183:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to short- term mortgages.

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


     SB 189:   FOR AN ACT ENTITLED, An Act to   revise the long-term building projects authorized for Northern State University.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 88:   FOR AN ACT ENTITLED, An Act to   revise the eligibility qualification for an assessment freeze of single-family dwellings and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

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

     Rep. Bill Peterson moved that SB 216, 215, 214, 200, and 201 in this order be placed to follow SB 88 on today's calendar.

     Which motion prevailed and the bills were so placed.

     SB 216:   FOR AN ACT ENTITLED, An Act to   create the Science and Technology Authority, to provide for its powers and duties, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 216 pass?"

     And the roll being called:



     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Van Norman

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

     SB 215:   FOR AN ACT ENTITLED, An Act to   provide immunity for the donation of certain property for publicly beneficial uses and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 215 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Valandra; Van Norman

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



     SB 214:   FOR AN ACT ENTITLED, An Act to   authorize agreements to indemnify persons who donate property for publicly beneficial uses and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 214 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Valandra; Van Norman

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

     SB 200:   FOR AN ACT ENTITLED, An Act to   provide certain provisions relating to the transfer of a portion of the former Homestake Mine to the Science and Technology Authority, to make appropriations for certain costs associated with maintaining the mine, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 200 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Valandra; Van Norman

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

     SB 201:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the Science and Technology Authority to purchase liability insurance and to operate the Homestake Underground Laboratory and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 201 pass?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Valandra; Van Norman

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


     Rep. Bill Peterson moved that SB 15, 13, 17, and 212 be deferred to Friday, February 13th, the 24th legislative day.

     Which motion prevailed and the bills were so deferred.

    There being no objection, the House reverted to Order of Business No. 12.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Bill Peterson moved that HB 1182, 1275, 1298, 1001, 1002, 1194, and 1191 be deferred to Tuesday, February 10th, the 21st legislative day.

     Which motion prevailed and the bills were so deferred.

     HB 1091:   FOR AN ACT ENTITLED, An Act to   extend the fifty percent tuition privilege for National Guard members to include graduate study.

     Was read the second time.

     The question being "Shall HB 1091 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Engels

     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 1237:   FOR AN ACT ENTITLED, An Act to   allow the use of certain federal permits in South Dakota relating to organisms and products produced through genetic engineering.

     Was read the second time.

     The question being "Shall HB 1237 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     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 1239:   FOR AN ACT ENTITLED, An Act to   regulate short-term vehicle secured loans.

     Was read the second time.

     The question being "Shall HB 1239 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 27, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Cradduck; Cutler; Deadrick (Thomas); Engels; Gassman; Gillespie; Glenski; Hargens; Hennies; Hundstad; Koistinen; Kraus; Kroger; Lange; LaRue; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon); Rhoden; Rounds; Schafer; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Speaker Michels

     Nays:
Christensen; Davis; Dykstra; Elliott; Frost; Fryslie; Garnos; Hackl; Hanson; Haverly; Heineman; Hunhoff; Juhnke; Klaudt; Konold; Lintz; McCaulley; Olson (Ryan); Peterson (Bill); Peterson (Jim); Putnam; Rave; Sebert; Solum; Van Gerpen; Wick; Williamson


     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 1183:   FOR AN ACT ENTITLED, An Act to   provide the temporary replacement of any elected official incapacitated by illness or accident.

     Was read the second time.

     The question being "Shall HB 1183 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 8, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Elliott; Frost; Garnos; Gassman; Gillespie; Glenski; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Burg; Dykstra; Engels; Fryslie; Hackl; Klaudt; Olson (Mel); Van Gerpen

     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   revise the definition of criminal pedophilia.

     Was read the second time.

     The question being "Shall HB 1176 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
O'Brien; Putnam

     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 1199:   FOR AN ACT ENTITLED, An Act to   exempt certain nonprofit organizations providing dental care from dental licensure requirements.

     Was read the second time.

     The question being "Shall HB 1199 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
O'Brien; Putnam

     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 1309:   FOR AN ACT ENTITLED, An Act to   increase the number of physicians that can participate in the physician tuition reimbursement program.

     Was read the second time.

     The question being "Shall HB 1309 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Garnos; Putnam

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

     Rep. Bill Peterson moved that HB 1184, 1053, 1214, 1042, and 1180 be deferred to Tuesday, February 10th, the 21st 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 the Office of Engrossing and Enrolling has carefully compared HB 1100, 1101, and 1102 and finds the same correctly enrolled.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1012 and 1192 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 9, 2004.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1100: FOR AN ACT ENTITLED, An Act to  provide for additional uses of the county lawbook and law library fund.

     HB 1101: FOR AN ACT ENTITLED, An Act to  limit the time period during which children in need of supervision may be held in a detention facility.

     HB 1102: FOR AN ACT ENTITLED, An Act to  repeal and reestablish an Interstate Compact on Juveniles.

     SB 14: FOR AN ACT ENTITLED, An Act to  revise certain absentee voting procedures.

     SB 113: FOR AN ACT ENTITLED, An Act to  provide a procedure for combining the duties of certain townships officers.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk