House Journal 01/27/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 27, 1998

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

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

     Roll Call: All members present except Rep. Lockner 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 tenth day and finds that the following correction should be made:

On page 210, line 14 of the House Journal, delete "between" and insert "delete".

    On page 210, line 14, delete the comma and insert "and".

     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,

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1115, 1156, 1172, and 1198 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill be amended as follows:

On page 4 of the printed bill , delete lines 21 to 24 , inclusive , and insert:

" Section 12. That § 37-14-13 be repealed.

37-14-13. Within ten days after the last day of said auction the applicant shall file in duplicate with the county auditor an inventory of all merchandise sold at such auction and the price received therefor which said inventory shall be verified. The county auditor shall, immediately after receiving such report, forward a copy thereof to the secretary of revenue. "

On page 5 , delete lines 1 and 2 .

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1204 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 9 of the printed bill , delete " is created " .

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

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1091 and 1242 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1245 and returns the same with the recommendation that said bill do pass and that the title be amended as follows:

On page 1 , line 3 of the printed bill , after " with " insert " the " .

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1131 and returns the same with the recommendation that said bill be amended as follows:

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

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

On page 1 , line 11 , delete everything before " . " .

On page 2 , line 2 , delete " locksmiths, " and insert " locksmiths and " .

On page 2 , line 2 , delete " , and " .

On page 2 , line 3 , delete everything before " . " .

On page 3 , line 7 , delete " locksmiths, " and insert " locksmiths and " .

On page 3 , line 7 , delete " and " .

On page 3 , line 8 , delete " lock parts made to individual order, " .

On page 4 , line 12 , delete " locksmiths, " and insert " locksmiths and " .

On page 4 , line 12 , delete " , and lock parts made to " .

On page 4 , line 13 , delete " individual order " .

On page 1 , line 1 of the printed bill , delete " locksmiths, " and insert " locksmiths and " .

On page 1 , line 1 , delete " , and locks made to " .

On page 1 , line 2 , delete " individual order " .

And that as so amended said bill do pass.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1169 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1015 which was deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1239 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

On page 3 , line 12 of the printed bill , delete " schools and programs or courses of instruction " .

On page 5 , line 6 , after " Investigation " insert " , from the 911 telecommunicator training fund " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1143 which was deferred to the 36th legislative day.

Respectfully submitted,
Kay Jorgensen, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1006 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 53, 70, 72, 82, and 85 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Yesterday, Rep. Broderick announced his intention to reconsider the vote by which HB 1046 was lost.

     Rep. Broderick moved to reconsider the vote by which HB 1046 was lost.

     The question being on Rep. Broderick's motion to reconsider the vote by which HB 1046 was lost.

     And the roll being called:

     Yeas 56, Nays 7, Excused 1, Absent and Not Voting 6

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Duenwald; Duniphan; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Hassard; Jaspers; Koetzle; McNenny; Napoli; Wetz

Excused were:
Lockner

Absent and Not Voting were:
Cutler; Diedrich; Duxbury; Jorgensen; Putnam; Richter

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1046 was up for reconsideration and final passage.

Rep. Broderick moved that HB 1046 be deferred until Wednesday, January 28th, the 12th legislative day.

Which motion prevailed and the bill was so deferred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1101 as found on page 210 of the House Journal; also

     Transportation on HB 1053 as found on pages 211 to 216 of the House Journal; also

     Transportation on HB 1154 as found on pages 216 and 217 of the House Journal; also

     Transportation on HB 1224 as found on page 218 of the House Journal; also

     Transportation on HB 1152 as found on page 218 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1328 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to increase the bonding authority for postsecondary technical institutes.

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

     HB 1329 Introduced by: The Committee on Appropriations at the request of the Governor

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

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

     HB 1330 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1054: FOR AN ACT ENTITLED, An Act to revise the definition of consanguinity and affinity in challenges for cause in jury trials.

Was read the second time.

The question being "Shall HB 1054 pass as amended?"

And the roll being called:

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

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

Excused were:
Lockner

Absent and Not Voting were:
Apa; Putnam; Richter

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confidentiality of child abuse or neglect information.

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

Rep. de Hueck moved that HB 1025 be referred to the Committee on Judiciary.

Which motion prevailed and the bill was so referred.

HB 1083: FOR AN ACT ENTITLED, An Act to cede certain jurisdiction over the Federal Prison Camp to the United States.

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

Rep. Hunt moved that HB 1083 be deferred until Monday, February 2nd, the 15th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1120: FOR AN ACT ENTITLED, An Act to provide for a graduated licensing system.

Was read the second time.

Rep. Jaspers moved that HB 1120 be amended as follows:

On page 2 , line 17 of the House State Affairs committee engrossed bill , after " months " insert " . For any such minor who has successfully completed a driver education class that has been approved by the Division of Education Services and Resources, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days " .

Which motion prevailed and HB 1120 was so amended.

Rep. Kooistra moved that HB 1120 be further amended as follows:

On page 1 , line 4 of the House State Affairs committee engrossed bill , after " fourteen " insert " and one-half " .

On page 2 , line 14 , before " years " insert " and one-half " .

A roll call vote was requested and supported.

    The question being on Rep. Kooistra's motion to amend HB 1120.

     And the roll being called:

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

     Yeas were:
Belatti; Crisp; Davis; Fitzgerald; Hunt; Kazmerzak; Kooistra; Munson (Donald); Peterson (Bill); Weber; Wick; Speaker Hagg

Nays were:
Apa; Barker; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Windhorst

Excused were:
Lockner

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

     The question now being "Shall HB 1120 pass as amended?"

     And the roll being called:

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

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

Nays were:
Cerny; Diedrich; Duenwald; Koetzle; Koskan; Monroe; Pederson (Gordon); Schrempp; Sokolow; Waltman; Weber; Wetz

Excused were:
Lockner

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 1155: FOR AN ACT ENTITLED, An Act to exempt certain purchases and leases of communications and computer technologies and equipment from bidding requirements.

Was read the second time.

     The question being "Shall HB 1155 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 7, Excused 1, Absent and Not Voting 2

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

Nays were:
de Hueck; Koetzle; Lucas; Moore; Napoli; Van Gerpen; Speaker Hagg

Excused were:
Lockner

Absent and Not Voting were:
Gabriel; Pummel

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 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Board of Counselor Examiners and the regulation of counseling.

Was read the second time.

     The question being "Shall HB 1048 pass as amended?"

     And the roll being called:

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

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

Nays were:
Crisp; de Hueck; Moore; Napoli; Speaker Hagg

Excused were:
Lockner

Absent and Not Voting were:
Gabriel; McNenny; Pummel

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 revise certain provisions relating to the types, procedures and qualifications for issuance, eligibility, privileges, and fees of certain hunting and fishing licenses issued by the Department of Game, Fish and Parks.

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

Rep. Brooks moved that HB 1029 be amended as follows:

On page 8 , line 14 of the House Agriculture & Natural Resources committee engrossed bill , after " a " insert " reduced " .

On page 8 , line 16 , after " state " insert " and annually renews the license by payment of a reduced fee and in a manner to be established by the Game, Fish and Parks Commission pursuant to chapter 1-26 " .

On page 13 , line 16 , after " rule. " insert " A resident of this state is not required to secure a predator/varmint license to hunt, take, or kill a predator/varmint on lands owned or operated by the resident. " .

Which motion prevailed and HB 1029 was so amended.

     The question being "Shall HB 1029 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 49, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Brooks; Chicoine; Crisp; Derby; Duniphan; Duxbury; Gleason; Hagen; Haley; Koetzle; Lucas; Munson (Donald); Richter; Roe; Schrempp; Sperry; Waltman; Weber

Nays were:
Apa; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Cerny; Collier; Cutler; Davis; de Hueck; Diedrich; Duenwald; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Rost; Schaunaman; Smidt; Sokolow; Solum; Van Gerpen; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Lockner

Absent and Not Voting were:
Brown (Richard)

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

Rep. Brooks announced his intention to reconsider the vote by which HB 1029 was lost.

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of certain counselors and to repeal certain provisions relating to the licensing of counselor associates.

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

Rep. Rost moved that HB 1049 be amended as follows:

On page 4 , line 13 of the House Commerce committee engrossed bill , delete " each " and insert " the current " .

On page 4 , line 13 , delete " during which the license " .

On page 4 , line 14 , delete " was inactive " .

Which motion prevailed and HB 1049 was so amended.

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

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent and Not Voting 0

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

Nays were:
Fiegen; Koskan; Moore; Napoli; Van Gerpen; Windhorst

Excused were:
Lockner; Waltman

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.

Speaker Pro tempore Hunt now presiding.

HB 1163: FOR AN ACT ENTITLED, An Act to repeal the continuous appropriation of money in the Department of Game, Fish, and Parks Fund.

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

Rep. de Hueck moved the previous question.

Which motion prevailed.

    The question being "Shall HB 1163 pass?"

     And the roll being called:

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

     Yeas were:
Brown (Jarvis); Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fitzgerald; Gabriel; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Lee; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Pummel; Putnam; Schrempp; Sokolow; Van Gerpen; Wetz; Wick

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Eccarius; Fischer-Clemens; Gleason; Haley; Hunt; Koetzle; Kredit; Lucas; Monroe; Moore; Munson (Donald); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Smidt; Solum; Sperry; Volesky; Waltman; Weber; Windhorst; Speaker Hagg

Excused were:
Lockner

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

Rep. McNenny announced his intention to reconsider the vote by which HB 1163 was lost.

HB 1121: FOR AN ACT ENTITLED, An Act to provide for the contracting of legal services for indigent defense and to create a lien in support thereof.

Was read the second time.

     The question being "Shall HB 1121 pass?"

     And the roll being called:

     Yeas 44, Nays 21, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Gabriel; Gleason; Hagen; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Lee; Madden; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Richter; Roe; Schaunaman; Solum; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Barker; Chicoine; Collier; Cutler; Eccarius; Fischer-Clemens; Fitzgerald; Haley; Hassard; Koetzle; Lucas; Matthews; Moore; Peterson (Bill); Rost; Schrempp; Smidt; Sokolow; Sperry; Wick; Windhorst

Excused were:
Cerny; Kredit; Lockner

Absent and Not Voting were:
Jaspers; 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 1176: FOR AN ACT ENTITLED, An Act to revise certain weight restrictions for anhydrous ammonia tank trailers.

Was read the second time.

The question being "Shall HB 1176 pass?"

And the roll being called:

Yeas 59, Nays 6, Excused 3, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Koskan; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Broderick; Brooks; Kooistra; Munson (Donald); Pederson (Gordon); Richter

Excused were:
Cerny; Kredit; Lockner

Absent and Not Voting were:
Cutler; 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.

Speaker Hagg now presiding.

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

Was read the second time.

     The question being "Shall HB 1200 pass?"

     And the roll being called:

     Yeas 46, Nays 18, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Brooks; Brown (Richard); Collier; de Hueck; Derby; Duenwald; Eccarius; Fitzgerald; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Koskan; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Broderick; Brown (Gary); Brown (Jarvis); Chicoine; Crisp; Cutler; Davis; Diedrich; Duniphan; Fiegen; Fischer-Clemens; Gabriel; Gleason; Konold; Kooistra; Richter; Solum

Excused were:
Cerny; Hassard; Kredit; Lee; Lockner

Absent and Not Voting were:
Duxbury

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 53: FOR AN ACT ENTITLED, An Act to require the reporting of criminal convictions, to provide certain licensing penalties, and to allow certain cooperation in a multi-state waiver process regarding persons engaged in the insurance business.

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

SB 70: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the median level of assessment for property tax purposes.

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

SB 72: FOR AN ACT ENTITLED, An Act to establish certain continuing education requirements for veterinary technicians.

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

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

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

SB 85: FOR AN ACT ENTITLED, An Act to limit the number of court-appointed attorneys and experts and the amount of money that can be paid to them for an indigent criminal defendant.

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

COMMEMORATIONS

HC 1001 Introduced by: Representatives Pummel and McNenny and Senator Kleven

A LEGISLATIVE COMMEMORATION, Honoring Denise L. Bryan of Belle Fourche as South Dakota's 1998 Teacher of the Year.

WHEREAS, Denise L. Bryan, a first grade teacher at South Park Elementary School in Belle Fourche, was chosen as the 1998 South Dakota Teacher of the Year and represented South Dakota in national competition for Teacher of the Year; and

WHEREAS, she has dedicated more than ten years to the teaching profession, eight of those years in the Belle Fourche school system; and

WHEREAS, she has worked diligently to improve the public's perception of education by showcasing her students' successes and demanding excellence of her profession and considers her greatest success as a teacher is in helping young students communicate:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-third Legislature of the State of South Dakota, that Denise L. Bryan be congratulated upon her selection as South Dakota's 1998 Teacher of the Year.

Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 4:55 p.m. the House adjourned.

KAREN GERDES, Chief Clerk