Joint Journal 02/19/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 19, 1999

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

     The prayer was offered by the Chaplain, Pastor James Sumner, followed by the Pledge of Allegiance led by House page Nathaniel Torberson.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,

ROGER W. HUNT, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1009, 1023, 1045, 1051, 1071, 1079, 1089, 1092, 1108, 1113, and 1137, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 235, 236, and 54 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 55, 57, and 58 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 Health and Human Services respectfully reports that it has had under consideration HCR 1009 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 190 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 Judiciary respectfully reports that it has had under consideration SB 128 and returns the same with the recommendation that said bill be amended as follows:

r-128a

On page 1 , delete lines 5 to 16 of the Senate Judiciary committee engrossed bill , inclusive , and insert:

" Section 1. No alcoholic beverages, controlled substances as defined by chapter 34-20B, hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any juvenile in or on the grounds of a juvenile correctional facility. No prescription or nonprescription drugs may be possessed by any juvenile in or on the grounds of a juvenile correctional facility except by order of a physician. Such order shall be in writing and for a definite period.

Section 2. No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any juvenile in or on the grounds of any juvenile correctional facility, or deposit or conceal in or on the grounds of a juvenile correctional facility, or in any mode of transport entering the grounds of a juvenile correctional facility and its ancillary facilities used to house juveniles, any article or thing contrary to § 24- 11-47 with intent that any juvenile obtain or receive the same. A violation of this section is a Class 6 felony. "

On page 2 , delete lines 1 to 8 , inclusive .

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

r-171a

On page 1 , line 15 of the printed bill , after " damage. " insert " For the purposes of this Act, all acts of vandalism that are part of a course of conduct involving driving a motor vehicle or being a passenger in a motor vehicle shall be deemed to have occurred while driving a motor vehicle or being a passenger in a motor vehicle. " .

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

r-49a

On page 7 , between lines 2 and 3 of the Senate Commerce committee engrossed bill , insert:

" Section 13. No employer may discriminate in hiring any prospective employee due to a preexisting injury if the preexisting injury does not affect the prospective employee's ability to perform the work for which the prospective employee is being hired. "

And that as so amended said bill do pass.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 5 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 200 and returns the same with the recommendation that said bill be amended as follows:

o-200

On the Senate Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

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 HCR 1008 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 3 and returns the same with the recommendation that said resolution be concurred in.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1005 which was deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1039, 1053, 1070, 1107, 1193, 1207, and 1262 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1096, 1109, 1130, 1134, 1135, 1136, 1140, 1146, 1160, 1172, 1199, and 1246 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 217, 218, 219, and 233 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

House Page Resolution 3: Introduced by: Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Bury; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli;

Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Seventy-fourth Legislature of the State of South Dakota to Matthew Cremer, Jill Ireland, Stephanie Kimball, Benjamin Nusz, Matt Oedekoven, Al Raschke, Alison Rice, Joel Rische, Christopher Rounds, Tara Scheel, Nathaniel Torberson, and Adam Werkmeister

WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-fourth Legislative Session; and

WHEREAS, the members of the Seventy-fourth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-fourth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

Rep. Cutler moved that House Page Resolution 3 be adopted.

Which motion prevailed and the resolution was adopted.

Speaker Pro tempore Eccarius now presiding.

     Rep. Wilson moved that the House do concur in Senate amendments to HB 1103.

     The question being on Rep. Wilson's motion that the House do concur in Senate amendments to HB 1103.

     And the roll being called:

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

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Nachtigal; Patterson; Pummel; Putnam; Sebert; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Broderick; Cutler; Diedrich (Larry); Eccarius; Fiegen; Jaspers; Juhnke; Klaudt; McNenny; Munson (Donald); Napoli; Peterson; Richter; Roe; Slaughter; Sutton (Duane); Wetz; Young

Absent and Not Voting were:
Apa; Koskan

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

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

     Rep. Peterson moved to reconsider the vote by which HB 1283 was lost.

     The question being on Rep. Peterson's motion to reconsider the vote by which HB 1283 was lost.

     And the roll being called:

     Yeas 64, Nays 5, Excused 0, Absent and Not Voting 1

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

Nays were:
Klaudt; Koehn; Lintz; Napoli; Wetz

Absent and Not Voting were:
Koskan

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1283 was up for reconsideration and final passage.

Rep. Michels moved that HB 1283 be placed to follow HB 1248 on today's calendar.

Which motion prevailed and HB 1283 was so placed.

HCR 1012 Introduced by: Representatives Weber, Cerny, Chicoine, Crisp, Haley, Koehn, Koetzle, Kooistra, Lockner, and Sutton (Daniel) and Senators Kloucek, Dennert, Hutmacher, and Lange

A CONCURRENT RESOLUTION, Calling upon the United States Department of Justice and the Attorneys General of Minnesota, South Dakota, Iowa, and Nebraska to investigate collusive practices in the midwestern food processing industries.

WHEREAS, recent federal studies of the cattle and hog industries have shown that the strategic use of captive supply procurement methods by meatpacking corporations are associated with reductions in cash market prices for cattle, indicating possible illegal manipulation of prices; and

WHEREAS, recent federal studies of the pork packing industry have shown that meatpacking corporations have voluntarily reported prices that did not reflect actual transaction prices, indicating possible deceptive practices; and

WHEREAS, further federal studies indicate that base prices and premiums paid by meatpacking corporations increase with producer size, indicating possible discriminatory practices and undue preferential treatment of producers; and

WHEREAS, the proposed purchase of the grain operations of the Continental Grain Company by Cargill, Incorporated, will limit the marketing opportunities of midwestern grain producers and open the door to possibly illegal market manipulation and discriminatory practices:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the United States Department of Justice is requested to send senior investigative and administrative personnel to a convenient midwestern location to meet with farmers and others with experience in dealing with meatpacking and grain processing corporations to discuss possible violations of antitrust and other laws in those industries; and that the United States Department of Justice is requested to open an investigation of possible antitrust violations in the midwestern meatpacking, grain processing, and grain storage industries; and that the attorneys general of South Dakota, Minnesota, Iowa, and Nebraska are requested to open parallel investigations of those same industries for possible violations of state laws; and that the United States Department of Justice is requested to develop a plan for immediate, aggressive, and comprehensive enforcement of the federal Packers and Stockyards Act and other laws designed to preserve competition and open markets in the midwestern grain and livestock industries.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1302 as found on page 594 of the House Journal; also

     Appropriations on HB 1218 as found on pages 594 to 597 of the House Journal; also

     Local Government on HB 1164 as found on page 599 of the House Journal; also

     Local Government on HB 1224 as found on pages 599 and 600 of the House Journal; also

     Education on HB 1178 as found on pages 600 to 604 of the House Journal; also

     Education on HB 1229 as found on pages 604 and 605 of the House Journal; also

     Taxation on HB 1232 as found on pages 607 and 608 of the House Journal; also

     Taxation on HB 1159 as found on pages 608 and 609 of the House Journal; also

     Taxation on HB 1175 as found on pages 609 and 610 of the House Journal; also

     Agriculture and Natural Resources on HB 1233 as found on page 625 of the House Journal; also

     Commerce on HB 1293 as found on page 625 of the House Journal; also

     Health and Human Services on HB 1008 as found on page 626 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Fiegen moved that the word "not" be stricken from the report of the Committee on Local Government on HB 1224 as found on pages 599 and 600 of the House Journal and that HB 1224 be placed on today's calendar.

     The question being on Rep. Fiegen's motion that the word "not" be stricken from the report of the Committee on Local Government on HB 1224 as found on pages 599 and 600 of the House Journal and that HB 1224 be placed on today's calendar.

     And the roll being called:

     Yeas 50, Nays 20, Excused 0, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Napoli; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Windhorst; Young; Speaker Hunt

Nays were:
Apa; Crisp; Davis; Derby; Diedtrich (Elmer); Fischer-Clemens; Klaudt; Koehn; Koetzle; Lintz; Lockner; McNenny; Nachtigal; Patterson; Pummel; Sutton (Daniel); Volesky; Waltman; Wilson; Wudel

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the "not" was stricken and HB 1224 was placed on today's calendar.

     Rep. Waltman moved that HB 1159 be placed on today's calendar.

     The question being on Rep. Waltman's motion that HB 1159 be placed on today's calendar.

     And the roll being called:

     Yeas 54, Nays 15, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Broderick; Clark; Crisp; Diedrich (Larry); Earley; Eccarius; Garnos; Jaspers; Konold; Koskan; Monroe; Napoli; Roe; Sebert; Smidt

Absent and Not Voting were:
Duniphan

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1159 was so placed.

     Rep. Kazmerzak moved that HB 1175 be placed on today's calendar.

     The question being on Rep. Kazmerzak's motion that HB 1175 be placed on today's calendar.

     And the roll being called:

Yeas 28, Nays 41, Excused 0, Absent and Not Voting 1

Yeas were:
Apa; Burg; Cerny; Chicoine; Davis; Diedtrich (Elmer); Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Koskan; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Solum; Sutton (Daniel); Volesky; Waltman; Wilson

Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Garnos; Jaspers; Juhnke; Klaudt; Koehn; Konold; Lintz; McCoy; McNenny; Michels; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Absent and Not Voting were:
Hennies

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

     Rep. Hunt moved that the word "not" be stricken from the report of the Committee on Health and Human Services on HB 1008 as found on page 626 of the House Journal and that HB 1008 be placed on today's calendar.

     The question being on Rep. Hunt's motion that the word "not" be stricken from the report of the Committee on Health and Human Services on HB 1008 as found on page 626 of the House Journal and that HB 1008 be placed on today's calendar.

     And the roll being called:

     Yeas 23, Nays 46, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Brooks; Brown (Jarvis); Cerny; Crisp; Cutler; Davis; Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fitzgerald; Kazmerzak; Koehn; Lockner; McNenny; Monroe; Napoli; Smidt; Windhorst; Young; Speaker Hunt

Nays were:
Broderick; Brown (Richard); Burg; Chicoine; Clark; Derby; Diedrich (Larry); Diedtrich (Elmer); Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

Absent and Not Voting were:
Hennies

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

     Rep. Young moved that HB 1293 be placed on today's calendar.

     The question being on Rep. Young's motion that HB 1293 be placed on today's calendar.

     And the roll being called:

     Yeas 36, Nays 34, Excused 0, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Clark; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Hennies; Jaspers; Juhnke; Koehn; Konold; Koskan; McCoy; McNenny; Michels; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1293 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the apprehension and transportation of a person believed to require emergency intervention.

Was read the second time.

The question being "Shall SB 53 pass as amended?"

And the roll being called:

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

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

Nays were:
Klaudt

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

SB 36: FOR AN ACT ENTITLED, An Act to permit the Public Utilities Commission to measure grain at the request of the operator of a public grain warehouse.

Was read the second time.

     The question being "Shall SB 36 pass?"

     And the roll being called:

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

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

Nays were:
Duniphan

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. Koetzle requested that SB 6 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

     SCR 1: A CONCURRENT RESOLUTION, Requesting the United States Congress to exempt agricultural commodities and products from economic sanctions.

     Was read the second time.

     The question being "Shall SCR 1 as found on page 13 and amended on page 115 of the Senate Journal be concurred in?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0

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

Nays were:
Konold; Sebert

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared SCR 1 concurred in.

     SCR 2: A CONCURRENT RESOLUTION, Supporting a change in federal regulations and definitions for beginning farmer bonds.

     Was read the second time.

     The question being "Shall SCR 2 as found on page 14 of the Senate Journal be concurred in?"

     And the roll being called:

Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0

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

Nays were:
Fiegen; Monroe

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared SCR 2 concurred in.

Speaker Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that HB 1292, 1218, and 1178 be placed to follow HB 1293 on today's calendar.

Which motion prevailed and the bills were so placed.

HB 1273: FOR AN ACT ENTITLED, An Act to revise certain provisions and an inspection fee regarding moisture-measuring devices and protein-measuring devices.

Was read the second time.

     The question being "Shall HB 1273 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 32, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fitzgerald; Fryslie; Juhnke; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Pummel; Putnam; Roe; Sebert; Solum; Sutton (Daniel); Volesky; Weber; Windhorst; Wudel

Nays were:
Cerny; Chicoine; Cutler; Davis; Duniphan; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Klaudt; Koetzle; Lockner; Lucas; McNenny; Nachtigal; Napoli; Patterson; Peterson; Richter; Slaughter; Smidt; Sutton (Duane); Waltman; Wetz; Wilson; Young; Speaker Hunt

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

HB 1248: FOR AN ACT ENTITLED, An Act to establish the maintenance and repair fund for state dams and to provide for its funding.

Was read the second time.

     The question being "Shall HB 1248 pass?"

     And the roll being called:

     Yeas 27, Nays 43, Excused 0, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Eccarius; Fitzgerald; Fryslie; Hennies; Jaspers; Juhnke; McCoy; McNenny; Michels; Monroe; Peterson; Pummel; Roe; Smidt; Windhorst

Nays were:
Apa; Burg; Crisp; Diedrich (Larry); Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Richter; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

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

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

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

j-1283f

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

On page 7 , line 21 of the House Commerce committee engrossed bill , delete " or photogrammetry " .

On page 9 , line 25 , delete " photogrammetry, " .

On page 15 , line 24 , delete " photogrammetrists, " .

On page 21 , line 23 , delete " photogrammetrist, " .

On page 22 , line 5 , delete " photogrammetry, " .

On page 22 , line 7 , delete " photogrammetrist, " .

On page 22 , line 15 , delete " photogrammetrist, " .

On page 23 , line 25 , delete " photogrammetrist, " .

On page 25 , line 19 , delete " photogrammetry, " .

On page 26 , line 3 , delete " photogrammetry, " .

On page 26 , line 19 , delete " photogrammetry, " .

On page 27 , line 25 , delete " photogrammetry, " .

On page 33 , line 16 , delete " photogrammetry, " .

On page 33 , line 20 , delete " photogrammetrist, " .

On page 33 , line 24 , delete " photogrammetrist, " .

On page 34 , line 3 , delete " photogrammetrist's, " .

On page 34 , line 15 , delete " Class 1 " and insert " Class 2 " .

On page 34 , line 15 , delete everything after " misdemeanor " and insert " . "

On page 34 , delete line 16 .

On page 35 , line 13 , delete " photogrammetrist, " .

On page 35 , line 23 , delete " photogrammetry, " .

On page 37 , delete lines 13 to 25 , inclusive .

On page 38 , delete lines 1 to 17 , inclusive .

Which motion prevailed and HB 1283 was so amended.

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

     And the roll being called:

     Yeas 58, Nays 9, Excused 2, Absent and Not Voting 1

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

Nays were:
Fiegen; Klaudt; Koehn; Kooistra; Lintz; Napoli; Slaughter; Wetz; Wilson

Excused were:
McNenny; Richter

Absent and Not Voting were:
Koetzle

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

The question being on the title.

Rep. Windhorst moved that the title to HB 1283 be amended as follows:

On page 1 , line 2 of the House Commerce committee engrossed bill , after " surveying, " delete "photogrammetry,".

Which motion prevailed and the title was so amended.

HB 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to provide for certain tax refunds for elderly and disabled persons.

Was read the second time.

The question being "Shall HB 1260 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 2, Absent and Not Voting 2

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

Excused were:
Jaspers; Richter

Absent and Not Voting were:
Koetzle; Lintz

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

HB 1291: FOR AN ACT ENTITLED, An Act to repeal certain restrictions against lobbying within a year after termination of service or employment with the state.

Was read the second time.

     The question being "Shall HB 1291 pass?"

     And the roll being called:

     Yeas 37, Nays 30, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Richard); Chicoine; Cutler; Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Haley; Hennies; Juhnke; Koetzle; Konold; Koskan; McNenny; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wilson; Wudel; Young

Nays were:
Apa; Brown (Jarvis); Burg; Cerny; Clark; Crisp; Davis; Derby; Diedrich (Larry); Duniphan; Fryslie; Hagen; Hanson; Kazmerzak; Klaudt; Koehn; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Nachtigal; Napoli; Patterson; Volesky; Waltman; Weber; Windhorst; Speaker Hunt

Excused were:
Jaspers; Richter

Absent and Not Voting were:
Lintz

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

HB 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the expenses of state officers and employees which are reimbursable.

Was read the second time.

x-1198

Rep. Cutler moved that HB 1198 be amended as follows:

On page 1 , line 14 of the House State Affairs committee engrossed bill , delete " head of an agency as defined in § 1-32-1 " and insert " chair of a commission or council created by chapters 38-10, 38-27, 38-29, and 38-32 " .

On page 1 , line 15 , after " meals " insert " , excluding alcoholic beverage as defined in subdivision 35-1-1(1) " .

On page 2 , line 4 , delete " agency's " and insert " commission's or council's " .

On page 2 , line 7 , after " Governor " insert " and supported by receipts ".

Which motion prevailed and HB 1198 was so amended.

     The question being "Shall HB 1198 pass as amended?"

     And the roll being called:

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

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

Nays were:
Apa; Cerny; Eccarius; Fiegen; Hanson; Lockner; McCoy; Nachtigal; Napoli; Waltman; Windhorst; Speaker Hunt

Excused were:
Richter

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

HB 1240: FOR AN ACT ENTITLED, An Act to declare that the South Dakota Oilseeds Council, the South Dakota Soybean Research and Promotion Council, and the South Dakota Corn Utilization Council, are not agencies of the State of South Dakota, to repeal their rulemaking authority, and to revise other provisions relating to them and the Department of Agriculture.

Was read the second time.

Rep. Cutler moved that HB 1240 be placed to follow HB 1302 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1237: FOR AN ACT ENTITLED, An Act to repeal the video lottery and to refer the Act to a vote of the electors of this state at the next general election.

Was read the second time.

Rep. Cutler moved that HB 1237 be placed to follow HB 1178 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1282 : FOR AN ACT ENTITLED, An Act to revise the confidentiality related to certain patient records.

Was read the second time.

The question being "Shall HB 1282 pass as amended?"

And the roll being called:

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

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

Nays were:
Cerny; Chicoine; Crisp; Davis; Hagen; Kooistra; Koskan; Lockner; Napoli; Pummel; Volesky; Wilson

Excused were:
Richter

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

     Rep. Cutler moved that the rules be suspended for the sole purpose of placing HB 1296, 1005, 1302, 1240, 1164, 1229, 1232, 1038, 1233, 1224, 1159, 1293, 1292, 1218, 1178, and 1237 on the calendar for Monday, February 22nd, the 29th legislative day.

     The question being on Rep. Cutler's motion that the rules be suspended for the sole purpose of placing HB 1296, 1005, 1302, 1240, 1164, 1229, 1232, 1038, 1233, 1224, 1159, 1293, 1292, 1218, 1178, and 1237 on the calendar for Monday, February 22nd, the 29th legislative day.

     And the roll being called:

     Yeas 67, Nays 1, Excused 1, Absent and Not Voting 1

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

Nays were:
McIntyre

Excused were:
Richter

Absent and Not Voting were:
Lockner

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the bills were so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 217: FOR AN ACT ENTITLED, An Act to authorize certain expenditures out of the water and environment fund, the environment and natural resources fee fund, and the federal hardship grant program, and to declare an emergency.

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

SB 218: 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.

SB 219: FOR AN ACT ENTITLED, An Act to make appropriations for a donation to the World War II National Memorial and for commemorative memorials for persons awarded the Congressional Medal of Honor and to declare an emergency.

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

SB 233: FOR AN ACT ENTITLED, An Act to provide increased funding for the maintenance of state and local highways and roads and to declare an emergency.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Putnam moved that SB 106, 10, 11, 12, 132, 47, 15, 79, 80, 126, 134, 103, 146, 34, 71, 52, 95, 176, 130, 172, 99, and 27 be deferred until Monday, February 22nd, the 29th 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 1096, 1103, 1109, 1130, 1134, 1135, 1136, 1140, 1146, 1160, 1172, 1199, and 1246 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1096: FOR AN ACT ENTITLED, An Act to make the appointment of the county planning commission permissive.

     HB 1103: FOR AN ACT ENTITLED, An Act to increase the per diem paid to jurors.

     HB 1109: FOR AN ACT ENTITLED, An Act to provide, by a single procedure, for the amendment and restatement of the articles of incorporation of certain nonprofit corporations.

     HB 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the involuntary commitment of certain mentally ill persons.

     HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning weight and speed allowances for certain harvest vehicles.

     HB 1135: FOR AN ACT ENTITLED, An Act to allow certain community-based primary health organizations to provide publicly funded dental services.

     HB 1136: FOR AN ACT ENTITLED, An Act to revise who may be informed of a decedent's intention to make an anatomical gift.

     HB 1140: FOR AN ACT ENTITLED, An Act to decrease the rate of interest on property tax certificates and delinquent taxes.

     HB 1146: FOR AN ACT ENTITLED, An Act to revise the procedure for determining when the unpaid taxes of a mobile home are delinquent.

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

     HB 1172: FOR AN ACT ENTITLED, An Act to authorize boards of county commissioners to hold certain meetings at locations outside of the county seat.

     HB 1199: FOR AN ACT ENTITLED, An Act to restrict the distribution of alcoholic beverages to persons under eighteen years of age by parents, guardians, or spouses over twenty- one years of age.

     HB 1246: FOR AN ACT ENTITLED, An Act to provide a per diem allowance for county and municipal housing and redevelopment commissioners.

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

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

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

     And signed the same in the presence of the House.

Rep. Brooks moved that the House do now adjourn, which motion prevailed, and at 3:40 p.m. the House adjourned.

KAREN GERDES, Chief Clerk