JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 21, 1999

     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 Diana Rehfeld.

     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 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1041 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1040 and returns the same with the recommendation that said bill be amended as follows:
t-1040a

     On page 2 , line 3 of the printed bill , after " land " insert " , livestock, " .

     On page 2 , line 4 , overstrike " or " .

     On page 2 , line 4 , after " antelope " insert " , or mountain lion " .

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1059 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 Local Government respectfully reports that it has had under consideration HB 1068 which was deferred to the 41st legislative day.


Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1024 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 Commerce respectfully reports that it has had under consideration HB 1050 and returns the same with the recommendation that said bill be amended as follows:

j-1050

     On page 2 , after line 14 of the printed bill , insert:

"

     Section 2. That § 58-17-85 be amended to read as follows:

     58-17-85.   If a person has an aggregate of at least twelve months of creditable coverage, the carrier shall accept such person for coverage under a health benefit plan, which contains benefits which are equal to or exceed the benefits contained in the basic plan that was approved pursuant to §   58-18B-32 and the maximum lifetime maximum benefit of the coverage is not less than one million dollars if the person applies within sixty-three days of the date of losing prior creditable coverage. In addition to the plan which equals or exceeds the basic coverage, the carrier shall also offer to the eligible person, the individual standard plan as approved by the director or a plan with benefits that exceed the standard plan. No carrier is required to issue further individual health benefit coverage under § §   58-17-68 to 58-17-87, inclusive, if the individual health benefit plans issued to high-risk individuals constitute two percent or more of that carrier's earned premium on an annual basis from individual health benefit plans covered by § §   58-17-66 to 58-17-87, inclusive. Each carrier who meets the two percent earned premium threshold shall report within thirty days to the director in a format prescribed by the director. If the director determines that all carriers in the individual market have met the two percent threshold, the threshold shall, upon order of the director, be expanded an additional two percent. The threshold shall be expanded in additional two percent increments if all carriers in the individual market meet the previous threshold. The director may promulgate rules pursuant to chapter 1-26 to determine which individual policies may be used to determine the two percent threshold, the procedures involved, and the applicable time frames. In making that determination, the director shall develop a method designed to limit the number of high-risk individuals to whom any one carrier may be required to issue coverage. No carrier is required to provide coverage pursuant to this section if:

             (1)      The applicant is eligible for continuation of coverage under an employer plan;

             (2)      The applicant's creditable coverage is a conversion plan from an employer group plan; or

             (3)      The person is covered or eligible to be covered under creditable coverage or lost creditable coverage due to nonpayment of premiums ; or

             (4)    The person loses coverage under a short term or limited duration plan .

     Any person who has exhausted continuation rights and who is eligible for conversion or other individual or association coverage has the option of obtaining coverage pursuant to this section or the conversion plan or other coverage. A person who is otherwise eligible for the

issuance of coverage pursuant to this section may not be required to show proof that coverage was denied by another carrier. "


j-1050t

     On page 1 , line 2 of the printed bill , after " policies " insert " and to clarify coverage for guarantee issue " .

     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 1048 which was deferred to the 41st legislative day.


Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration SB 24 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 Education respectfully reports that it has had under consideration HB 1032 and returns the same with the recommendation that said bill be amended as follows:

c-1032

     On page 1 , line 7 of the printed bill , after " ethics " delete " of " and insert " in effect on January 1, 1999, as determined by " .

     On page 1 , line 9 , delete " in effect on January 1, 1999 " .

     On page 1 , after line 11 , insert:

"      Section 2. 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. "


     And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” Brown, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 7, 20, 21, 22, 33, 34, 35, 36, 39, 47, 51, and 56 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 2 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


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

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1089   Introduced by:  Representatives Diedtrich (Elmer) and Sutton (Duane) and Senator Rounds

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the appointment of insurance agents.

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

     HB 1090   Introduced by:  Representatives Brown (Jarvis), Crisp, and Hunt and Senators Whiting, Everist, and Moore

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

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



     HB 1091   Introduced by:  Representatives Brown (Jarvis), Crisp, and Hunt and Senators Whiting, Everist, and Moore

       FOR AN ACT ENTITLED, An Act to   provide for the confidentiality of stipulations regarding the value of an estate being probated and decrees regarding the inheritance tax due.

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

     HB 1092   Introduced by:  Representatives Brown (Jarvis), Crisp, and Hunt and Senators Whiting, Everist, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the appointment of a special administrator for probate.

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

     HB 1093   Introduced by:  Representatives Brown (Jarvis), Crisp, and Hunt and Senators Whiting, Everist, and Moore

       FOR AN ACT ENTITLED, An Act to   exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

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

     HB 1094   Introduced by:  Representatives Brown (Jarvis), Crisp, and Hunt and Senators Moore and Everist

       FOR AN ACT ENTITLED, An Act to   revise certain guardianship and conservatorship provisions regarding appointment hearings, financial statements, and successors.

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

     HB 1095   Introduced by:  Representative Hunt and Senator Halverson

       FOR AN ACT ENTITLED, An Act to   revise certain administrative rules relating to telecommunications services.

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

     HB 1096   Introduced by:  Representatives Duenwald, Diedrich (Larry), Hagen, Jaspers, Koehn, Kooistra, Lintz, Monroe, Napoli, Wetz, and Young and Senators Vitter, Drake, Madden, Moore, and Staggers


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

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

     HB 1097   Introduced by:  Representatives Lucas, Brown (Richard), Davis, Haley, Kooistra, and Lockner and Senators Everist, Brosz, Ham, Kloucek, Moore, Munson (David), and Reedy

       FOR AN ACT ENTITLED, An Act to   establish qualifications for substitute teachers.

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

     HB 1098   Introduced by:  Representatives Diedrich (Larry), Cutler, Eccarius, Koskan, Lintz, McNenny, and Napoli and Senators Drake, Brosz, Dennert, Halverson, and Madden

       FOR AN ACT ENTITLED, An Act to   revise the procedure for authorizing a bond issue involving two or more political subdivisions.

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

     HB 1099   Introduced by:  Representatives Peterson, Duniphan, Fiegen, Fischer-Clemens, Koehn, Konold, Patterson, Solum, and Sutton (Duane) and Senators Daugaard, Lawler, Madden, Paisley, and Shoener

       FOR AN ACT ENTITLED, An Act to   revise the exemptions to the practice of cosmetology.

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

     HB 1100   Introduced by:  Representatives Sutton (Daniel), Burg, Chicoine, Crisp, Davis, Diedrich (Larry), Fischer-Clemens, Hanson, Kazmerzak, Lockner, Nachtigal, Weber, and Wilson and Senators Flowers, Dennert, Duxbury, Lawler, Staggers, and Symens

       FOR AN ACT ENTITLED, An Act to   establish the value added agricultural fund, to provide for its disbursement, and to appropriate certain sales and use tax collections to the fund.

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

     HB 1101   Introduced by:  Representatives Hunt, Fischer-Clemens, Koehn, Monroe, Volesky, and Young and Senators Lawler, Flowers, Kleven, and Moore

       FOR AN ACT ENTITLED, An Act to   authorize professional corporations comprised of health care professionals of more than one profession.



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

     HB 1102   Introduced by:  Representatives Michels and Hunt and Senators Everist and Daugaard

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the disclaimer of a property interest a person is entitled to by will or intestate succession.

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

     HB 1103   Introduced by:  Representatives Wilson, Brown (Jarvis), Hunt, and Michels and Senators Moore, Everist, and Munson (David)

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

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

     HB 1104   Introduced by:  Representatives Wetz, Derby, Duenwald, Fischer-Clemens, Garnos, Jaspers, Klaudt, Koskan, Monroe, and Slaughter and Senators Everist, Benson, Duxbury, Hainje, Shoener, and Vitter

       FOR AN ACT ENTITLED, An Act to   prohibit certain persons from holding elected county office.

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

     HB 1105   Introduced by:  Representatives Wetz, Cutler, Diedrich (Larry), Duenwald, Jaspers, Klaudt, Koehn, Koskan, Monroe, Sutton (Daniel), and Young and Senators Bogue, Benson, Drake, Duxbury, Shoener, and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize a person licensed to carry a concealed pistol in another state to carry a concealed pistol in this state under certain conditions.

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

     HB 1106   Introduced by:  Representatives Wetz, Brown (Jarvis), Cutler, Diedtrich (Elmer), Duenwald, Eccarius, Garnos, Hanson, Jaspers, Klaudt, McCoy, McNenny, Monroe, Smidt, and Sutton (Duane) and Senators Vitter, Benson, Bogue, Everist, and Symens

       FOR AN ACT ENTITLED, An Act to   repeal certain tax benefits available to railroads.


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

     HB 1107   Introduced by:  Representatives Cutler, Broderick, Chicoine, Fiegen, Fischer- Clemens, Peterson, and Wilson and Senators Olson, Munson (David), Reedy, Rounds, and Shoener

       FOR AN ACT ENTITLED, An Act to   reuse certain provisions regarding mutually binding agreements between beer wholesalers and brewers, to revise a term relative to beer industry relationships, and to make provisions for malt beverage brand extensions.

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

     There being no objection, the House proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 7:   FOR AN ACT ENTITLED, An Act to   establish the county road and bridge fund.

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

     SB 20:   FOR AN ACT ENTITLED, An Act to   provide for court-ordered restitution at the time a defendant is sentenced to the state penitentiary.

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

     SB 21:   FOR AN ACT ENTITLED, An Act to   specify the responsible party for inmate transportation to court-ordered hearings.

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

     SB 22:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to vital records.

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

     SB 33:   FOR AN ACT ENTITLED, An Act to   create a procedure for challenging certain nominating, initiative, or referendum petitions.

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



     SB 34:   FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning the certificate for nomination and to provide certain rule-making authority.

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

     SB 35:   FOR AN ACT ENTITLED, An Act to   revise the requirements for updating the master registration list.

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

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

     SB 39:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding safe drinking water to comply with the revised requirements of the federal Safe Drinking Water Act.

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

     SB 47:   FOR AN ACT ENTITLED, An Act to   revise the renewal fees for physicians, physician assistants, physical therapists, physical therapist assistants, medical corporations, and physician assistant corporations.

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

     SB 51:   FOR AN ACT ENTITLED, An Act to   apply certain uniform tax administration procedure hearings to the regulation of vehicle dealers.

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

     SB 56:   FOR AN ACT ENTITLED, An Act to   revise the definition of a qualified mental health professional.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1037:   FOR AN ACT ENTITLED, An Act to   revise certain motor carrier regulations and to increase motor carrier eligibility for single trip permits.

     Was read the second time.

     The question being "Shall HB 1037 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, 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; 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

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

     HB 1049:   FOR AN ACT ENTITLED, An Act to   require certain specifications and tolerances for weights and measures established by administrative rule to be in conformance with updated national standards.

     Was read the second time.

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

     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; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; 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:
Monroe; Napoli

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

     HB 1029:   FOR AN ACT ENTITLED, An Act to   repeal the definition for a rural primary care hospital and to provide for a definition of a critical access hospital.

     Was read the second time.

     The question being "Shall HB 1029 pass?"

     And the roll being called:

     Yeas 70, Nays 0, 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; 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

     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. Koskan requested that HB 1061 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1062:   FOR AN ACT ENTITLED, An Act to   revise the duties of magistrate judges.

     Was read the second time.

     The question being "Shall HB 1062 pass?"

     And the roll being called:


     Yeas 70, Nays 0, 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; 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

     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 1052:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding accident record fees.

     Was read the second time.

     The question being "Shall HB 1052 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 4, 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; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; 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; Koetzle; Monroe; Napoli

     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 1015:   FOR AN ACT ENTITLED, An Act to   revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

     Was read the second time.

     Rep. Duenwald moved that HB 1015 be deferred until Thursday, January 28, the 13th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1016:   FOR AN ACT ENTITLED, An Act to   revise the procedure for school district elections involving tie votes or request for recount.

     Was read the second time.

     The question being "Shall HB 1016 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent and Not Voting 0

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

     Nays were:
Crisp; Fischer-Clemens; Hagen; Haley; Kazmerzak; Koetzle; Konold; Kooistra; Lucas; Nachtigal; Napoli; Patterson; Sebert; Sutton (Daniel)

     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 1018:   FOR AN ACT ENTITLED, An Act to   allow the precinct superintendent to assign duties to the members of an election board and to consolidate the position of judge and clerk.

     Was read the second time.

     The question being "Shall HB 1018 pass as amended?"

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

     Nays were:
Napoli; Volesky

     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. Putnam moved that the House do now recess for the Joint Memorial Service, which motion prevailed, and at 3:00 p.m. the House recessed.

RECESS

     Pursuant to the report of the Joint-Select Committee as found on pages 46 and 47 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

     WHEREAS, the Divine Parliamentarian has ordered a final adjournment in the lives of ten former members of the South Dakota Legislature, namely: the Honorable Oscar P. Dahl, the Honorable Renold E."Dint" Furois, the Honorable Fred W."Fritz" Gellerman, the Honorable Kenneth Holum, Sr., the Honorable J.E. Krull, Sr., the Honorable Selmer E. Skotvold, the Honorable Clyde E. Streff, the Honorable Donald Tracy, the Honorable Wayne Unzicker, and the Honorable Eugene H. Wiest; and

     WHEREAS, the service rendered by these eminent public servants far outweighed any honors accorded them during their legislative terms; and

     WHEREAS, it is fitting that we, their legislative heirs, humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

     NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-fourth Session of the Legislature of the State of South Dakota duly convened in recess, that we do now pause in our labors out of respect for the memory of our late fellow associates and note that, in their passing, South Dakota has suffered a distinct

loss, the people of this great state have benefited greatly from the services rendered by them, and we in the Legislature have been furnished an inspiring example; and

     BE IT FURTHER RESOLVED, that this Resolution be printed in the Journal of the House of Representatives of the Seventy-fourth Session of the Legislature of the State of South Dakota, now assembled this 21st day of January, 1999, at Pierre, South Dakota.

    The Joint Session was dissolved and the House reconvened at 3:34 p.m., the Speaker presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

     HB 1047:   FOR AN ACT ENTITLED, An Act to   grant state-chartered banks powers allowed federally chartered banks under certain conditions.

     Was read the second time.

     The question being "Shall HB 1047 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, 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; 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

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

     HB 1028:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the inspection of certain residential care facilities.

     Was read the second time.

     The question being "Shall HB 1028 pass?"

     And the roll being called:


     Yeas 39, Nays 31, Excused 0, Absent and Not Voting 0

     Yeas were:
Broderick; Brown (Jarvis); Burg; Chicoine; Clark; Davis; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fryslie; Garnos; Haley; Hanson; Hennies; Juhnke; Koetzle; Konold; Lockner; Lucas; McCoy; McIntyre; Michels; Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson

     Nays were:
Apa; Brooks; Brown (Richard); Cerny; Crisp; Cutler; Derby; Diedrich (Larry); Duenwald; Engbrecht; Fitzgerald; Hagen; Jaspers; Kazmerzak; Klaudt; Koehn; Kooistra; Koskan; Lintz; McNenny; Monroe; Munson (Donald); Napoli; Putnam; Slaughter; Smidt; Wetz; Windhorst; Wudel; Young; Speaker Hunt

     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 1063:   FOR AN ACT ENTITLED, An Act to   authorize the courts to suspend driving privileges for persons convicted of driving or physical control of a motor vehicle while under age twenty-one and under the influence of alcohol or controlled substances and to permit the granting of certain restricted driving privileges for such persons.

     Was read the second time.

     The question being "Shall HB 1063 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 0, Absent and Not Voting 1

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

     Absent and Not Voting 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.

     HB 1064:   FOR AN ACT ENTITLED, An Act to   revise the court automation surcharge in civil actions, small claims proceedings, criminal actions, and proceedings before the Supreme Court.

     Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

     Yeas 60, Nays 10, Excused 0, Absent and Not Voting 0

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

     Nays were:
Apa; Eccarius; Klaudt; Koehn; Koskan; Monroe; Munson (Donald); Napoli; Peterson; Windhorst

     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.

     There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 22nd, the 9th legislative day.

     Which motion prevailed.

     Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at 4:21 p.m. the House adjourned.

KAREN GERDES, Chief Clerk