Joint Journal 01/27/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 27, 1999

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

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by House page Jamie Sowers.

     Roll Call: All members present except Rep. Jaspers 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 eleventh 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 Judiciary respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1090, 1092, 1093, 1094, and 1102 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 Judiciary respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the printed bill , delete " are confidential " and insert " shall be sealed " .

On page 1 , line 1 of the printed bill , delete " for the confidentiality of " and insert " that " .

On page 1 , line 2 , after " due " insert " be sealed " .

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

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 33, 42 and 7 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1095 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 State Affairs respectfully reports that it has had under consideration HB 1120 which was deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1051 and SB 51 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1086 which was deferred to the 41st legislative day.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1034 which has passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 90 and 94 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and your favorable concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1004 Introduced by: Representatives Juhnke, Brooks, Burg, Fischer-Clemens, Garnos, and Nachtigal and Senators Benson, Hutmacher, and Lange

A CONCURRENT RESOLUTION, Urging the establishment of an annual youth pheasant hunting season.

WHEREAS, hunting, along with the respect for wildlife and the natural environment that hunting fosters, is a wholesome, family tradition in South Dakota that should be continued and passed on to our children, particularly as our society becomes more urbanized and fewer young people have the opportunity to experience those traditions; and

WHEREAS, South Dakota's excellent pheasant hunting results in high numbers of resident and nonresident pheasant hunters and sometimes intense hunting pressure during the regular season, particularly during the opening weeks of the season; and

WHEREAS, this hunting pressure sometimes makes it difficult for younger hunters to experience a satisfying hunting experience; and

WHEREAS, South Dakota has successfully conducted youth deer hunting seasons before the opening of the regular season, which would suggest that a special youth pheasant hunting season would be feasible:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports the establishment by the Game, Fish and Parks Commission of an annual three-day youth pheasant hunting season that would begin on the Saturday before the opening of the regular season and would be open to any resident or nonresident hunter under the age of sixteen who holds a valid hunting license or permit, has completed a hunter safety course, and is accompanied by an adult who may not carry a firearm. During the youth season, the daily limit would be two cock pheasants, shooting hours would be from noon until sunset, and section-line hunting would not be permitted.

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

SCR 3: A CONCURRENT RESOLUTION, Defending South Dakota's right to all funds to be received through the 1998 tobacco settlement.

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

     Agriculture and Natural Resources on HB 1014 as found on page 184 of the House Journal; also

     Appropriations on HB 1076 as found on page 184 of the House Journal; also

     Commerce on HB 1058 as found on pages 185 to 187 of the House Journal; also

     Commerce on HB 1042 as found on pages 187 and 188 of the House Journal; also

     Commerce on HB 1045 as found on page 188 of the House Journal; also

     Education on HB 1084 as found on page 189 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1184 Introduced by: Representatives Chicoine and Broderick and Senator Albers

     FOR AN ACT ENTITLED, An Act to allow for the transfer of money from a school district's special education fund to its general fund under certain circumstances.

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

     HB 1185 Introduced by: Representative Koetzle and Senator Lawler

     FOR AN ACT ENTITLED, An Act to prohibit discrimination against certain employees for nonattendance due to severe weather or road conditions.

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

     HB 1186 Introduced by: Representatives Hunt and Cerny and Senators Frederick and Lange

     FOR AN ACT ENTITLED, An Act to restrict the access of minors to obscene materials on certain public access computers and to limit liability for certain related actions.

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

     HB 1187 Introduced by: Representatives Napoli, Apa, Brown (Richard), Cutler, Duenwald, Eccarius, Haley, Jaspers, Klaudt, Koskan, Lucas, Monroe, Peterson, Smidt, Volesky, and Young and Senators Daugaard, Benson, Bogue, Brown (Arnold), Drake, Flowers, Kleven, Rounds, and Vitter

     FOR AN ACT ENTITLED, An Act to provide for a six-person jury in small claims actions.

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

     HB 1188 Introduced by: Representatives Duenwald, Chicoine, Crisp, Diedtrich (Elmer), Smidt, Sutton (Daniel), and Wetz and Senators Bogue, Albers, Brosz, Dennert, Flowers, and Moore

     FOR AN ACT ENTITLED, An Act to establish minimum hours of operation for the office of the clerk of courts.

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

     HB 1189 Introduced by: Representatives Fiegen and Hunt and Senators Bogue, Everist, and Frederick

     FOR AN ACT ENTITLED, An Act to repeal the requirement that certain proposals for the regulation of professions and occupations be reviewed prior to session.

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

     HB 1190 Introduced by: Representatives Wetz, Brown (Richard), Duenwald, Jaspers, Klaudt, Peterson, and Roe and Senators Shoener, Reedy, Vitter, and Whiting

     FOR AN ACT ENTITLED, An Act to allow certain interstate shipments of wine.

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

     HB 1191 Introduced by: Representatives Brown (Richard), Broderick, Crisp, and Peterson and Senators Brown (Arnold), Everist, and Vitter

     FOR AN ACT ENTITLED, An Act to establish the South Dakota partnership fund and the tobacco settlement fund.

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

HB 1192 Introduced by: Representatives Wilson and McIntyre and Senator Paisley

FOR AN ACT ENTITLED, An Act to extend the time allowed to file an affidavit of recusal of hearing examiner.

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

     HB 1193 Introduced by: Representatives Monroe and Garnos and Senator Rounds

     FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot.

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

     HB 1194 Introduced by: Representatives Lintz, Juhnke, Koehn, McNenny, and Waltman and Senators Symens, Benson, Flowers, and Kleven

     FOR AN ACT ENTITLED, An Act to use cash rent to determine the value of agricultural land and to repeal the nonagricultural acreage classification.

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

     HB 1195 Introduced by: Representatives Sutton (Duane), Diedtrich (Elmer), Fischer- Clemens, Hennies, Jaspers, Juhnke, McCoy, and Sebert

     FOR AN ACT ENTITLED, An Act to increase and revise license fees for certain noncommercial vehicles and to revise the distribution of such fees.

     Was read the first time.

     HB 1196 Introduced by: Representatives Cutler and Koskan and Senator Paisley

     FOR AN ACT ENTITLED, An Act to allow the investment council to invest certain public funds.

     Was read the first time.

     HB 1197 Introduced by: Representatives Cutler, Crisp, Diedrich (Larry), Haley, Jaspers, Kazmerzak, and Wetz and Senators Frederick, Benson, Hutmacher, and Symens

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the organizational characteristics of certain commodity check-off programs.

     Was read the first time.

     HB 1198 Introduced by: Representatives Cutler, Crisp, Diedrich (Larry), Haley, Jaspers, Kazmerzak, and Wetz and Senators Kleven, Benson, Frederick, Hutmacher, and Symens

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to market development and promotion activities by certain commodity checkoff programs and the expenses associated with such activities.

     Was read the first time.

     HB 1199 Introduced by: Representatives Hunt and Fitzgerald and Senators Halverson and Brown (Arnold)

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

     Was read the first time.

     HB 1200 Introduced by: Representatives Hunt, Brooks, and Cutler and Senators Lange and Lawler

     FOR AN ACT ENTITLED, An Act to increase sales and use taxes, repeal the video lottery, and dedicate any additional revenue to reducing property taxes or increasing the per student allocation.

     Was read the first time.

     HB 1201 Introduced by: Representatives Hunt, Brooks, and Cutler and Senators Lange and Lawler

     FOR AN ACT ENTITLED, An Act to increase the state portion of video lottery machine income, to dedicate the additional revenue, and to provide for the repeal of video lottery.

     Was read the first time.

     HB 1202 Introduced by: Representative Volesky

     FOR AN ACT ENTITLED, An Act to provide for the election of the secretary of agriculture.

     Was read the first time.

     HB 1203 Introduced by: Representatives Brooks, Koskan, and Sebert and Senators Staggers, Bogue, Halverson, Lange, and Rounds

     FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the maintenance of the child's birth certificate with the child's academic record.

     Was read the first time.

     HB 1204 Introduced by: Representatives Koetzle, Burg, Cerny, Chicoine, Fischer- Clemens, Hagen, Haley, McIntyre, Nachtigal, Patterson, Sutton (Daniel), Volesky, Waltman, and Wilson and Senators Olson, Dennert, Dunn (Rebecca), Flowers, Hutmacher, Kloucek, Lange, Lawler, Reedy, and Symens

     FOR AN ACT ENTITLED, An Act to provide for certain increases in the state minimum wage.

     Was read the first time.

     HB 1205 Introduced by: Representatives Koetzle, Chicoine, Davis, Fischer-Clemens, Hagen, Haley, Lockner, McIntyre, Patterson, Sutton (Daniel), Volesky, and Wilson and Senators Olson, Dennert, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Kloucek, Lange, Lawler, Moore, Reedy, and Symens

     FOR AN ACT ENTITLED, An Act to provide notice and benefits to certain employees affected by plant closings and mass layoffs.

     Was read the first time.

     HB 1206 Introduced by: Representatives Koetzle, Brown (Jarvis), and Haley and Senators Moore and Everist

     FOR AN ACT ENTITLED, An Act to provide for the release of confidential criminal justice information under certain circumstances.

     Was read the first time.

     HB 1207 Introduced by: Representatives Michels, Crisp, Duniphan, Earley, and Monroe and Senators Everist, Daugaard, and Halverson

     FOR AN ACT ENTITLED, An Act to increase the time period for which a driver's license is revoked for certain drug offenses.

     Was read the first time.

     HB 1208 Introduced by: Representative Hunt and Senator Bogue

     FOR AN ACT ENTITLED, An Act to provide for the termination of a spousal joint tenancy by an interested person.

     Was read the first time.

     HB 1209 Introduced by: Representatives Hunt, Cerny, and Monroe and Senator Bogue

     FOR AN ACT ENTITLED, An Act to increase certain exemptions under the inheritance tax.

     Was read the first time.

     HB 1210 Introduced by: Representatives Wilson and McIntyre and Senator Paisley

     FOR AN ACT ENTITLED, An Act to provide a time to appeal notice of termination to a school board and to conduct a hearing thereon.

     Was read the first time.

     HB 1211 Introduced by: Representatives Wilson and McIntyre and Senator Paisley

     FOR AN ACT ENTITLED, An Act to extend the time for filing of the record in certain school appeals.

     Was read the first time.

HB 1212 Introduced by: Representatives Wilson, Cutler, Garnos, Lucas, McIntyre, Roe, Sutton (Daniel), and Wetz and Senators Munson (David) and Olson

FOR AN ACT ENTITLED, An Act to establish certain policies related to teacher staff reduction and recall.

Was read the first time.

HB 1213 Introduced by: Representatives Napoli, Apa, Brooks, Brown (Jarvis), Brown (Richard), Crisp, Cutler, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Eccarius, Engbrecht, Hagen, Hennies, Juhnke, Klaudt, Koetzle, Kooistra, Koskan, Lintz, Lucas, McCoy, McNenny, Monroe, Munson (Donald), Peterson, Pummel, Putnam, Roe, Slaughter, Smidt, Solum, Sutton (Duane), Weber, Wetz, Windhorst, and Young and Senators Rounds, Benson, Bogue, Brosz, Brown (Arnold), Drake, Flowers, Hutmacher, Kleven, Madden, Moore, Munson (David), and Staggers

FOR AN ACT ENTITLED, An Act to protect the normal operation and use of sport shooting ranges.

Was read the first time.

     HB 1214 Introduced by: Representatives Koskan, Brooks, Cutler, Juhnke, and Lucas and Senators Hutmacher and Benson

     FOR AN ACT ENTITLED, An Act to establish a safety zone around occupied dwellings located adjacent to certain public hunting areas.

     Was read the first time.

     HB 1215 Introduced by: Representatives Crisp and Kazmerzak and Senators Symens, Flowers, and Lange

     FOR AN ACT ENTITLED, An Act to provide for the continuation at the state level of certain federal commodity checkoff programs and to allow certain state checkoff programs to temporarily suspend the collection of checkoff assessments.

     Was read the first time.

     HB 1216 Introduced by: Representatives Lucas, Apa, Broderick, Cerny, Davis, Engbrecht, Fischer-Clemens, Garnos, Hagen, Haley, Hanson, Hennies, Kazmerzak, Koehn, Koetzle, Kooistra, Lockner, McCoy, McIntyre, Munson (Donald), Nachtigal, Peterson, Pummel, Sutton (Daniel), Volesky, Waltman, Weber, and Wilson and Senators Flowers, Brosz, Dunn (Rebecca), Duxbury, and Olson

     FOR AN ACT ENTITLED, An Act to require any person contesting a legislative election to first exhaust all statutory remedies.

     Was read the first time.

     HB 1217 Introduced by: Representatives Hennies, Apa, Broderick, Koehn, Kooistra, Lintz, and McIntyre and Senators Ham, Albers, Bogue, Drake, Dunn (Rebecca), Kleven, Lawler, and Vitter

     FOR AN ACT ENTITLED, An Act to revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.

     Was read the first time.

     HB 1218 Introduced by: Representatives Richter, Brown (Richard), Clark, Duniphan, Fiegen, Haley, Lucas, Smidt, and Waltman and Senators Duxbury, Brosz, Frederick, Olson, and Paisley

     FOR AN ACT ENTITLED, An Act to create a postsecondary education loan program.

     Was read the first time.

     HB 1219 Introduced by: Representatives Richter, Brown (Richard), Duniphan, Lucas, and Peterson and Senators Hainje, Brosz, and Drake

     FOR AN ACT ENTITLED, An Act to increase the school term.

     Was read the first time.

     HB 1220 Introduced by: Representative Peterson and Senator Staggers

     FOR AN ACT ENTITLED, An Act to repeal the wheel tax and to delay the effective date.

     Was read the first time.

     HB 1221 Introduced by: Representatives Fischer-Clemens, Cerny, Hanson, Patterson, Peterson, and Sutton (Duane) and Senators Moore, Albers, Flowers, and Madden

     FOR AN ACT ENTITLED, An Act to require that certain persons having contact with pupils in school have a certification of health.

     Was read the first time.

     HB 1222 Introduced by: Representatives Fischer-Clemens, Cerny, Hanson, Patterson, Peterson, and Sutton (Duane) and Senators Moore, Albers, Flowers, and Madden

     FOR AN ACT ENTITLED, An Act to regulate mobile health evaluation and screening providers.

     Was read the first time.

     HB 1223 Introduced by: Representatives Fischer-Clemens, Garnos, Konold, Michels, and Sebert and Senators Everist and Rounds

     FOR AN ACT ENTITLED, An Act to allow access to a deceased person's medical record.

     Was read the first time.

     HB 1224 Introduced by: Representatives Fiegen, Brown (Richard), Cutler, Peterson, Roe, and Volesky and Senators Daugaard, Brown (Arnold), Lawler, and Moore

     FOR AN ACT ENTITLED, An Act to govern the conditions under which a municipality may grant additional CATV franchises.

     Was read the first time.

HB 1225 Introduced by: Representatives Brown (Richard), Duniphan, and Peterson and Senators Munson (David) and Hainje

FOR AN ACT ENTITLED, An Act to exempt school districts from certain transportation requirements.

Was read the first time.

     HB 1226 Introduced by: Representatives Juhnke, Duenwald, and Nachtigal and Senators Benson and Lange

     FOR AN ACT ENTITLED, An Act to authorize counties to regulate certain section line hunting, fishing, and trapping practices.

     Was read the first time.

     HB 1227 Introduced by: Representative Crisp and Senators Symens, Lange, and Moore

     FOR AN ACT ENTITLED, An Act to provide for the suspension of certain production incentive or supplemental payments for the processing of certain agricultural commodities.

     Was read the first time.

     HB 1228 Introduced by: Representatives Roe and Cutler and Senator Halverson

     FOR AN ACT ENTITLED, An Act to require that certain pupils receive immunization against hepatitis B.

     Was read the first time.

HB 1229 Introduced by: Representative Putnam and Senator Drake

FOR AN ACT ENTITLED, An Act to require placement of students in temporary custody for certain weapons violations on school premises.

Was read the first time.

     HB 1230 Introduced by: Representatives Derby, Crisp, Davis, Jaspers, Konold, and Peterson and Senators Munson (David), Albers, Drake, Moore, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act to provide for the recovery of damages for checks, drafts, or orders not paid upon presentment.

     Was read the first time.

     HJR 1004 Introduced by: Representatives Weber, Koetzle, and Kooistra and Senator Lange

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

     Was read the first time.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1085: FOR AN ACT ENTITLED, An Act to allow certain persons on a county board of mental illness to serve more than two terms if appointed in the middle of a term.

Was read the second time.

     The question being "Shall HB 1085 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; 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); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Jaspers

Absent and Not Voting were:
Eccarius; Fischer-Clemens; Koehn; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1025: FOR AN ACT ENTITLED, An Act to revise confidentiality provisions regarding Department of Social Services record information concerning abuse or neglect resulting in the fatality or near fatality of a child.

Was read the second time.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; 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; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Klaudt; Koskan; Monroe; Nachtigal; Napoli; Wilson

Excused were:
Clark; Jaspers

Absent and Not Voting were:
Koehn

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 1053: FOR AN ACT ENTITLED, An Act to revise the open container law.

Was read the second time.

Rep. Konold moved that HB 1053 be amended as follows:

On page 2 , line 17 of the House Transportation committee engrossed bill , delete " the motor vehicle " and insert " a motor vehicle that is not equipped with a trunk " .

On page 2 , delete lines 19 to 22 , inclusive , and insert:

" Section 5. It is not a violation of section 1 of this Act if a carrier defined in subdivision 35-1- 1(3) is licensed pursuant to subdivision 35-4-2(9). "

On page 2 , line 24 , after " trailer " insert " while the vehicle is not in motion " .

Which motion prevailed and HB 1053 was so amended.

     The question being "Shall HB 1053 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); Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Burg; Cutler; Klaudt; Koehn; McNenny; Monroe; Putnam; Richter; Solum; Waltman; Weber; Young

Excused were:
Jaspers

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 1033: FOR AN ACT ENTITLED, An Act to increase estimated cost for certain construction projects and to declare an emergency.

Was read the second time.

The question being "Shall HB 1033 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, 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; 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); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Napoli

Excused were:
Jaspers

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 1079: FOR AN ACT ENTITLED, An Act to make an appropriation for the acquisition of Census 2000 redistricting data and to declare an emergency.

Was read the second time.

     The question being "Shall HB 1079 pass?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, 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; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; 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:
Apa; Monroe

Excused were:
Jaspers

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 1098: FOR AN ACT ENTITLED, An Act to revise the procedure for authorizing a bond issue involving two or more political subdivisions.

Was read the second time.

Rep. Larry Diedrich moved that HB 1098 be amended as follows:

On page 1 , after line 10 of the printed bill , insert:

" Section 2. That § 6-3-5 be amended to read as follows:

6-3-5. In the event that the proposition of issuing bonds of any of the participating subdivisions for the purposes of § § 6-3-1 to 6-3-8, inclusive, fails to carry by the requisite ~~majority~~ vote , such proposition may be resubmitted by the governing body at any time, with the consent of the governing bodies of the other participating subdivisions. "

Which motion prevailed and HB 1098 was so amended.

     The question being "Shall HB 1098 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 36, Excused 2, Absent and Not Voting 0

     Yeas were:
Brooks; Burg; Clark; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Juhnke; Klaudt; Koehn; Koetzle; Koskan; Lintz; Lockner; McNenny; Monroe; Nachtigal; Napoli; Pummel; Slaughter; Smidt; Sutton (Duane); Waltman; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; Derby; Duniphan; Earley; Engbrecht; Hagen; Haley; Hennies; Kazmerzak; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Patterson; Peterson; Putnam; Richter; Roe; Sebert; Solum; Sutton (Daniel); Volesky; Weber; Wetz; Wilson; Wudel

Excused were:
Jaspers; Windhorst

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

Rep. Larry Diedrich announced his intention to reconsider the vote by which HB 1098 was lost.

HB 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions to require alcohol coverage under certain insurance policies and to limit the cancellation of certain insurance policies and to repeal certain provisions regarding insurance company use of automobile glass repair companies.

Was read the second time.

     Rep. Apa moved that HB 1043 be laid on the table.

     The question being on Rep. Apa's motion that HB 1043 be laid on the table.

     And the roll being called:

     Yeas 45, Nays 23, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Cerny; Clark; Crisp; Cutler; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Waltman; Weber; Wetz; Windhorst; Wudel; Young

Nays were:
Brown (Jarvis); Burg; Chicoine; Davis; Derby; Diedtrich (Elmer); Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Kooistra; Lockner; Lucas; McIntyre; Michels; Nachtigal; Patterson; Sutton (Daniel); Volesky; Wilson; Speaker Hunt

Excused were:
Jaspers; Koetzle

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1043 was laid on the table.

HB 1081: FOR AN ACT ENTITLED, An Act to permit certain municipal officials to serve in volunteer, unsalaried municipal positions.

Was read the second time.

The question being "Shall HB 1081 pass?"

And the roll being called:

Yeas 63, Nays 4, 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); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; 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

Nays were:
McNenny; Napoli; Wetz; Speaker Hunt

Excused were:
Jaspers; Koetzle

Absent and Not Voting were:
Diedtrich (Elmer)

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 1088: FOR AN ACT ENTITLED, An Act to revise the requirements to determine if a building shall be connected to a public water system or public wastewater collection system.

Was read the second time.

     The question being "Shall HB 1088 pass?"

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, 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; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young

Nays were:
Eccarius; Fiegen; Monroe; Napoli; Richter; Wetz; Speaker Hunt

Excused were:
Jaspers

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 Pro tempore Eccarius now presiding.

HB 1072: FOR AN ACT ENTITLED, An Act to provide for a school district transportation levy.

Was read the second time.

Rep. Hagen moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1072 pass?"

     And the roll being called:

     Yeas 33, Nays 36, Excused 1, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Davis; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Patterson; Pummel; Solum; Volesky; Waltman; Weber; Wetz

Nays were:
Apa; Broderick; Brooks; Brown (Richard); Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Koehn; Koskan; Lintz; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Jaspers

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

Rep. Kooistra announced his intention to reconsider the vote by which HB 1072 was lost.

Speaker Hunt now presiding.

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions related to enrollment and attendance by secondary school students in postsecondary courses.

Was read the second time.

Rep. Koehn moved that HB 1074 be amended as follows:

On page 2 , line 4 of the printed bill , after " section " insert " by a student in grade nine or ten " .

On page 2 , line 5 , after " section " insert " until grade eleven or twelve. If a student in grade eleven or twelve fails a postsecondary course under this section, the student receiving the failure is no longer eligible to enroll for postsecondary courses under this section " .

Which motion prevailed and HB 1074 was so amended.

     The question being "Shall HB 1074 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; 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; Koetzle; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Brown (Jarvis); Chicoine; Kooistra; Munson (Donald); Wetz; Windhorst

Excused were:
Jaspers; Weber

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.

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

MOTION AND RESOLUTIONS

Rep. Cutler moved that HB 1156, 1157, and 1171 be referred from the Committee on Commerce to the Committee on Health and Human Services.

Which motion prevailed and the bills were so referred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 90: FOR AN ACT ENTITLED, An Act to allow the register of deeds to assist in the execution of United States passport applications.

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

SB 94: FOR AN ACT ENTITLED, An Act to allow certain law enforcement officers or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 67: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to the equalization of tax assessments.

Was read the second time.

     The question being "Shall SB 67 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 15, Excused 3, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer- Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; Michels; Nachtigal; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson; Wudel

Nays were:
Apa; Cutler; Fiegen; Fitzgerald; Klaudt; McCoy; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Wetz; Windhorst; Young; Speaker Hunt

Excused were:
Derby; Jaspers; Weber

Absent and Not Voting were:
Duenwald

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

Was read the second time.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; 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; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Klaudt

Excused were:
Derby; Jaspers; Weber

Absent and Not Voting were:
Davis; Duenwald

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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1034 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1034: FOR AN ACT ENTITLED, An Act to exempt the purchasing of natural gas from certain competitive bid requirements.

     SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding receipts and reimbursement for inmate transports to the penitentiary.

     SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notification of victims of crime.

     SB 18: FOR AN ACT ENTITLED, An Act to allow an inmate to waive a noncompliance hearing with the Board of Pardons and Paroles.

SB 37: FOR AN ACT ENTITLED, An Act to update references to certain federal regulations regarding the pipeline safety inspection program.

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1003 Introduced by: Representatives Koehn, 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, Hunt, Jaspers, Juhnke, Kazmerzak, Klaudt, 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, and Young and Senators Vitter, Albers, Bogue, Daugaard, Dennert, Drake, Dunn (Rebecca), Ham, Hutmacher, Kleven, Kloucek, Lange, Madden, Moore, Rounds, and Symens

A LEGISLATIVE COMMEMORATION, Honoring the memory of Mr. Ted Hustead, founder of South Dakota's famous Wall Drug in 1931.

WHEREAS, Ted Hustead distinguished himself in serving the people of Wall and visitors from around the globe for over sixty years, but always remembered that he was originally a pharmacist and was there to serve the people of Wall or whomever needed his help; and

WHEREAS, Ted Hustead, who originated Wall Drug's unprecedented sign campaign, was unable to convince NASA to assist him on placing a Wall Drug sign on the moon--a dream that may someday arise; and

WHEREAS, Ted Hustead was first and foremost a loving father, a caring husband, and a committed community member:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Ted Hustead be remembered for his unmatched contributions to not only South Dakota, but to visitors from around the world and that the memory of Ted Hustead live on for generations to come at Wall Drug.

Rep. Fiegen moved that the House do now adjourn, which motion prevailed, and at 4:46 p.m. the House adjourned.

KAREN GERDES, Chief Clerk