Joint Journal 02/02/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 2, 1999

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

     The prayer was offered by the Chaplain, Pastor Phil Lint, followed by the Pledge of Allegiance led by House page Tyler Sharp.

     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 fifteenth 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.

HONORED GUESTS

Rep. Cerny introduced Danielle Buechler, Voice of Democracy first place state winner, from Centerville, South Dakota.

Rep. Duenwald introduced Karin Simon, Miss South Dakota Stockgrower, from Tolstoy, South Dakota.

Speaker Hunt introduced Megan Juhnke, daughter of Rep. Kent Juhnke and the South Dakota Beef Ambassador, from Presho, South Dakota.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

j-1009e

On page 2 , after line 7 of the printed bill , insert:

" Section 3. Nothing in this Act applies to dental only, vision only, accident only, school accident, travel, or specified disease plans or plans that primarily provide a fixed daily, fixed occurrence, or fixed per procedure benefit without regard to expenses incurred. "

J-1009

On page 2 , line 4 of the printed bill , delete " under chapter 36-4 " .

On page 2 , line 5 , delete " clinical peer " and insert " director " .

On page 2 , line 6 , delete " this state, as director " and insert " that healing art " .

J-1009T

On page 1 , line 2 of the printed bill , delete " clinical peer " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1010 and returns the same with the recommendation that said bill be amended as follows:

j-1010e

On page 5 , after line 12 of the printed bill , insert:

" Section 9. Nothing in this Act applies to dental only, vision only, accident only, school accident, travel, or specified disease plans or plans that primarily provide a fixed daily, fixed occurrence, or fixed per procedure benefit without regard to expenses incurred. The provisions of this Act only apply to oral or written communications specifically designed to elicit an application for insurance. "

j-1010

On page 3 , line 14 of the printed bill , after " for " insert " covered " .

On page 3 , line 22 , delete " , to be " .

On page 3 , line 23 , delete " devised by the division " .

On page 4 , delete lines 9 to 11 , inclusive .

On page 4 , line 12 , delete " (6) " and insert " (5) " .

On page 4 , line 20 , delete " (7) " and insert " (6) " .

On page 5 , line 1 , delete " (8) " and insert " (7) " .

j-1010f

On page 5 , after line 12 of the printed bill , insert:

" Section 9. If the director of the Division of Insurance and the secretary of the Department of Health find that the requirements of any private accrediting body meet the requirements of this Act, the managed care plan may, at the discretion of the director and secretary, be deemed to have met the applicable requirements. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1011 and returns the same with the recommendation that said bill be amended as follows:

j-1011e

On page 2 , after line 19 of the printed bill , insert:

j-1011b

On page 2 , after line 19 of the printed bill , insert:

" Section 3. If the director of the Division of Insurance and the secretary of the Department of Health find that the requirements of any private accrediting body meet the requirements of network adequacy as set forth in this Act, the managed care plan may, at the discretion of the director and secretary, be deemed to have met the applicable requirements. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1012 and returns the same with the recommendation that said bill be amended as follows:

j-1012e

On page 12 , after line 24 of the printed bill , insert:

" Section 41. Nothing in this Act applies to dental only, vision only, accident only, school accident, travel, or specified disease plans or plans that primarily provide a fixed daily, fixed occurrence, or fixed per procedure benefit without regard to expenses incurred. "

j-1012f

On page 2 , line 4 of the printed bill , delete " in the state of South Dakota and " .

On page 2 , line 14 , delete everything after " plan " .

On page 2 , line 15 , delete " person " .

On page 6 , line 7 , after " Qualified " insert " licensed " .

On page 6 , line 7 , delete " , licensed and in active practice, " .

On page 10 , delete lines 22 to 25 , inclusive .

On page 11 , delete lines 1 to 25 , inclusive .

On page 12 , delete lines 1 to 12 , inclusive .

On page 12 , delete lines 23 and 24 .

J-1012b

On page 12 , after line 24 of the printed bill , insert:

" Section 41. If the director of the Division of Insurance and the secretary of the Department of Health find that the requirements of any private accrediting body meet the requirements of utilization review as set forth in this Act, the managed care plan may, at the discretion of the director and secretary, be deemed to have met the applicable requirements. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1013 and returns the same with the recommendation that said bill be amended as follows:

j-1013e

On page 3 , after line 20 of the printed bill , insert:

" Section 7. Nothing in this Act applies to dental only, vision only, accident only, school accident, travel, or specified disease plans or plans that primarily provide a fixed daily, fixed occurrence, or fixed per procedure benefit without regard to expenses incurred. "

j-1013b

On page 3 , after line 20 of the printed bill , insert:

" Section 7. If the director of the Division of Insurance and the secretary of the Department of Health find that the requirements of any private accrediting body meet the requirements of coverage of emergency medical services as set forth in this Act, the managed care plan may, at the discretion of the director and secretary, be deemed to have met the applicable requirements. "

j-1013a

On page 3 , line 9 of the printed bill , delete " an item or service " and insert " a covered expense " .

And that as so amended said bill do pass.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1115 and 1153 which were deferred to the 41st legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1207 and SB 70 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1189 and 1208 and SB 41 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 1183 and returns the same with the recommendation that said bill be amended as follows:

r-1183

On page 4 , delete lines 15 to 22 of the printed bill , 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 HB 1186 and returns the same with the recommendation that said bill be amended as follows:

r-1186a

On page 1 , delete lines 4 to 7 of the printed bill , inclusive .

On page 1 , line 8 , after " library " insert " or public school " .

On page 1 , line 14 , delete " restrict minors from gaining " and insert " ensure that minors do not gain " .

On page 1 , line 16 , delete " section 2 " and insert " section 1 " .

R-1186t

On page 1 , line 1 of the printed bill , delete " restrict the access of minors " and insert " ensure that minors do not gain access " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1217 and returns the same with the recommendation that said bill be amended as follows:

r-1217a

On page 1 , line 9 of the printed bill , delete " five-year " .

On page 1 , line 9 , after " period " insert " provided in this section " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1188 which was deferred to the 41st legislative day.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 43 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 1056 and returns the same with the recommendation that said bill be amended as follows:

j-1056

On page 1 , line 11 of the printed bill , delete everything after " expense. " and insert " Expenses that are not allowable include the following: " .

On page 1 , delete line 12 .

On page 2 , delete lines 20 to 25 , inclusive .

On page 3 , line 7 , delete " limits or " .

On page 3 , line 8 , delete " member " and insert " provider " .

On page 7 , line 19 , delete " preferred " and insert " panel " .

On page 8 , delete lines 1 to 7 , inclusive .

On page 8 , line 17 , delete " is or " .

On page 8 , line 18 , delete " or " .

On page 8 , between lines 18 and 19 , insert:

" (3) A person is covered under another plan, except as allowed in this Act; or "

On page 8 , line 19 , delete " (3) " and insert " (4) " .

On page 8 , between lines 20 and 21 , insert:

" Nothing in this Act prohibits a plan from coordinating as a secondary payor with Medicare to the extent allowed by federal law. "

On page 11 , line 4 , delete " and the plan of that parent has " .

On page 11 , line 5 , delete " actual knowledge of those terms " .

On page 11 , delete lines 7 to 9 , inclusive , and insert " parent's spouse does, the spouse's plan is primary; " .

On page 13 , delete lines 6 to 25 , inclusive , and insert:

" Section 32. That chapter 58-18A be amended by adding thereto a NEW SECTION to read as follows:

If a plan is secondary, it shall reduce its benefits so that the total benefits paid or provided by all plans for any claim or claims are not more than one hundred percent of total allowable expenses. In determining the amount of a claim to be paid by the secondary plan should the plan wish to coordinate benefits, the secondary plan shall calculate the benefits it would have paid in the absence of other insurance and apply that calculated amount to any allowable expense under its plan that is unpaid by the primary plan. The secondary plan may reduce its payment by any amount that, when combined with the amount paid by the primary plan, exceeds the total allowable expense for that claim. "

On page 14 , delete lines 1 to 19 , inclusive .

On page 21 , delete lines 20 to 25 , inclusive .

On page 22 , delete lines 1 to 3 , inclusive .

On page 24 , delete lines 18 to 21 , inclusive , and insert:

" Section 57. The provisions of this Act apply to group health plans that are issued or renewed on or after July 1, 2000. " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

j-1107b

On page 1 , line 12 of the printed bill , after " Dakota " insert " or " .

J-1107T

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

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1078 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 HB 1221 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1203 and returns the same with the recommendation that said bill be amended as follows:

c-1203

On page 1 , line 9 of the printed bill , after " the " insert " public " .

On page 1 , line 9 , delete " or " and insert " and " .

On page 1 , line 15 , delete the first "or" and insert " and " .

And that as so amended said bill do pass.

Respectfully submitted,
Richard "Dick" Brown, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1158 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

t-1077

On page 1 , after line 13 of the printed bill , insert:

" Section 3. That § 9-3-3 be amended to read as follows:

9-3-3. Such persons shall cause an accurate census to be taken of the landowners and the resident population of the territory included in ~~said~~ the map as of a day not more than thirty days previous to the time of presenting such application to the board of county commissioners as hereinafter provided. ~~Such~~ The census shall exhibit the name of every landowner and head of a family residing within ~~such~~ the territory on ~~such~~ that day and the number of persons belonging to every such family and shall also state the names of all persons residing within ~~such~~ the territory at ~~such~~ the time. It The census shall be verified by the affidavit of the person taking the ~~same~~ census .

Section 4. That § 9-3-5 be amended to read as follows:

9-3-5. The application for incorporation shall be by a petition subscribed and verified by the applicants and subscribed by not less than fifteen percent of the landowners and registered voters residing within ~~such~~ the territory, based upon the total number of landowners and registered voters at the last preceding general election. It shall set forth the boundaries and area thereof according to the survey and the landowner and resident population thereof according to the census taken. It shall be presented at the time indicated in the notice of ~~such~~ the application or as soon thereafter as the board of county commissioners can receive and consider the ~~same~~ application . "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

f-1096

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

" Section 1. That § 11-2-2 be amended to read as follows:

11-2-2. ~~For the purpose of promoting health, safety, morals, and the general welfare of the county, the~~ The board of county commissioners of each county in the state ~~, shall~~ may appoint a commission of five or more members ~~, the~~ to be known as the county planning commission. If a county proposes to enact or implement any purpose set forth in this chapter then the board of county commissioners shall appoint a county planning commission. The total membership of ~~which~~ the county planning commission shall always be an uneven number and at least one member of which shall be a member of the board ~~, to be known as the county planning commission. Such~~ of county commissioners. The county planning commission ~~shall also be~~ is also the county zoning commission. "

And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1024, 1060, 1062, 1063, and 1064 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 5, 10, 11, 12, 27, 81, 95, 110, 127, and 132 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Yesterday, Rep. Brooks announced his intention to reconsider the vote by which HB 1057 was lost.

     Rep. Brooks moved to reconsider the vote by which HB 1057 was lost.

     The question being on Rep. Brooks' motion to reconsider the vote by which HB 1057 was lost.

     And the roll being called:

     Yeas 40, Nays 30, Excused 0, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Haley; Jaspers; Juhnke; Klaudt; Koskan; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Peterson; Pummel; Roe; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Wilson; Windhorst; Young; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Burg; Crisp; Davis; Earley; Fischer-Clemens; Hagen; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Napoli; Patterson; Putnam; Richter; Sebert; Sutton (Daniel); Volesky; Waltman; Weber; Wudel

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1057 was up for reconsideration and final passage.

HB 1057: FOR AN ACT ENTITLED, An Act to revise certain provisions and fees regarding certain licenses issued by the Department of Agriculture and to revise certain provisions and fees regarding certain inspections.

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

    The question being "Shall HB 1057 pass as amended?"

     And the roll being called:

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

     Yeas were:
Brooks; Brown (Richard); Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Eccarius; Fitzgerald; Fryslie; Garnos; Jaspers; Juhnke; Koskan; McNenny; Michels; Monroe; Munson (Donald); Peterson; Richter; Roe; Slaughter; Smidt; Solum; Wetz; Wilson; Windhorst; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Burg; Cerny; Crisp; Davis; Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Napoli; Patterson; Pummel; Putnam; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wudel

Absent and Not Voting were:
Koetzle

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

Rep. Kooistra moved that the Committee on State Affairs be instructed to deliver HB 1132 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Cutler moved that the report of the Standing Committee on

     Judiciary on HB 1137 as found on page 276 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bills were read yesterday and today the Speaker assigned these bills to committees:

HB 1274 was referred to the Committee on State Affairs.

HB 1275 was referred to the Committee on Taxation.

HB 1276 was referred to the Committee on Judiciary.

HB 1277 was referred to the Committee on Education.

HB 1278 was referred to the Committee on Local Government.

HB 1279 was referred to the Committee on Judiciary.

HB 1280 was referred to the Committee on Health and Human Services.

HB 1281 was referred to the Committee on State Affairs.

HB 1282 was referred to the Committee on Health and Human Services.

HB 1283 was referred to the Committee on Commerce.

HB 1284 was referred to the Committee on State Affairs.

HB 1285 was referred to the Committee on Agriculture and Natural Resources.

HB 1286 was referred to the Committee on Agriculture and Natural Resources.

HB 1287 was referred to the Committee on Agriculture and Natural Resources.

HB 1288 was referred to the Committee on State Affairs.

HB 1289 was referred to the Committee on Judiciary.

HB 1290 was referred to the Committee on Judiciary.

HB 1291 was referred to the Committee on State Affairs.

HB 1292 was referred to the Committee on State Affairs.

HB 1293 was referred to the Committee on Commerce.

HB 1294 was referred to the Committee on Education.

HB 1295 was referred to the Committee on Agriculture and Natural Resources.

HB 1296 was referred to the Committee on Judiciary.

HB 1297 was referred to the Committee on State Affairs.

HB 1298 was referred to the Committee on State Affairs.

HB 1299 was referred to the Committee on State Affairs.

HB 1300 was referred to the Committee on Judiciary.

HB 1301 was referred to the Committee on Judiciary.

HB 1302 was referred to the Committee on Commerce.

HB 1303 was referred to the Committee on Local Government.

HB 1304 was referred to the Committee on Transportation.

HJR 1008 was referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the release of information about children in correctional or detention facilities.

Was read the second time.

     The question being "Shall HB 1113 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 0, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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; 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

Absent and Not Voting were:
Burg; Klaudt; Koskan

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 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to small claims proceedings.

Was read the second time.

     The question being "Shall HB 1181 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; 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; 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:
Monroe

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 1192: FOR AN ACT ENTITLED, An Act to extend the time allowed to file an affidavit of recusal of hearing examiner.

Was read the second time.

The question being "Shall HB 1192 pass?"

And the roll being called:

Yeas 69, Nays 0, 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; 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

Absent and Not Voting were:
Earley

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1101: FOR AN ACT ENTITLED, An Act to authorize professional corporations comprised of health care professionals of more than one profession.

Was read the second time.

     The question being "Shall HB 1101 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; 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; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Crisp; Cutler; Eccarius; Fiegen; Jaspers; McNenny; Michels; Nachtigal; Richter; Sebert; Wilson; Windhorst

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 1091: FOR AN ACT ENTITLED, An Act to provide that stipulations regarding the value of an estate being probated and decrees regarding the inheritance tax due be sealed.

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

j-1091

Rep. Wilson moved that HB 1091 be amended as follows:

On page 1 , line 12 of the House Judiciary committee engrossed bill , delete " minor " and insert " decedent " .

On page 1 , delete line 13 , and insert " decedent, joint tenants of the decedent, any intestate heirs of the decedent which relationship shall be " .

Which motion prevailed and HB 1091 was so amended.

t-1091

Rep. Derby moved that HB 1091 be further amended as follows:

On page 1 , line 15 of the House Judiciary committee engrossed bill , after " therefor. " insert " Nothing in this chapter prohibits the Department of Revenue from collecting and reporting information on the type of property transferred by inheritance if the information is statistical, anonymous, and reported as statewide, aggregate information.

Section 2. The Department of Revenue may collect and report information on the type of property transferred in probate. The reports shall distinguish between real property and personal property. " .

Which motion prevailed and HB 1091 was so amended.

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

And the roll being called:

Yeas 69, Nays 0, 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; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; 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

Excused were:
Michels

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

HB 1099: FOR AN ACT ENTITLED, An Act to revise the exemptions to the practice of cosmetology.

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

j-1099

Rep. Windhorst moved that HB 1099 be amended as follows:

On page 1 , line 12 of the printed bill , after " person. " insert " ~~This section does not apply to any~~ Any person practicing cosmetology shall be licensed by under this title, while practicing within the scope of ~~his~~ that person's license ~~or to any~~ . The following does not constitute the practice of cosmetology:

(1) Any person practicing permanent removal of hair by the use of a galvanic or thermalytic needle ; or " .

On page 1 , delete lines 13 to 16 , inclusive .

On page 2 , delete lines 1 and 2 .

Which motion prevailed and HB 1099 was so amended.

The question being "Shall HB 1099 pass as amended?"

And the roll being called:

Yeas 67, Nays 3, 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; 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); Waltman; Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt

Nays were:
Kazmerzak; Volesky; Wudel

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

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

     The question being "Shall HB 1146 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, 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); 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; Speaker Hunt

Excused were:
Young

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.

HB 1148: FOR AN ACT ENTITLED, An Act to revise the definition of community for purposes of motor vehicle and snowmobile franchises.

Was read the second time.

     The question being "Shall HB 1148 pass?"

     And the roll being called:

     Yeas 48, Nays 20, Excused 1, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Davis; Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; Michels; Monroe; Nachtigal; Patterson; Peterson; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Chicoine; Cutler; Derby; Diedrich (Larry); Duniphan; Eccarius; Fiegen; Hagen; Klaudt; Koehn; McCoy; McNenny; Munson (Donald); Napoli; Pummel; Putnam; Richter; Solum; Sutton (Duane)

Excused were:
Weber

Absent and Not Voting were:
Cerny

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 Hunt now presiding.

HB 1180: FOR AN ACT ENTITLED, An Act to revise the penalty for certain assaults in jails and juvenile detention facilities.

Was read the second time.

The question being "Shall HB 1180 pass?"

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; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; 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:
Haley; Koehn; Lintz; Munson (Donald); Nachtigal

Absent and Not Voting were:
Koetzle

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

Was read the second time.

Rep. Napoli moved that HB 1134 be amended as follows:

On page 1, line 7 of the printed bill, overstrike "ten" and insert "three".

Rep. Broderick moved that Rep. Napoli's motion to amend HB 1134 be laid on the table.

Which motion prevailed and Rep. Napoli's motion to amend HB 1134 was laid on the table.

f-1134a

Rep. Klaudt moved that HB 1134 be amended as follows:

On page 1 , line 7 of the printed bill , overstrike " ten " and insert " five " .

On page 1 , line 9 , overstrike " fifty " and insert " one hundred " .

On page 1 , line 12 , overstrike " A violation of this section is a Class 2 misdemeanor. " and insert " The maximum fine for a violation of this section is a fine of one hundred dollars. " .

f-1134b

Rep. Duane Sutton moved as a substitute motion that HB 1134 be amended as follows:

On page 1 , line 7 of the printed bill , overstrike " ten " and insert " five " .

On page 1 , line 9 , overstrike " fifty " and insert " one hundred " .

On page 1 , line 10 , overstrike " ten " and insert " five " .

On page 1 , line 12 , overstrike " A violation of this section is a Class 2 misdemeanor. " and insert " The maximum fine for a violation of this section is a fine of one hundred dollars. " .

Rep. Wetz requested that Joint Rule 5-17 be invoked on HB 1134.

Which request was supported and HB 1134 with Rep. Klaudt's pending motion to amend and Rep. Duane Sutton's pending substitute motion to amend were deferred until Thursday, February 4th, the 18th legislative day.

HB 1106: FOR AN ACT ENTITLED, An Act to repeal certain tax benefits available to railroads.

Was read the second time.

o-1106a

Rep. Koskan moved that HB 1106 be amended as follows:

On page 1 , delete lines 13 to 16 of the printed bill , inclusive , and insert:

"Section 2. That § 10-28-21.1 be amended to read as follows:

tax liability over a three-year period in an amount equal to thirty-three and one-third percent the first year following certification; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 3. That § 10-28-21.1 be amended to read as follows:

10-28-21.1. Any publicly operated railroad or railway corporation operating over rail lines located within this state may claim a credit against the tax levied on such rail lines for amounts which the railroad or railway corporation has certified as having been expended in the replacement and repair of such rail lines. Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant to this section. The certification required by this section shall be on forms provided by the Department of Revenue. The labor and material expenses certified pursuant to this section shall be itemized separately. Any rail line which carries five million gross ton miles per mile annually or less shall receive a credit for one-half of the expenses certified pursuant to this section. No rail line carrying ten million gross ton miles per mile or more annually may receive a credit pursuant to this section. For any rail line which carries between five million and ten million gross ton miles per mile annually, the credit available at five million gross ton miles per mile shall be reduced pro rata as the amount carried increases, until no credit is given at ten million gross tons per mile. The credit provided in this section shall be applied ~~proportionally across the railroad's entire mainline within this state~~ to the lines on which the replacement or repair took place . The credit shall be applied to the tax liability ~~over a three-year period in an amount equal to thirty-three and one-third percent the first~~ the year following certification ; thirty-three and one-third percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be given for the repair or replacement of railway line necessitated by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile annually may receive a credit pursuant to this section. Any rail line which carries between five million and ten million gross ton miles per mile annually shall receive a credit for only one-half of the expenses certified pursuant to this section. The provisions of this section do not affect credits certified prior to January 30, 1994.

Section 4. The effective date of section 3 of this Act is January 1, 2002.

On page 2 , delete lines 1 to 16 , inclusive .

A roll call vote was requested and supported.

The question being on Rep. Koskan's motion that HB 1106 be amended.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Juhnke; Kazmerzak; Koetzle; Konold; Koskan; Lockner; McIntyre; Monroe; Munson (Donald); Roe; Sebert; Smidt; Windhorst; Wudel

Nays were:
Brooks; Cerny; Cutler; Davis; Derby; Duenwald; Duniphan; Earley; Eccarius; Hagen; Hennies; Jaspers; Klaudt; Koehn; Kooistra; Lintz; Lucas; McCoy; McNenny; Michels; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

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

Rep. Jaspers moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1106 pass?"

     And the roll being called:

     Yeas 26, Nays 43, Excused 0, Absent and Not Voting 1

     Yeas were:
Brooks; Cutler; Davis; Duenwald; Earley; Eccarius; Jaspers; Klaudt; Koehn; Lintz; Lucas; McCoy; McNenny; Michels; Peterson; Pummel; Putnam; Richter; Smidt; Solum; Sutton (Duane); Waltman; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lockner; McIntyre; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Roe; Sebert; Slaughter; Sutton (Daniel); Volesky; Weber; Wilson; Windhorst

Absent and Not Voting were:
Duniphan

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

Rep. Cutler announced his intention to reconsider the vote by which HB 1106 was lost.

Speaker Pro tempore Eccarius now presiding.

HJR 1003: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to legislative term limits.

Was read the second time.

f-j1003

Rep. Lucas moved that HJR 1003 be amended as follows:

On page 1 , line 6 of the printed resolution , delete " amendment " and insert " amendments " .

On page 1 , line 7 , after " section 6 " insert " and Article IV, section 7 " .

On page 1 , line 7 , delete " section 2 " and insert " sections 2 and 3 " .

On page 2 , after line 11 of the printed resolution , insert:

" Section 3. That Article IV, section 7 of the Constitution of the State of South Dakota, be amended to read as follows:

§ 7. There shall be chosen by the qualified electors of the state at the general election of the Governor and every four years thereafter the following constitutional officers: attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, who shall severally hold their offices for a term of four years. Commencing with the 1992 general election, no person may be elected to more than ~~two~~ three consecutive terms as attorney general, secretary of state, auditor, treasurer, or commissioner of school and public lands. "

    A roll call vote was requested and suppported.

     The question being on Rep. Lucas' motion that HJR 1003 be amended.

     And the roll being called:

     Yeas 14, Nays 54, Excused 0, Absent and Not Voting 2

     Yeas were:
Cerny; Chicoine; Davis; Fischer-Clemens; Haley; Hanson; Juhnke; Kazmerzak; Koetzle; Lockner; Lucas; Nachtigal; Volesky; Waltman

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Absent and Not Voting were:
Duniphan; Hagen

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

     The question being "Shall HJR 1003 pass?"

     And the roll being called:

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

     Yeas were:
Broderick; Brooks; Brown (Richard); Burg; Chicoine; Clark; Cutler; Davis; Derby; Duenwald; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Koskan; Lucas; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Solum; Sutton (Daniel); Waltman; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Cerny; Crisp; Diedrich (Larry); Diedtrich (Elmer); Eccarius; Fryslie; Hagen; Kazmerzak; Konold; Kooistra; Lintz; Lockner; McCoy; Monroe; Napoli; Patterson; Slaughter; Sutton (Duane); Volesky; Weber; Wetz

Excused were:
Duniphan

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The following bills were read yesterday and today the Speaker assigned these bills to committees:

SB 55 was referred to the Committee on Health and Human Services.

SB 64 was referred to the Committee on Health and Human Services.

SB 111 was referred to the Committee on Taxation.

SB 126 was referred to the Committee on Judiciary.

SB 128 was referred to the Committee on Judiciary.

SB 137 was referred to the Committee on Commerce.

SB 5: FOR AN ACT ENTITLED, An Act to establish the value added agriculture subfund and provide for its funding and disbursement.

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

SB 10: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 11: FOR AN ACT ENTITLED, An Act to provide for the inclusion of certain jailers as Class B members of the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 12: FOR AN ACT ENTITLED, An Act to improve the survivor benefit for a surviving spouse of a member of the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 27: FOR AN ACT ENTITLED, An Act to require the conduct of criminal background checks for certain persons employed by the Board of Regents.

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

SB 81: FOR AN ACT ENTITLED, An Act to prohibit using a social security number for a driver's license number.

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

SB 95: FOR AN ACT ENTITLED, An Act to regulate certain livestock packer transactions.

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

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the electronic filing of tax returns and tax payments.

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

SB 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the financial arrangements school districts may have with the Health and Educational Facilities Authority.

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

SB 132: FOR AN ACT ENTITLED, An Act to increase certain inheritance tax exemptions for lineal issue.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 30: FOR AN ACT ENTITLED, An Act to extend certain rights to victims of stalking.

Was read the second time.

r-30

Rep. Cutler moved that SB 30 be amended as follows:

On page 1 , after line 10 of the printed bill , 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. "

Which motion prevailed and SB 30 was so amended.

The question being "Shall SB 30 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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

Excused were:
Apa; Duniphan

Absent and Not Voting were:
Burg

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. Cutler moved that the title to SB 30 be amended as follows:

On page 1 , line 1 of the printed bill , after " stalking " insert " and to declare an emergency " .

Which motion prevailed and the title was so amended.

Speaker Hunt now presiding.

SB 31: FOR AN ACT ENTITLED, An Act to list Flunitrazepam and Gama Hydroxy Butyrate as controlled substances and to provide penalties therefor.

Was read the second time.

     Rep. Michels moved that SB 31 be amended as follows:

    On page 2, line 5 of the House Judiciary committee engrossed bill, delete "Gama" and insert "Gamma".

     Which motion prevailed and SB 31 was so amended.

Rep. Koehn moved that SB 31 be further amended as follows:

On page 2, line 15 of the House Judiciary committee engrossed bill, overstrike "A first conviction".

On page 2, overstrike lines 16 to 18, inclusive.

On page 2, line 19, overstrike everything before "A civil".

Rep. Napoli moved that Rep. Koehn's motion to amend SB 31 be laid on the table.

Which motion prevailed and Rep. Koehn's motion to amend SB 31 was laid on the table.

     The question being "Shall SB 31 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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; Wudel; Young; Speaker Hunt

Excused were:
Duniphan; Windhorst

Absent and Not Voting were:
Burg

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

     The question being on the title.

     Rep. Michels moved that the title to SB 31 be amended as follows:

    On page 1, line 1 of the House Judiciary committee engrossed bill, delete "Gama" and insert "Gamma".

     Which motion prevailed and the title was so amended.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1024, 1060, 1062, 1063, and 1064 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1030, 1031, and 1034 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 2, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1016, 1017, 1018, 1028, 1029, 1041, 1044, 1046, 1047, 1049, 1050, and 1055 were delivered to his Excellency, the Governor, for his approval at 2:58 p.m., February 2, 1999.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the minimum wage to be paid persons under twenty years of age.

     HB 1060: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of agricultural land and to declare an emergency.

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

     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.

     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.

SB 19: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning clemency applications.

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.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1005 Introduced by: Representatives Brown (Richard), Broderick, Chicoine, Derby, Duniphan, Eccarius, Fitzgerald, Hennies, Koehn, Lintz, McCoy, Napoli, Slaughter, Sutton (Daniel), and Wilson and Senators Everist, Albers, Ham, Lange, Madden, Reedy, Shoener, Vitter, and Whiting

A LEGISLATIVE COMMEMORATION, Commending and honoring the 1997-1998 Outstanding School Administrators of South Dakota:

WHEREAS, Roger Fritz, Colman-Egan; School Superintendents Association; Barbara Littel, Edgemont, Business Officials Association; Janet Luce, Rapid City, Elementary School Principals Association; Bruce Jordan, Hill City, Secondary School Principals Association; Grace Christianson, Lennox, Supervision and Curriculum Development Association; and Judy Osburn, Rapid City, South Dakota Council of Administrators of Special Education have been selected and honored by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these six educational administrators is one hundred sixty years; and

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that Roger Fritz, Barbara Littel, Janet Luce, Bruce Jordan, Grace Christianson, and Judy Osburn are named as official representatives of the School Administrators of South Dakota and be encouraged to continue their efforts to improve the educational opportunities for the citizens of the state.

HC 1006 Introduced by: Representatives Diedrich (Larry), Brooks, Cerny, Hunt, Roe, Smidt, Solum, and Weber and Senators Halverson, Benson, Brown (Arnold), and Lawler

A LEGISLATIVE COMMEMORATION, Honoring the memory of Captain Arlo L. Olson.

WHEREAS, among the thousands of sterling young men that South Dakota proudly offered to the Allied Cause in World War II, no one distinguished himself more or served his state and nation better than Captain Arlo L. Olson of Toronto; and

WHEREAS, Captain Olson's conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty in a series of daring and daunting assaults on fascist fortifications in Italy in October, 1943, both claimed his heroic life and garnered, most deservingly, the Congressional Medal of Honor; and

WHEREAS, Captain Olson's refusal to accept medical attention for his fatal wounds until all of his men had been cared for exemplifies his noble character as a comrade and a man:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that the residents and past residents of Toronto who formerly bore the heavy loss of their fellow townsman and who are currently endeavoring to finance and erect a memorial as a fitting tribute to this outstanding son of South Dakota receive from the humble hearts of this Legislature our sincerest gratitude.

Rep. Weber moved that the House do now adjourn, which motion prevailed, and at 6:15 p.m. the House adjourned.

KAREN GERDES, Chief Clerk