Joint Journal 02/05/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 5, 1999

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Sarah Jeschke.

     Roll Call: All members present except Reps. Davis, Lockner, and McCoy who were 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 eighteenth 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 Local Government respectfully reports that it has had under consideration HB 1176 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 1144 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , overstrike " surfacing or pavement " and insert " surfaces " .

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 1172 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 10 of the printed bill , delete " for two weeks " and insert " once a week for at least two successive weeks " .

On page 1 , line 11 , delete " a publication of wide circulation in the area " and insert " the legal newspaper or newspapers of the county " .

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 1246 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , overstrike " shall " and insert " may " .

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 1141 which was tabled.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1005 and 1006 and returns the same with the recommendation that said resolutions do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 5 of the printed bill , delete " or newly " and insert " property which is already classified as owner-occupied " .

On page 2 , line 6 , delete " constructed property " .

On page 2 , delete lines 11 to 25 , inclusive .

On page 3 , delete line 1 .

And that as so amended 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 1196 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 16 of the printed bill , after " accounts " insert " , reserves, and surplus funds " .

On page 1 , line 16 , after " 1-24. " insert " These entities' investments shall be restricted as provided in § 4-5-26. " .

On page 1 , line 2 of the printed bill , after " funds " insert " and to restrict the investment of certain public funds " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1205, 1216, 1267 and 1268 which were deferred to the 41st legislative day.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1244, 1245, and 1250 which were deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1156 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1157 and 1171 which were tabled.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 97 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 1230 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the printed bill , after " case " insert " , including any combination pursuant to section 6 of this Act, " .

On page 1 , line 16 , after " interest " delete " , " and insert " and " .

On page 1 , line 16 , delete " , and reasonable attorney fees " .

On page 3 , line 16 , delete " fifty " .

On page 3 , line 17 , delete " and reasonable attorney " .

On page 3 , line 18 , delete " fees " .

On page 1 , line 9 of the printed bill , delete " five " and insert " two " .

On page 3 , line 16 , delete " five " and insert " two " .

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 1279 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill , after " Any " insert " owner or any " .

On page 3 , after line 11 , insert:

" Section 5. The effective date of this Act is July 1, 2001. "

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 1247 which was deferred to the 41st legislative day.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:

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

On page 1 , delete line 10 .

On page 1 , line 11 , delete " assembled, " .

On page 1 , delete line 16 .

On page 2 , delete lines 1 to 3 , inclusive .

And that as so amended said bill do pass.

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

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1081 and 1085 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 134, 138, 146, and 175 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

House Page Resolution 2: Introduced by: Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Bury; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas;

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

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Seventy-fourth Legislature of the State of South Dakota to Kevin Arbach, Abigail Barber, Jessica Fritzsche, Jason Holbeck, Sarah Jeschke, Paul Kazmerzak, Ryan Keller, Steven Olson, Michael Pierson, Emilee Schulte, Tyler Sharp, and Jamie Sowers.

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

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

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

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

Rep. Cutler moved that House Page Resolution 2 be adopted.

Which motion prevailed and the resolution was adopted.

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1035.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1035.

     And the roll being called:

     Yeas 60, Nays 3, Excused 6, Absent and Not Voting 1

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

Nays were:
Koskan; Monroe; Peterson

Excused were:
Clark; Davis; Diedrich (Larry); Engbrecht; Lockner; McCoy

Absent and Not Voting were:
Volesky

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

     Rep. Cutler moved that the House do concur in Senate amendments to HB 1036.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1036.

     And the roll being called:

     Yeas 60, Nays 4, Excused 5, Absent and Not Voting 1

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

Nays were:
Fiegen; Monroe; Napoli; Peterson

Excused were:
Davis; Diedrich (Larry); Engbrecht; Lockner; McCoy

Absent and Not Voting were:
Windhorst

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

HCR 1004: A CONCURRENT RESOLUTION, Urging the establishment of an annual youth pheasant hunting season.

Rep. Juhnke moved that HCR 1004 as found on page 208 of the House Journal be adopted.

     The question being on Rep. Juhnke's motion that HCR 1004 be adopted.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

Speaker Pro tempore Eccarius now presiding.

     Yesterday, Rep. Fiegen announced her intention to reconsider the vote by which HB 1189 was lost.

     Rep. Fiegen moved to reconsider the vote by which HB 1189 was lost.

     The question being on Rep. Fiegen's motion to reconsider the vote by which HB 1189 was lost.

     And the roll being called:

     Yeas 48, Nays 17, Excused 5, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Weber; Wetz; Windhorst; Young; Speaker Hunt

Nays were:
Apa; Burg; Cerny; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lucas; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Waltman; Wilson

Excused were:
Davis; Diedrich (Larry); Lockner; McCoy; Wudel

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1189 was up for reconsideration and final passage.

Rep. Fiegen moved that HB 1189 be deferred until Wednesday, February 10th, the 22nd legislative day.

Which motion prevailed and the bill was so deferred.

Speaker Hunt now presiding.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on HB 1128 as found on pages 362 and 363 of the House Journal; also

     Commerce on HB 1258 as found on page 363 of the House Journal; also

     Commerce on HB 1142 as found on page 363 of the House Journal; also

     Agriculture and Natural Resources on HB 1039 as found on pages 364 and 365 of the House Journal; also

     Education on HB 1067 as found on page 366 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall HB 1136 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

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

Nays were:
Napoli

Excused were:
Davis; Diedrich (Larry); Eccarius; Lockner; McCoy; Richter

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

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions to limit the cancellation of certain insurance policies.

Was read the second time.

     The question being "Shall HB 1256 pass?"

     And the roll being called:

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

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

Nays were:
Napoli

Excused were:
Davis; Eccarius; Lockner; McCoy; Richter

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

HB 1225: FOR AN ACT ENTITLED, An Act to exempt school districts from certain transportation requirements.

Was read the second time.

     The question being "Shall HB 1225 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

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

Excused were:
Davis; Eccarius; Lockner; McCoy; Richter

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

SB 76: FOR AN ACT ENTITLED, An Act to constitute corporate acknowledgment as prima facie evidence of authority to execute certain documents.

Was read the second time.

The question being "Shall SB 76 pass as amended?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

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

Nays were:
Koetzle

Excused were:
Cutler; Davis; Eccarius; Lockner; McCoy; Richter

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1203: 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 second time.

     Rep. Brooks moved that HB 1203 be deferred until the 41st legislative day.

     The question being on Rep. Brooks' motion that HB 1203 be deferred until the 41st legislative day.

     And the roll being called:

     Yeas 63, Nays 0, Excused 7, Absent and Not Voting 0

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

Excused were:
Cutler; Davis; Eccarius; Konold; Lockner; McCoy; Richter

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

HB 1077: FOR AN ACT ENTITLED, An Act to clarify voting eligibility and procedures for certain municipal incorporation elections.

Was read the second time.

Rep. Michels moved that HB 1077 be placed to follow HB 1255 on today's calendar.

Which motion prevailed and the bill was so placed.

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

Was read the second time.

     The question being "Shall HB 1096 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 7, Excused 7, Absent and Not Voting 0

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

Nays were:
Burg; Clark; Fiegen; Hennies; McIntyre; Nachtigal; Sutton (Daniel)

Excused were:
Cutler; Davis; Eccarius; Konold; Lockner; McCoy; Richter

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

HB 1259: FOR AN ACT ENTITLED, An Act to prohibit the keeping of a place where marijuana is used or distributed.

Was read the second time.

     The question being "Shall HB 1259 pass?"

     And the roll being called:

     Yeas 61, Nays 2, Excused 7, Absent and Not Voting 0

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

Nays were:
Koehn; Windhorst

Excused were:
Cutler; Davis; Duniphan; Eccarius; Lockner; McCoy; Richter

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

HB 1168: FOR AN ACT ENTITLED, An Act to allow counties and municipalities to regulate use, distribution, marketing, promotion, and sale of tobacco products.

Was read the second time.

Rep. Brown (Richard) moved that HB 1168 be deferred until Monday, February 8, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

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

Was read the second time.

Rep. Fiegen moved that HB 1130 be amended as follows:

On page 2 , after line 2 of the House Health and Human Services committee engrossed bill , insert:

" Section 2. That § 27A-15-31 be amended to read as follows:

27A-15-31. After examination of a petition filed pursuant to § 27A-15-30, the ~~chairman~~ chair of the county board may order the apprehension and transportation of a minor who meets the criteria in § 27A-15-30, for involuntary commitment to an appropriate regional facility other than the center. A jail ~~shall~~ may not be used for the custody of a minor. However, a juvenile detention facility may be used for pre-hearing custody if the availability of other appropriate regional facilities has been explored and exhausted. If an appropriate regional facility maintains a separate unit for minors, a minor may not be confined with adult detainees or patients. A minor may not be confined in an appropriate regional facility ~~which~~ that does not maintain a separate unit for minors until the availability of other appropriate regional facilities maintaining a separate unit for minors has been explored and exhausted. If a minor must be placed in a facility ~~which~~ that does not have a separate unit for minors, the minor shall be provided separate sleeping quarters and, to the maximum extent possible, separate day areas. Adequate supervision shall be provided. Effective January 1, 1993, appropriate regional facilities shall have a separate unit on which minors may be confined. "

Which motion prevailed and HB 1130 was so amended.

     The question being "Shall HB 1130 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 3, Excused 7, Absent and Not Voting 0

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

Nays were:
Apa; Napoli; Windhorst

Excused were:
Cutler; Davis; Duniphan; Eccarius; Lockner; McCoy; Richter

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

HB 1199: FOR AN ACT ENTITLED, An Act to restrict 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 second time.

Rep. Smidt moved that HB 1199 be placed to follow HB 1077 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1104: FOR AN ACT ENTITLED, An Act to prohibit certain persons from holding elected county office.

Was read the second time.

     The question being "Shall HB 1104 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 43, Excused 7, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Clark; Derby; Duenwald; Earley; Fiegen; Fryslie; Juhnke; Konold; Koskan; McNenny; Monroe; Napoli; Pummel; Sebert; Smidt; Solum; Wetz; Windhorst; Wudel

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Roe; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young; Speaker Hunt

Excused were:
Cutler; Davis; Duniphan; Eccarius; Lockner; McCoy; Richter

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

HB 1116: FOR AN ACT ENTITLED, An Act to establish certain civil penalties for overweight vehicle violations.

Was read the second time.

     The question being "Shall HB 1116 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 10, Excused 8, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Koskan; Lintz; McIntyre; Michels; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Fischer-Clemens; Haley; Koehn; Koetzle; Lucas; McNenny; Munson (Donald); Patterson; Waltman; Weber

Excused were:
Cutler; Davis; Duniphan; Eccarius; Lockner; McCoy; Richter; Sutton (Daniel)

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 1193: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot.

Was read the second time.

     The question being "Shall HB 1193 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 5, Excused 7, Absent and Not Voting 0

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

Nays were:
Fischer-Clemens; Jaspers; Koetzle; Putnam; Solum

HB 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions to require the offer of alcohol coverage under certain insurance policies.

Was read the second time.

     The question being "Shall HB 1255 pass?"

     And the roll being called:

     Yeas 61, Nays 1, Excused 8, Absent and Not Voting 0

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

Nays were:
Apa

Excused were:
Cutler; Davis; Duniphan; Eccarius; Engbrecht; Lockner; McCoy; Richter

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

Rep. Peterson moved that HB 1077 and 1199 be deferred until Monday, February 8th, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 134: FOR AN ACT ENTITLED, An Act to require certain health plans to cover certain dental care services.

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

SB 138: FOR AN ACT ENTITLED, An Act to provide limited liability for the use of automated external defibrillators.

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

SB 146: FOR AN ACT ENTITLED, An Act to revise the term of employment for a county highway superintendent.

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

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

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Peterson moved that SB 41, 22, 40, 94, and 25 be deferred until Monday, February 8th, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1032, 1059, and 1061 were delivered to his Excellency, the Governor, for his approval at 2:00 p.m., February 5, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1035, 1036, 1081, and 1085 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1035: FOR AN ACT ENTITLED, An Act to permit the State of South Dakota to waive performance and payment bonds for public improvements under certain circumstances.

     HB 1036: FOR AN ACT ENTITLED, An Act to permit the State of South Dakota to waive bid security on bids for public improvements under certain circumstances.

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

     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.

     And signed the same in the presence of the House.

Rep. Klaudt moved that the House do now adjourn, which motion prevailed, and at 2:29 p.m. the House adjourned.

KAREN GERDES, Chief Clerk