JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 8, 1999

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

     The prayer was offered by the Chaplain, Deacon Judy Flagstad, followed by the Pledge of Allegiance led by House page Christopher Rounds.

     Roll Call: All members present except Rep. Napoli 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 nineteenth 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.
     The oath of office was administered by Speaker Hunt to the following named pages: Matthew Cremer, Jill Ireland, Stephanie Kimball, Benjamin Nusz, Matt Oedekoven, Al Raschke, Alison Rice, Joel Rische, Christopher Rounds, Tara Scheel, Nathaniel Torberson, and Adam Werkmeister.

     Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS



Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1060, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1114 and 1276 which were 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 93 and returns the same with the recommendation that said bill be amended as follows:

t-93

     On page 1 , line 7 of the Senate engrossed bill , remove the overstrikes from " may not " .

     On page 1 , line 8 , remove the overstrikes from " exceed the speed of forty miles per hour and " .

     On page 1 , line 8 , overstrike " forty " and insert " fifty " .

     And that as so amended said bill do pass.
Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1195 and 1304 and SB 81 which were deferred to the 41st legislative day.


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

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1288 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1297 and returns the same with the recommendation that said bill be amended as follows:

o-1297a

     On page 2 , line 15 of the printed bill , overstrike " under " .

O-1297b

     On page 1 , line 14 of the printed bill , delete " that could be " and insert " and demonstrated " .

     On page 2 , line 17 , delete " that could be " and insert " and demonstrated " .

O-1297d

     On page 1 , line 13 of the printed bill , delete everything after " (4) " .

     On page 1 , delete lines 14 and 15 .

     On page 1 , line 16 , delete " (5) " .

     On page 1 , line 16 , after " abuse; " insert " or " .

     On page 1 , delete line 17 .

     On page 2 , delete lines 1 and 2 .

     On page 2 , line 3 , delete " (7) " and insert " (5) " .

     On page 2 , line 16 , delete everything after " (4) " .
     On page 2 , delete lines 17 and 18 .

     On page 2 , line 19 , delete " (5) " .

     On page 2 , line 19 , after " abuse; " insert " or " .

     On page 2 , delete lines 20 to 22 , inclusive .

     On page 2 , line 23 , delete " (7) " and insert " (5) " .

     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 HJR 1007 and returns the same with the recommendation that said resolution be amended as follows:

o-j1007

     On page 1 , line 16 of the printed resolution , delete " ten " and insert " fifteen " .

     On page 1 , line 17 , delete " an " and insert " each " .

     On page 2 , line 1 , after " proposal " insert " at the next general election " .

     And that as so amended said resolution do pass.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HCR 1007 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1269 and HJR 1008 which were deferred to the 41st legislative day.


Respectfully submitted,
Steve Cutler, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1037 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 179 and 246 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     SCR 6:   A CONCURRENT RESOLUTION,   Instructing the Board of Trustees of the South Dakota Retirement System to study the possibility of raising rates of contribution.

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

     Rep. Cutler moved that HB 1264 be referred from the Committee on Commerce to the Committee on State Affairs.

     Which motion prevailed and the bill was so referred.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 179:   FOR AN ACT ENTITLED, An Act to   clarify the notification date requirements in the nonrenewal of certain teacher contracts.

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

     SB 246:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the service of a summons.

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Local Government on HB 1144 as found on page 388 of the House Journal; also

     Local Government on HB 1172 as found on page 388 of the House Journal; also

     Local Government on HB 1246 as found on page 388 of the House Journal; also

     State Affairs on HB 1266 as found on page 389 of the House Journal; also

     State Affairs on HB 1196 as found on pages 389 and 390 of the House Journal; also

     Judiciary on HB 1230 as found on pages 390 and 391 of the House Journal; also

     Judiciary on HB 1279 as found on page 391 of the House Journal; also

     Transportation on SB 66 as found on page 392 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1142:   FOR AN ACT ENTITLED, An Act to   permit an increased proportion of a bank's stock and surplus to be invested in the value of the premises.

     Was read the second time.

     The question being "Shall HB 1142 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Koskan; McCoy; Richter

     Excused were:
Fiegen; Napoli

     Absent and Not Voting were:
Wilson

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

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

     Rep. Hennies moved that HB 1168 be deferred until the 41st legislative day.

     The question being on Rep. Hennies' motion that HB 1168 be deferred until the 41st legislative day.

          And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Burg; Cerny; Chicoine; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Garnos; Haley; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; McNenny; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Windhorst; Wudel

     Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Crisp; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Hanson; Konold; Lucas; McCoy; McIntyre; Michels; Sebert; Smidt; Wetz; Wilson; Young; Speaker Hunt

     Excused were:
Clark; Napoli

     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.

     Speaker Pro tempore Eccarius now presiding.

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

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

     The question being "Shall HB 1077 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 34, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Chicoine; Crisp; Cutler; Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Hanson; Hennies; Juhnke; Koskan; McCoy; McIntyre; McNenny; Monroe; Patterson; Peterson; Pummel; Richter; Slaughter; Smidt; Solum; Waltman; Weber; Windhorst; Speaker Hunt

     Nays were:
Brown (Richard); Cerny; Clark; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Fischer- Clemens; Fryslie; Garnos; Hagen; Haley; Jaspers; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; Michels; Munson (Donald); Nachtigal; Putnam; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson; Wudel; Young

     Excused were:
Koetzle; Napoli

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

     Rep. Hunt announced his intention to reconsider the vote by which HB 1077 was lost.

     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.

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

f-1199

     Rep. Hennies moved that HB 1199 be amended as follows:

     On page 1 , line 10 of the House Judiciary committee engrossed bill , delete " over " and insert " , who is at least " .

     On page 1 , line 11 , after " age " insert " , " .

     On page 2 , line 7 , delete " over " and insert " , who is at least " .

     On page 2 , line 8 , after " age " insert " , " .

     Which motion prevailed and HB 1199 was so amended.

     The question being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 37, Excused 2, Absent and Not Voting 2

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hennies; Klaudt; Kooistra; Koskan; Lucas; McCoy; McIntyre; Michels; Nachtigal; Patterson; Pummel; Slaughter; Sutton (Daniel); Volesky; Wetz; Wilson; Speaker Hunt

     Nays were:
Apa; Broderick; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Eccarius; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Lintz; Lockner; McNenny; Monroe; Munson (Donald); Peterson; Richter; Roe; Sebert; Solum; Sutton (Duane); Waltman; Weber; Windhorst; Wudel; Young


     Excused were:
Napoli; Smidt

     Absent and Not Voting were:
Duenwald; Putnam

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

     Rep. Hunt announced his intention to reconsider the vote by which HB 1199 was lost.

    HB 1128:   FOR AN ACT ENTITLED, An Act to   authorize the Banking Commission to establish rules regulating bank borrowings.

    Was read the second time.

     The question being "Shall HB 1128 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 1, Absent and Not Voting 2

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

     Nays were:
Cerny; Klaudt; Richter; Volesky

     Excused were:
Napoli

     Absent and Not Voting were:
Crisp; Hagen

     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 1258:   FOR AN ACT ENTITLED, An Act to   exempt motor vehicle rental companies from certain insurance regulations.

     Was read the second time.

     The question being "Shall HB 1258 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 13, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Solum; Waltman; Weber; Wilson; Windhorst; Speaker Hunt

     Nays were:
Cutler; Diedtrich (Elmer); Garnos; Hennies; Kazmerzak; Lintz; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wudel; Young

     Excused were:
Napoli

     Absent and Not Voting were:
Nachtigal

     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 1039:   FOR AN ACT ENTITLED, An Act to   repeal the licensing of resident and nonresident professional dog trainers and to restrict the training of dogs on wild game birds.

     Was read the second time.

     Rep. Roe moved that HB 1039 be deferred until Tuesday, February 9th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1067:   FOR AN ACT ENTITLED, An Act to   mandate driver's education, to increase certain fees, and to make a continuous appropriation to provide funding.

     Was read the second time.

     Rep. Richard Brown moved that HB 1067 be deferred until Tuesday, February 9th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1176:   FOR AN ACT ENTITLED, An Act to   require the secretary of revenue to establish certain fees that a county treasurer may charge for mailing licence plates and stickers.

     Was read the second time.

     Rep. Apa moved that HB 1176 be deferred until Wednesday, February 10th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HJR 1005:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota, relating to the classification of property for purposes of taxation.

     Was read the second time.

     The question being "Shall HJR 1005 pass?"

     And the roll being called:

     Yeas 60, Nays 7, Excused 2, Absent and Not Voting 1

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

     Nays were:
Hennies; Koetzle; Kooistra; Patterson; Roe; Slaughter; Waltman

     Excused were:
Diedrich (Larry); Napoli

     Absent and Not Voting were:
Munson (Donald)

     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.

    HJR 1006:   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 the length of a regular session and to the travel expenses of the Legislature.

     Was read the second time.

     The question being "Shall HJR 1006 pass?"

     And the roll being called:

     Yeas 13, Nays 52, Excused 4, Absent and Not Voting 1

     Yeas were:
Clark; Cutler; Derby; Duniphan; Fitzgerald; Hennies; Jaspers; Lucas; McCoy; McIntyre; Peterson; Pummel; Smidt

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Diedrich (Larry); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Diedtrich (Elmer); McNenny; Napoli; Putnam

     Absent and Not Voting were:
Koetzle

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

     HB 1156:   FOR AN ACT ENTITLED, An Act to   require certain insurance policies to reimburse the services of licensed professional counselors -- mental health and marriage and family therapists.

     Was read the second time.

     Rep. Cutler moved that HB 1156 be deferred until Thursday, February 11th, the 23rd legislative day.

     Which motion prevailed and the bill was so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 41:   FOR AN ACT ENTITLED, An Act to   revise and repeal certain provisions requiring court appearances for violations of game, fish and parks statutes.

     Was read the second time.

     The question being "Shall SB 41 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); 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; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Monroe; Wetz

     Excused were:
Clark; Diedtrich (Elmer); McNenny; Napoli; Putnam

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

     Was read the second time.

     The question being "Shall SB 22 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Wetz

     Excused were:
Napoli; Putnam

     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 40:   FOR AN ACT ENTITLED, An Act to   establish certain prohibitions on use of temporary thirty-day snowmobile and boat license permits and to provide for a penalty thereof.

     Was read the second time.

     The question being "Shall SB 40 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; 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:
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.

     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 second time.

     The question being "Shall SB 94 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Apa; Koskan; Monroe

     Excused were:
Napoli

     Absent and Not Voting were:
Cutler; 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.

     SB 25:   FOR AN ACT ENTITLED, An Act to   authorize the sale, exchange, or demolition of a farmhouse, garage, and corncrib/granary located on the Southeast Agricultural Experiment Station, to replace the dwelling, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 25 pass as amended?"

     And the roll being called:

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

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

     Excused were:
Cutler; Napoli

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

     SB 97:   FOR AN ACT ENTITLED, An Act to   extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

     Was read the second time.

     Rep. Hennies moved that SB 97 be deferred until Wednesday, February 10th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that HB 1035, 1036, 1081, and 1085 were delivered to his Excellency, the Governor, for his approval at 2:27 p.m., February 8, 1999.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1037 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1008   Introduced by:  Representatives Pummel, Apa, McNenny, and Wetz and Senators Kleven and Bogue

A LEGISLATIVE COMMEMORATION,  Honoring the memory of Butte County Commission     Chairman Kenny Wood and his son Kris.

     WHEREAS,  a tragic plane crash has taken the life of a great leader, Butte County Commission Chairman, Kenny Wood and his son Kris on Saturday, February 6, 1999; and

     WHEREAS,  Kenny Wood has given unselfishly of his time and talents as a volunteer in the United States Peace Corps in South America, served as a public servant for six years on the Belle Fourche School Board, and faithfully served as an elected official on the Butte County Board of County Commissioners for four years; and

     WHEREAS,  Kenny Wood has always promoted the best interests of his community, his state, and especially the agricultural industry of South Dakota, was a loving father, educating his own children to the highest level possible, and was very active in 4-H activities; and

     WHEREAS,  Kenny Wood's son, Kris, who was an airplane mechanic, will be greatly missed:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fourth Legislature of the State of South Dakota, that Kenny Wood be remembered for his unselfish, unprecedented contributions not only to the State of South Dakota, but to the well-being of the world as a whole.

     Rep. Konold moved that the House do now adjourn, which motion prevailed, and at 4:30 p.m. the House adjourned.

KAREN GERDES, Chief Clerk