Joint Journal 02/23/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 23, 1999

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

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by House page Amy Wolforth.

     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 twenty-ninth 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 Commerce respectfully reports that it has had under consideration HCR 1010 and returns the same with the recommendation that said resolution be amended as follows:

On page 544 , line 1 of the House Journal , delete " Medicare was designed as a program for the poor, but in " and insert " In " .

On page 544 , line 35 of the House Journal , delete " employees " and insert " employers " .

And that as so amended said resolution be adopted.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 198 which was deferred to the 41st legislative day.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 1, 110, and 111 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 115, 14, and 87 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 Taxation respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the printed bill , after the first " ~~his~~ " insert " the sheriff's " .

On page 1 , line 8 of the printed bill , delete " If " .

On page 1 , line 8 , overstrike " actual " .

On page 1, line 9, overstrike "travel is made in collecting taxes, the" and insert " The ".

On page 1 , line 10 , overstrike " an additional penalty, in lieu of mileage, " and insert " a penalty " .

On page 1 , line 11 , overstrike " and interest due, which, with all fees and costs collected, " and insert " due, which " .

And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 216, 26, and 38 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 13 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 204, 39, and 91 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1011 and returns the same with the recommendation that said resolution be adopted and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SCR 7 and returns the same with the recommendation that said resolution be concurred in and placed on the Consent Calendar.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 127 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 SB 179 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 12 of the printed bill , overstrike " a nine month regular term " and insert " nine hundred sixty-two and one-half hours, exclusive of intermissions, " .

On page 1 , line 13 , overstrike everything after " basis, " .

On page 1 , line 14 , overstrike everything before " and " .

On page 1 , line 16 , overstrike " The rules may " .

On page 2 , line 1 , overstrike everything before " ~~and~~ " .

On page 2 , line 2 , overstrike " if the total school term hours " .

On page 2 , line 3 , overstrike everything before " The " .

On page 2 , line 13 , overstrike " one hundred seventy-five days " and insert " nine hundred sixty-two and one-half hours " .

And that as so amended said bill do pass.

Respectfully submitted,
Richard "Dick" Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1033, 1095, 1098, 1102, 1144, 1208, 1266, 1279, HJR 1005, and HJR 1007 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1076, 1116, 1176, 1177, 1186, 1258, 1271, and 1297 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1009: A CONCURRENT RESOLUTION, Declaring June 1999 as Obesity Awareness Month.

     Rep. Fischer-Clemens moved that HCR 1009 as found on pages 542 and 543 of the House Journal be adopted.

     The question being on Rep. Fischer-Clemens' motion that HCR 1009 be adopted.

     And the roll being called:

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

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

Nays were:
Apa; Broderick; Earley; Fiegen; Jaspers; Klaudt; Koskan; McCoy; Monroe; Munson (Donald); Napoli; Wetz; Young

Excused were:
Volesky

Absent and Not Voting were:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.

     HCR 1008: A CONCURRENT RESOLUTION, Urging the United States Congress to establish an equitable policy related to the tax deductibility of health insurance premiums.

     Rep. Windhorst moved that HCR 1008 as found on pages 508 and 509 of the House Journal be adopted.

     The question being on Rep. Windhorst's motion that HCR 1008 be adopted.

     And the roll being called:

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

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

Excused were:
Volesky

Absent and Not Voting were:
Chicoine; Napoli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1008 was adopted.

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

     Rep. Richter moved that SCR 3 as found on page 128 and amended on page 154 of the Senate Journal be concurred in.

     The question being on Rep. Richter's motion that SCR 3 as amended be concurred in.

     And the roll being called:

     Yeas 65, Nays 0, Excused 2, Absent and Not Voting 3

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

Excused were:
Derby; Volesky

Absent and Not Voting were:
Chicoine; McNenny; Napoli

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

     Rep. Brooks moved that the House do concur in Senate amendments to HB 1039.

     The question being on Rep. Brooks' motion that the House do concur in Senate amendments to HB 1039.

     And the roll being called:

Yeas 60, Nays 5, Excused 3, Absent and Not Voting 2

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

Nays were:
Fiegen; Koetzle; Richter; Weber; Windhorst

Excused were:
Derby; Volesky; Young

Absent and Not Voting were:
Chicoine; Roe

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. Broderick moved that the House do not concur in Senate amendments to HB 1053 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Broderick, Duenwald, and Wilson.

     Rep. Brooks moved that the House do concur in Senate amendments to HB 1070.

     The question being on Rep. Brooks' motion that the House do concur in Senate amendments to HB 1070.

     And the roll being called:

Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; 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; Wudel; Speaker Hunt

Nays were:
Fiegen; Koskan; Napoli; Windhorst

Excused were:
Derby; Richter; Volesky; Young

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 1107.

     The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1107.

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Windhorst

Excused were:
Brown (Richard); Derby; Richter

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. Monroe moved that the House do concur in Senate amendments to HB 1193.

     The question being on Rep. Monroe's motion that the House do concur in Senate amendments to HB 1193.

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

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

Excused were:
Brown (Richard); Derby; Eccarius; Richter

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. Michels moved that the House do not concur in Senate amendments to HB 1207 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Rep. Haley moved as a substitute motion that the House do concur in Senate amendments to HB 1207.

     The question being on Rep. Haley's substitute motion that the House do concur in Senate amendments to HB 1207.

     And the roll being called:

     Yeas 21, Nays 46, Excused 2, Absent and Not Voting 1

     Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson

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

Excused were:
Brown (Richard); Clark

Absent and Not Voting were:
Klaudt

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

The question now being on Rep. Michels' motion to not concur in Senate amendments and appoint a committee.

Which motion prevailed and the Speaker appointed as such committee Reps. Michels, Duniphan, and Cerny.

Speaker Pro tempore Eccarius now presiding.

     Rep. Apa moved that the House do concur in Senate amendments to HB 1262.

     The question being on Rep. Apa's motion that the House do concur in Senate amendments to HB 1262.

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, Absent and Not Voting 1

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

Nays were:
McNenny; Wetz; Young

Excused were:
Clark

Absent and Not Voting were:
Napoli

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. Hunt moved that the House do concur in Senate amendments to HCR 1002 as found on page 550 of the Senate Journal.

     The question being on Rep. Hunt's motion that the House do concur in Senate amendments to HCR 1002.

     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; 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

     Excused were:
Clark

     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 1014 Introduced by: Representatives Fiegen, Broderick, Michels, Peterson, Richter, and Solum and Senators Everist, Lawler, Munson (David), and Rounds

A CONCURRENT RESOLUTION, Requesting the United States Congress to enact legislation prohibiting the United States Postal Service from selling nonmonopoly goods and services.

WHEREAS, the United States Postal Service has recently embarked on a number of programs pursuant to which the postal service engages in nonpostal businesses and sells many

nonpostal goods and services at post offices, including clothing, mugs, novelty items, photocopying services, packaging materials, and other nonpostal goods and services; and

WHEREAS, various state and local governments have enacted sales and use taxes on the sale or consumption of goods or services within the state or their various political subdivisions; and

WHEREAS, the postal service does not collect and remit state or local sales and use taxes on its sale of nonpostal goods or services; and

WHEREAS, the postal service bases its noncollection of sales and use taxes on the Supremacy Clause of the United States and the doctrine of intergovernmental tax immunity; and

WHEREAS, the sale of nonpostal goods or services by the postal service is not in accordance with the performance of a governmental function but rather is the type of activity engaged in by private enterprises that are subject to state and local sales and use taxes; and

WHEREAS, the postal service's practice of selling nonpostal goods and services while at the same time not collecting and remitting sales and use taxes on the sale of such nonpostal goods and services puts local tax-paying retailers selling similar items at an economic disadvantage and also has a negative impact on state and local treasuries as a result of the loss of tax revenues that would otherwise be received:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature hereby requests the United States Congress to enact legislation to prohibit the sale by the postal service of such nonmonopoly related goods and services and prohibit further service offerings and advertisements by the postal service in areas where the general public is presently served by private industry.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 162 as found on page 659 of the House Journal; also

     Judiciary on SB 228 as found on page 659 of the House Journal; also

     State Affairs on SCR 8 as found on 660 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the costs of care and treatment and calculation thereof for persons receiving treatment from the Human Services Center.

Was read the second time.

     The question being "Shall SB 55 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 2, Absent and Not Voting 4

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

Excused were:
Clark; Hagen

Absent and Not Voting were:
Garnos; Klaudt; Smidt; Young

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 57: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the definition of an accredited prevention or treatment facility for alcohol and drug abuse.

Was read the second time.

The question being "Shall SB 57 pass?"

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); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Clark; Hagen

Absent and Not Voting were:
Smidt

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 58: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding holiday compensation and vacation and sick leave of sheltered workshop employees of the Division of Service to the Blind and Visually Impaired.

Was read the second time.

     The question being "Shall SB 58 pass?"

     And the roll being called:

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

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

Nays were:
Koetzle

Excused were:
Clark; Hagen; Putnam

Absent and Not Voting were:
Lintz; Smidt

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

Rep. Koskan requested that SB 190 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Koskan requested that SB 60 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 202: FOR AN ACT ENTITLED, An Act to revise the venue provisions relating to administrative appeals.

Was read the second time.

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; 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; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young

Excused were:
Clark; Hagen; Putnam; Speaker Hunt

Absent and Not Voting were:
Smidt

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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.

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

Rep. Hennies moved that SB 97 be deferred until Wednesday, February 24th, the 31st legislative day.

Which motion prevailed and the bill was so deferred.

SB 6: FOR AN ACT ENTITLED, An Act to revise the authority of the Board of Economic Development.

Was read the second time.

     The question being "Shall SB 6 pass?"

     And the roll being called:

     Yeas 57, Nays 9, Excused 2, Absent and Not Voting 2

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

Nays were:
Koehn; Koetzle; Koskan; Monroe; Napoli; Slaughter; Waltman; Windhorst; Wudel

Excused were:
Eccarius; Putnam

Absent and Not Voting were:
Hanson; Smidt

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 106: FOR AN ACT ENTITLED, An Act to increase the penalty for failure to stop for an emergency vehicle.

Was read the second time.

     The question being "Shall SB 106 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 41, Excused 3, Absent and Not Voting 3

     Yeas were:
Broderick; Brooks; Brown (Richard); Crisp; Cutler; Derby; Diedrich (Larry); Duniphan; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Koetzle; Konold; McNenny; Michels; Peterson; Richter; Roe; Sebert; Windhorst; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Davis; Diedtrich (Elmer); Duenwald; Earley; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young

Excused were:
Hennies; Putnam; Wudel

Absent and Not Voting were:
Jaspers; Koehn; Smidt

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

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

Was read the second time.

The question being "Shall SB 10 pass?"

And the roll being called:

Yeas 68, Nays 1, 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; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Slaughter

Absent and Not Voting were:
Smidt

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 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 second time.

     The question being "Shall SB 11 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 0, Absent and Not Voting 3

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

Nays were:
Fiegen; Monroe; Slaughter

Absent and Not Voting were:
Koskan; Lockner; Smidt

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 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 second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 1, Absent and Not Voting 2

     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; 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; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Fiegen

Excused were:
Wetz

Absent and Not Voting were:
Koskan; Lintz

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.

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

Was read the second time.

The question being "Shall SB 132 pass?"

     And the roll being called:

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

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

Nays were:
Apa; Klaudt; Konold; 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 47: FOR AN ACT ENTITLED, An Act to revise the renewal fees for physicians, physician assistants, physical therapists, physical therapist assistants, medical corporations, and physician assistant corporations.

Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

     Yeas 54, Nays 15, Excused 0, Absent and Not Voting 1

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

Nays were:
Duenwald; Fiegen; Jaspers; Klaudt; McCoy; McNenny; Monroe; Napoli; Putnam; Richter; Slaughter; Weber; Windhorst; Wudel; Speaker Hunt

Absent and Not Voting were:
Davis

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 15: FOR AN ACT ENTITLED, An Act to exempt inmate matters from certain contested case, rule making, and declaratory ruling processes.

Was read the second time.

     The question being "Shall SB 15 pass?"

     And the roll being called:

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

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

Nays were:
Davis; Koehn; Lockner; Patterson; Waltman

Excused were:
Clark

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 79: FOR AN ACT ENTITLED, An Act to revise the liability for misdemeanor violations of certain provisions concerning the illegal sale or distribution of tobacco products.

Was read the second time.

The question being "Shall SB 79 pass as amended?"

And the roll being called:

Yeas 57, Nays 11, Excused 1, Absent and Not Voting 1

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

Nays were:
Clark; Cutler; Fiegen; Jaspers; Koehn; Konold; Kooistra; Lintz; Sebert; Wilson; Wudel

Excused were:
Koetzle

Absent and Not Voting were:
Young

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 80: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the disposition of certain controlled weapons or firearms.

Was read the second time.

     The question being "Shall SB 80 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 1, Absent and Not Voting 2

     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; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Cutler; Klaudt; Monroe; Napoli; Windhorst

Excused were:
Koetzle

Absent and Not Voting were:
Haley; Young

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 126: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain ambulance patient information.

Was read the second time.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

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

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

Nays were:
Munson (Donald); Slaughter

Excused were:
Koetzle

Absent and Not Voting were:
Haley; McIntyre; Young

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

Was read the second time.

     The question being "Shall SB 134 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 20, Excused 1, Absent and Not Voting 5

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Duenwald; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Patterson; Pummel; Putnam; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Speaker Hunt

Nays were:
Apa; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Fiegen; Fitzgerald; Jaspers; Klaudt; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Richter; Sebert; Sutton (Duane); Wetz; Windhorst; Wudel

Excused were:
Michels

Absent and Not Voting were:
Duniphan; Haley; Koskan; Wilson; Young

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 103: FOR AN ACT ENTITLED, An Act to revise the election procedure for forming a municipality.

Was read the second time.

Rep. Konold moved that SB 103 be amended as follows:

On page 2 , line 17 of the Senate engrossed bill , overstrike " notice for a meeting " .

On page 2 , line 19 , delete everything after " ~~municipality~~ " and insert " date for an election to be conducted pursuant to Title 12 " .

On page 2 , line 20 , delete everything before " . " .

Which motion prevailed and SB 103 was so amended.

The question being "Shall SB 103 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 1, Absent and Not Voting 2

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

Nays were:
Davis; Diedtrich (Elmer); Duenwald; Fiegen; Jaspers; Kazmerzak; Lockner; Peterson; Weber

Excused were:
Michels

Absent and Not Voting were:
Koskan; Young

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.

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

Was read the second time.

     The question being "Shall SB 146 pass?"

     And the roll being called:

     Yeas 20, Nays 49, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Burg; Crisp; Davis; Fryslie; Garnos; Haley; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Roe; Volesky; Waltman

Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Hagen; Hanson; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Absent and Not Voting were:
Young

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

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

Was read the second time.

     The question being "Shall SB 34 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 1, 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; 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Burg; Weber

Excused were:
Solum

Absent and Not Voting were:
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 71: FOR AN ACT ENTITLED, An Act to require notice to landowners before entry on private lands for certain planning commission functions.

Was read the second time.

Rep. Pummel moved that SB 71 be amended as follows:

On page 1 of the printed bill , after line 11 , insert:

" Section 2. That chapter 11-2 be amended by adding thereto a NEW SECTION to read as follows:

All public officials shall, upon request, furnish to the county planning commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its functions, may, after thirty days written notice by certified mail to the landowner, enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission has all such powers necessary to enable it to fulfill and perform its functions, promote county planning and zoning, or carry out all the purposes of this chapter. "

Which motion prevailed and SB 71 was so amended.

     The question being "Shall SB 71 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 19, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fitzgerald; Fryslie; Garnos; Hagen; Hennies; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wetz; Windhorst; Wudel; Young

Nays were:
Burg; Cerny; Clark; Eccarius; Fiegen; Fischer-Clemens; Haley; Hanson; Jaspers; Kazmerzak; Koetzle; Lockner; Lucas; Patterson; Sutton (Daniel); Waltman; Weber; Wilson; Speaker Hunt

Absent and Not Voting were:
Koehn

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

SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the costs and expenses incurred in the apprehension, transportation, evaluation, and commitment of out- of-state residents alleged to be mentally ill and in need of emergency intervention.

Was read the second time.

     The question being "Shall SB 52 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; 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; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt

Nays were:
Cerny; Fiegen; Richter; Sutton (Duane); Wudel

Absent and Not Voting were:
Koehn

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

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

Was read the second time.

Rep. Cutler moved that SB 95 be deferred until Thursday, February 25th, the 32nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 176: FOR AN ACT ENTITLED, An Act to restrict the possession of firearms on certain off-road vehicles.

Was read the second time.

Rep. McNenny moved that SB 176 be amended as follows:

On page 1 , line 6 of the Senate Judiciary committee engrossed bill , delete " which is not located within a " .

On page 1 , line 7 , delete " firearms big game hunting unit during an open season " .

Which motion prevailed and SB 176 was so amended.

     The question being "Shall SB 176 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 13, Excused 0, Absent and Not Voting 0

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

Nays were:
Apa; Burg; Eccarius; Fiegen; Kazmerzak; Koetzle; Konold; Kooistra; Roe; Smidt; Weber; Windhorst; 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.

SB 130: FOR AN ACT ENTITLED, An Act to revise and expand certain provisions relating to third offense assault.

Was read the second time.

Rep. Windhorst moved that SB 130 be amended as follows:

On page 2 , line 3 of the House Judiciary committee engrossed bill , delete "for any third or subsequent offense".

Which motion prevailed and SB 130 was so amended.

     The question being "Shall SB 130 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, 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; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Davis; Klaudt; Koehn; Koetzle; Lockner; Lucas; Munson (Donald); Patterson; Waltman

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 172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of damage on motor vehicles.

Was read the second time.

Rep. Wetz moved that SB 172 be deferred until Thursday, February 25th, the 32nd legislative day.

Which motion prevailed and the bill was so deferred.

Rep. Cutler moved that SB 27, 235, 236, 54, 5, 243, 109, 246, 75, 239, 65, 49, 128, 171, and 200 be deferred until Wednesday, February 24th, the 31st legislative day.

Which motion prevailed and the bills were so deferred.

There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 53.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1015 Introduced by: Representatives McIntyre, Cerny, Fischer-Clemens, Hagen, Lockner, and Patterson and Senators Lange, Dunn (Rebecca), Kloucek, Symens, and Valandra

A CONCURRENT RESOLUTION, Requesting the Congress of the United States to pass legislation to write off the debt of impoverished countries by the end of the year 2000 and for the President to promote such a policy.

WHEREAS, the less developed countries in Latin America, Asia, and Africa owe some $2.3 trillion to other governments and international financial institutions funded by them and acting on their behalf; and

WHEREAS, the forty most heavily indebted poor countries of the world, as identified by the World Bank and the International Monetary Fund owe less than one-tenth of the total--about $220 billion to foreign countries; and

WHEREAS, it is estimated that these heavily indebted poor countries only owe the United States government approximately $2.9 billion directly in bilateral debt; and

WHEREAS, the pressure on the poorest countries to continue paying the accumulated debt of decades is requiring a level of human sacrifice that is morally unacceptable and economically unjust and damaging to the environment because countries are required to shift resources from the safety, health, education, and welfare and development programs of their citizens under this pressure to meet debt payments to wealthier nations; and

WHEREAS, policy initiatives by the United States government and others can ease the burden of debt and make an immediate and positive impact on vulnerable humans and their well-being in the most impoverished indebted countries; and

WHEREAS, the reality is that a significant amount of the debt of the poorest countries will not and cannot ever be paid and their debt loads are unsustainable and this indebtedness creates a cycle of even more debt because new loans are extended to these poor countries for debt service to cover payments on interest without making any progress on repaying original loans; and

WHEREAS, it would benefit the United States government and its taxpayers to relieve debt with policies that increasingly seek a more global economy based on open markets and free trade which also protects the incomes, education, and health of American citizens; and

WHEREAS, there is a growing movement in congregations, schools, communities, and neighborhoods across the United States to circulate a worldwide petition to obtain twenty-one million signatures urging the cancellation of debt for the world's poorest countries; and

WHEREAS, more than forty United States religious and secular groups and denominations have joined together thus far in this movement known as Jubilee 2000/USA as a building force for change and belief that the state of the new millennium should be a time to give effective help to people living in poverty; and

WHEREAS, there are themes specifically calling for debt relief that are drawn from Jewish, Christian, Muslim, and other faith traditions; and

WHEREAS, the purpose of debt relief is not to make life easier with debt relief for governments, but to make life better for people who are suffering:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Congress of the United States pass legislation directing the United States government to write off the debt of approximately $2.9 billion in bilateral debt owed directly to the United States government by the poorest countries; and

BE IT FURTHER RESOLVED, that the Legislature of the State of South Dakota encourages the President of the United States and his administration to call on other creditors and governments to adopt a similar policy for debt reduction and also calls on the President and his administration to use its weight and influence in the International Monetary Fund, the World Bank, and other international institutions to reduce dramatically the multilateral debt of the poorest countries with relief spread over a few years to be barely noticeable, particularly in this time of budget surpluses; and

BE IT FURTHER RESOLVED, that the Legislature of the State of South Dakota further encourages both the Congress and the President of the United States to require that four conditions be met from countries scheduled for debt relief: democratization, respect for human rights, military reduction, and a commitment to use the money from debt relief for the needs of ordinary people.

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

HCR 1016 Introduced by: Representatives Brown (Richard), Apa, Broderick, Brooks, Brown (Jarvis), Burg, Chicoine, Clark, Crisp, Davis, Derby, Eccarius, Garnos, Haley, Hennies, Juhnke, Koetzle, Konold, Kooistra, Lucas, McCoy, Michels, Patterson, Peterson, Roe, Smidt, Solum, Sutton (Daniel), Sutton (Duane), Volesky, Waltman, Wilson, and Young and Senators Reedy, Albers, Brown (Arnold), Dennert, Dunn (Rebecca), Duxbury, Flowers, Hainje, Kloucek, Lange, Lawler, Moore, Munson (David), Paisley, Shoener, Valandra, and Vitter

A CONCURRENT RESOLUTION, Encouraging the Board of Regents to fix a special tuition rate for nonresident students of exceptional talent and ability whose parents were graduated by state universities.

WHEREAS, students of exceptional talent and ability contribute substantially to enriching the formal and informal education that takes place among students in the university setting; and

WHEREAS, students benefit from exposure to and contact with persons whose experiences, values, and expectations come from environments that differ from South Dakota's; and

WHEREAS, the alumni of the several state-supported universities contribute substantially to the scholarship and other privately-funded programs that expand the opportunities for and enrich the university resources available to all South Dakotans; and

WHEREAS, the marginal costs of adding limited numbers of additional students where institutional space is available can be met through reduced tuition:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Board of Regents be encouraged to establish a select and limited program sustainable through marginal tuition revenue that offers a special tuition rate that is set between the state subsidized rate and the standard nonresident rate for nonresident students of exceptional talent and ability who had at least one parent who was graduated by a state university.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1143, 1196, and 1288 were delivered to his Excellency, the Governor, for his approval at 3:27 p.m., February 23, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1033, 1039, 1070, 1095, 1098, 1102, 1107, 1144, 1193, 1208, 1262, 1266, 1279, HJR 1005, and HJR 1007 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

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

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

     HB 1070: FOR AN ACT ENTITLED, An Act to authorize county road districts to establish certain vehicle speed and weight restrictions and to revise certain county road district formation requirements.

     HB 1095: FOR AN ACT ENTITLED, An Act to revise certain administrative rules relating to telecommunications services.

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

     HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclaimer of a property interest a person is entitled to by will or intestate succession.

     HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mutually binding agreements between beer wholesalers and brewers, to revise a term relative to beer industry relationships, and to make provisions for malt beverage brand extensions.

     HB 1144: FOR AN ACT ENTITLED, An Act to increase the annual front footage assessment for certain township road maintenance and repairs.

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

     HB 1208: FOR AN ACT ENTITLED, An Act to provide for the termination of a spousal joint tenancy by an interested person.

     HB 1262: FOR AN ACT ENTITLED, An Act to provide a procedure to form a road district if there is three or less landowners and to prohibit the transfer of the jurisdiction of certain public highways to a road district.

     HB 1266: FOR AN ACT ENTITLED, An Act to revise the requirements for certifying eligibility for owner-occupied classification.

     HB 1279: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding mechanics' liens.

     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.

     HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article IX of the Constitution of the State of South Dakota, authorizing local initiatives to provide for the cooperation and organization of local government.

     And signed the same in the presence of the House.

Rep. Duniphan moved that the House do now adjourn, which motion prevailed, and at 5:07 p.m. the House adjourned.

KAREN GERDES, Chief Clerk