JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 18, 2000

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

     The prayer was offered by the Chaplain, Vicar Cory Rajek, followed by the Pledge of Allegiance led by House page Wyatt Ammon.

     Roll Call: All members present except Rep. Solum 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 fifth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Roger W. Hunt, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Rep. Putnam   introduced Miss Amie Manas, Tabor Czech Days Queen. She was accompanied by Czech Days Prince Mark Povondra and Princess Cindy Syrovatka.

     Rep. Jaspers   introduced Clarice Thyen of Waverly, the 1999-2000 Outstanding School Board Member.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1030 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1019, 1020, and 1033 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 Commerce respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill be amended as follows:

1035ja

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

"      Section  1.  That § 58-17-2.1 be amended to read as follows:

     58-17-2.1.   Health insurance on a franchise plan is hereby declared to be that form of health insurance issued to:

             (1)      Five Three or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency , or department thereof; or

             (2)      Ten or more members of any trade, occupational , or professional association, or of a labor union, or of any other association having had an active existence for at least two years where such association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance;

     where such persons, with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by such persons, under an arrangement whereby the premiums on such policies may be paid to the insurer periodically by the employer, with or without payroll deductions, or by the association for its members, or by some designated person acting on behalf of such employer or association or by the insured directly to the insurer, if permitted by the insurer. The term , " employees " , as used herein in this section may be deemed to include the officers, managers , and employees and retired employees of the employer and the individual proprietor or partnership.

     Section  2.  That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:
    
    Health insurance may be marketed on a franchise basis to members or employees of an employer, labor union, or association. Except as provided for by § 58-18B-2, health insurance marketed on a franchise basis may have the individual's premiums paid by the employer, labor union, or association. Marketing a policy on a franchise basis does not exempt any policy from any applicable requirement under this title except as provided in section 3 of this Act.

     Section  3.  That § 58-33-13 be amended to read as follows:

     58-33-13.   No person shall may make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever. Violation of this section is a Class 2 misdemeanor. Nothing in this section prohibits different rates charged, or benefits payable, or different underwriting procedures used for individuals insured under a franchise plan or provided discounts based upon administrative savings or incentives for additional family members to purchase insurance. "


1035jta

     On page 1 , line 1 of the printed bill , after " to " delete " repeal " and insert " revise " .

     On page 1 , line 2 , after " plan " insert " and to allow for discounts " .

     And that as so amended said bill do pass.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1013 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 HB 1031 and returns the same with the recommendation that said bill be amended as follows:

1031ca

     On page 1 , line 10 of the printed bill , overstrike " class " and insert " course " .

     On page 1 , line 12 , after " determined " insert " the said course " .

     And that as so amended said bill do pass.
Respectfully submitted,
Richard “Dick” E. Brown, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1037 and 1048 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 HB 1004 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
John Koskan, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 1, 9, 11, 22, 32, and SJR 1 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging legislative days for members, officers, and employees of the House and the Senate.

Respectfully,
Patricia Adam, Secretary
MOTIONS AND RESOLUTIONS


     HCR 1002   Introduced by:  Representatives Patterson, Engbrecht, Hanson, McIntyre, and Nachtigal and Senators Olson, Hutmacher, Kloucek, and Valandra

A CONCURRENT RESOLUTION,  Endorsing and supporting the equal pay for equal work     law.

    
     WHEREAS,  discriminatory practices by employers are prohibited under current South Dakota law; and
    
     WHEREAS,  §  60-12-15 of the South Dakota Codified Laws prohibits an employer from discriminating between employees on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which the employer pays any employee of the opposite sex for comparable work:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges all employers to abide by the equal pay for equal work law.

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

     HCR 1003   Introduced by:  Representatives Cerny, Brooks, Hunt, Patterson, Putnam, and Waltman and Senators Benson, Drake, Flowers, Hutmacher, Moore, and Rounds

A CONCURRENT RESOLUTION,  Supporting the designation of State Highway 34 as the     Veterans of Foreign Wars Memorial Highway.

     WHEREAS,  the Veterans of Foreign Wars celebrated their centennial year in 1999, and are now commencing their second century of service to the community, state, and nation; and

     WHEREAS,  the designation of roadways to honor groups and individuals has become a traditional practice and would in this instance be a fitting tribute to all South Dakota veterans who served overseas during time of war; and

     WHEREAS,  the designation of State Highway 34 in South Dakota, with proper markers installed and maintained, would remind the traveling public of the sacrifices made by these veterans:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports the designation of State Highway 34 in South Dakota from the Minnesota border to the Wyoming border as the Veterans of Foreign Wars Memorial Highway and requests the Transportation Commission to make such a designation and to provide for the proper posting of the highway as a fitting means of honoring South Dakota's war-time veterans.
     Was read the first time and referred to the Committee on State Affairs.

CONSIDERATION OF REPORTS OF COMMITTEES



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

     State Affairs on HB 1021 as found on pages 50 and 51 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1102   Introduced by:  Representatives Brown (Jarvis) and Diedtrich (Elmer) and Senators Paisley, Lange, and Staggers

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to insurance arbitration.

     Was read the first time.

     HB 1003   Introduced by:  Representatives Wetz, Duenwald, Klaudt, Koskan, Lucas, McIntyre, Napoli, and Pummel and Senators Dennert and Reedy at the request of the Interim School Finance Committee

       FOR AN ACT ENTITLED, An Act to   provide for state aid to certain school districts for transportation.

     Was read the first time.

     HB 1104   Introduced by:  Representatives Richter, Brown (Richard), Davis, Duniphan, Konold, McCoy, Putnam, Sutton (Daniel), Volesky, Wilson, and Wudel and Senators Brosz, Brown (Arnold), Hainje, Munson (David), and Shoener

       FOR AN ACT ENTITLED, An Act to   to reduce state aid to education to certain school districts with excess general fund cash balances and to prohibit certain transfers.

     Was read the first time.

     HB 1105   Introduced by:  Representatives Volesky, Fischer-Clemens, and Haley and Senators Moore, Flowers, and Kloucek

       FOR AN ACT ENTITLED, An Act to   prohibit the commitment of certain children in need of supervision to juvenile correction facilities.

     Was read the first time.

     HB 1106   Introduced by:  Representatives Peterson, Heineman, Smidt, and Wetz and Senators Staggers and Brosz

       FOR AN ACT ENTITLED, An Act to   provide for an early presidential primary.

     Was read the first time.

     HB 1107   Introduced by:  Representatives Volesky, Davis, Hanson, Lucas, Nachtigal, and Waltman and Senators Kloucek and Lawler

       FOR AN ACT ENTITLED, An Act to   permit the use of home detention programs for certain nonviolent offenders.

     Was read the first time.

     HB 1108   Introduced by:  Representatives Crisp, Diedrich (Larry), Duniphan, and Koetzle and Senators Vitter and Dunn (Rebecca)

       FOR AN ACT ENTITLED, An Act to   revise certain planning and zoning provisions.

     Was read the first time.

     HB 1109   Introduced by:  Representatives Hunt, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard), Cerny, Crisp, Cutler, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Duniphan, Earley, Eccarius, Engbrecht, Fiegen, Fischer-Clemens, Fitzgerald, Fryslie, Garnos, Haley, Heineman, Hennies, Jaspers, Juhnke, Klaudt, Konold, Kooistra, Lintz, Lucas, McCoy, McNenny, Michels, Monroe, Munson (Donald), Napoli, Peterson, Pummel, Putnam, Richter, Roe, Slaughter, Smidt, Sutton (Duane), Wetz, Wilson, Wudel, and Young and Senators Whiting, Albers, Benson, Bogue, Brosz, Brown (Arnold), Daugaard, Dunn (Jim), Duxbury, Everist, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Lawler, Madden, Moore, Olson, Paisley, Rounds, Shoener, Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide for an interagency team review and a written finding that placement in a Department of Corrections facility is the least restrictive placement commensurate with the best interests of the child.

     Was read the first time.

     HB 1110   Introduced by:  Representatives Hunt, Brooks, Cutler, Lucas, Smidt, and Volesky and Senators Bogue, Everist, Halverson, and Moore

       FOR AN ACT ENTITLED, An Act to   prohibit the use of the internet for certain gambling activities.

     Was read the first time.

     HB 1111   Introduced by:  Representatives Hunt, Apa, Duniphan, Engbrecht, Fitzgerald, McCoy, McIntyre, Michels, Sutton (Duane), Wilson, and Young and Senators Olson, Flowers, Lawler, and Munson (David)

       FOR AN ACT ENTITLED, An Act to   prohibit an adult from purchasing alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.

     Was read the first time.

     HB 1112   Introduced by:  Representatives Hunt, Apa, Engbrecht, Fitzgerald, McIntyre, Sutton (Duane), Wilson, and Young and Senators Daugaard, Flowers, Lawler, and Munson (David)

       FOR AN ACT ENTITLED, An Act to   authorize a merchant to detain certain persons who are under legal age and who have illegally purchased, attempted to purchase, or possess alcoholic beverages or tobacco products.

     Was read the first time.

     HB 1113   Introduced by:  Representatives Hunt, Apa, Duniphan, Engbrecht, Fitzgerald, McCoy, McIntyre, Michels, Sutton (Duane), Wilson, and Young and Senators Daugaard, Flowers, Lawler, Munson (David), and Olson

       FOR AN ACT ENTITLED, An Act to   authorize certain evidence in the defense of a violation for a sale of alcoholic beverages to a person under the age of twenty-one.

     Was read the first time.

     HB 1114   Introduced by:  Representatives Patterson, Burg, Cerny, Chicoine, Davis, Fischer- Clemens, Haley, Hanson, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Sutton (Daniel), and Waltman and Senators Lange and Moore

       FOR AN ACT ENTITLED, An Act to   limit annual interest rates and provide a penalty therefor.

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

     HB 1115   Introduced by:  Representatives Peterson, McIntyre, and Wilson and Senators Munson (David) and Olson

       FOR AN ACT ENTITLED, An Act to   exempt car rental companies from certain insurance regulations.

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

     HB 1116   Introduced by:  Representative Napoli and Senator Munson (David)

       FOR AN ACT ENTITLED, An Act to   prohibit motor vehicle brokering.

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

     HB 1117   Introduced by:  Representatives Napoli, McNenny, and Monroe and Senator Olson

       FOR AN ACT ENTITLED, An Act to   require municipalities to maintain water and sewer connections and to limit the ability to assess an abutting property owner.

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

     HB 1118   Introduced by:  Representatives Napoli, Apa, Broderick, Chicoine, Crisp, Fryslie, Garnos, Heineman, Kazmerzak, Monroe, Pummel, Putnam, Waltman, and Wudel and Senators Ham, Albers, Bogue, Kleven, Lange, and Moore

       FOR AN ACT ENTITLED, An Act to   require candidates for county commissioner to be residents of the district when signing the declaration of candidacy.

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

     HB 1119   Introduced by:  Representatives Diedtrich (Elmer), Apa, Duenwald, Eccarius, Fryslie, Juhnke, Koskan, Lucas, McNenny, Napoli, and Slaughter and Senators Moore, Albers, Flowers, and Madden

       FOR AN ACT ENTITLED, An Act to   distribute certain sales taxes collected at county- owned fairgrounds to counties for making improvements to fairgrounds.

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

     HB 1120   Introduced by:  Representatives Waltman, Burg, Cerny, Chicoine, Fischer- Clemens, Haley, Hanson, Kazmerzak, Koetzle, Lintz, Lockner, Lucas, McIntyre, Nachtigal, Napoli, Patterson, Sutton (Daniel), Volesky, and Weber and Senators Dennert and Lange

     FOR AN ACT ENTITLED, An Act to   exempt baler twine from municipal sales taxes.

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

     HB 1121   Introduced by:  Representatives Waltman, Burg, Cerny, Chicoine, Haley, Hanson, Kazmerzak, Lintz, Lucas, McIntyre, Nachtigal, Patterson, Volesky, and Weber and Senators Dennert and Lange

       FOR AN ACT ENTITLED, An Act to   revise the tolerance limits for weight violations by certain haystack movers.

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

     HB 1122   Introduced by:  Representatives McNenny, Hennies, Juhnke, Napoli, Pummel, and Sutton (Duane) and Senators Albers and Kleven

       FOR AN ACT ENTITLED, An Act to   require a removal agency to notify a county sheriff after removing certain motor vehicles.

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

     HB 1123   Introduced by:  Representatives Diedrich (Larry) and Chicoine and Senators Madden and Dunn (Rebecca)

       FOR AN ACT ENTITLED, An Act to   revise who may administer oaths and take proof or acknowledgment.

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

     HB 1124   Introduced by:  Representatives Diedrich (Larry), Crisp, Earley, Fischer-Clemens, Fryslie, Jaspers, Koetzle, Koskan, Putnam, Richter, Slaughter, and Sutton (Daniel) and Senators Munson (David), Brown (Arnold), Daugaard, Dunn (Jim), Hainje, Halverson, Kloucek, Madden, Olson, and Symens

       FOR AN ACT ENTITLED, An Act to   regulate motor vehicle fuel containing methyl tertiary butyl ether.

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

     HB 1125   Introduced by:  Representatives Richter, Brooks, Davis, Fiegen, Haley, and Lucas and Senators Duxbury and Daugaard

       FOR AN ACT ENTITLED, An Act to   appropriate money for certain programs at the School for the Deaf.

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

     HB 1126   Introduced by:  Representatives Wudel, Brooks, Chicoine, Pummel, and Putnam and Senators Vitter, Dunn (Jim), Reedy, and Rounds

       FOR AN ACT ENTITLED, An Act to   clarify the provision of municipal water and sewer services outside of municipal boundaries.

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

     HB 1127   Introduced by:  Representatives Monroe, Davis, Diedtrich (Elmer), Fischer- Clemens, Hunt, Koehn, Kooistra, McCoy, Patterson, and Sutton (Duane) and Senators Symens, Flowers, Kleven, Moore, and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize the assignment of health insurance proceeds to health care providers.

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

     HB 1128   Introduced by:  Representatives Brooks, Chicoine, Fischer-Clemens, Garnos, Munson (Donald), and Sebert and Senators Drake, Duxbury, and Lange

       FOR AN ACT ENTITLED, An Act to   revise certain quorum provisions regarding cooperatives.

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

     HB 1129   Introduced by:  Representatives Wetz, Duniphan, Fitzgerald, Fryslie, Hennies, Lucas, McIntyre, and Young and Senators Vitter and Daugaard

       FOR AN ACT ENTITLED, An Act to   require persons to show evidence of financial responsibility before certain motor vehicles may be registered.

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

     HB 1130   Introduced by:  Representatives Wetz and Volesky and Senators Vitter and Flowers

       FOR AN ACT ENTITLED, An Act to   provide for the titling of salvage, rebuilt, and flood damaged passenger motor vehicles.

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

     HB 1131   Introduced by:  Representatives Wetz, Brooks, Chicoine, Duenwald, Fischer- Clemens, Garnos, Jaspers, and Munson (Donald) and Senators Symens, Brosz, Duxbury, Lange, and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize the Public Utilities Commission to establish procedures and fees for the location of certain utilities across railroad rights-of-way.

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

     HB 1132   Introduced by:  Representatives Nachtigal, Burg, Cerny, Chicoine, Fischer- Clemens, Haley, Hanson, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Patterson, and Waltman and Senators Kloucek, Hutmacher, and Symens

       FOR AN ACT ENTITLED, An Act to   prohibit the use of MTBE as a gasoline oxygenate.

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

     HB 1133   Introduced by:  Representatives Roe, Cutler, Eccarius, Fischer-Clemens, Koehn, Michels, and Peterson and Senators Everist, Brown (Arnold), Dunn (Jim), Flowers, Madden, Munson (David), and Shoener

       FOR AN ACT ENTITLED, An Act to   provide insurance coverage for off-label uses of prescription drugs used for the treatment of cancer or life threatening conditions.

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

     HB 1134   Introduced by:  Representatives Broderick, Chicoine, Cutler, and Wilson and Senators Albers, Everist, and Reedy

       FOR AN ACT ENTITLED, An Act to   provide improvement districts the authority to prohibit or regulate the transaction of business in alcoholic beverages.

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

     HB 1135   Introduced by:  Representatives Sebert, Duenwald, Engbrecht, Fischer-Clemens, Fryslie, Weber, Wetz, and Wilson and Senators Daugaard, Lawler, and Olson

       FOR AN ACT ENTITLED, An Act to   require any driver involved in a fatal traffic accident to submit to a chemical test.

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

     HB 1136   Introduced by:  Representatives Sebert, Engbrecht, Fischer-Clemens, Fryslie, Weber, Wetz, and Wilson and Senators Daugaard, Bogue, Lawler, and Olson

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

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

     HB 1137   Introduced by:  Representatives Konold, Brooks, Davis, Diedtrich (Elmer), Earley, Engbrecht, Fischer-Clemens, Hennies, McNenny, Michels, Munson (Donald), Sebert, Smidt, Sutton (Daniel), Sutton (Duane), Volesky, and Wilson and Senators Rounds, Benson, Bogue, Brosz, Duxbury, Everist, Ham, Madden, Olson, and Shoener

       FOR AN ACT ENTITLED, An Act to   exempt real estate licensees from certain sex offender notification provisions.

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

     HB 1138   Introduced by:  Representative Brown (Jarvis) and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   revise the purposes for which a change of venue may be granted in an administrative appeal to the circuit court.

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

     HB 1139   Introduced by:  Representatives Cutler, Apa, Garnos, Koskan, Napoli, Smidt, and Waltman and Senators Paisley, Daugaard, and Olson

       FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

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

     HB 1140   Introduced by:  Representatives Cutler, Fischer-Clemens, Koskan, and Napoli and Senators Daugaard, Albers, and Flowers

       FOR AN ACT ENTITLED, An Act to   establish a uniform fee for the redemption of a tax sale.

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

     HB 1141   Introduced by:  Representatives Cerny, Hennies, and Nachtigal and Senators Hutmacher, Albers, and Moore

       FOR AN ACT ENTITLED, An Act to   prohibit eluding a law enforcement officer and to provide a penalty therefor.

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

     HJR 1001   Introduced by:  Representatives Hunt, Broderick, Brooks, Cutler, Duniphan, Fitzgerald, Koskan, McCoy, McNenny, and Richter and Senators Halverson, Brosz, Lange, and Madden

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

     Was read the first time.

     The following bills were read on Saturday, January 15th, and today the Speaker assigned these bills to committees:

     HB 1096 was referred to the Committee on Agriculture and Natural Resources.

     HB 1097 was referred to the Committee on Judiciary.

     HB 1098 was referred to the Committee on Judiciary.

     HB 1099 was referred to the Committee on Health and Human Services.

     HB 1100 was referred to the Committee on Judiciary.

     HB 1101 was referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1039:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall HB 1039 pass?"

     And the roll being called:

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

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

     Nays were:
Monroe

     Excused were:
Solum

     Absent and Not Voting were:
Davis; Koehn; Pummel

     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 1038:   FOR AN ACT ENTITLED, An Act to   provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement.

     Was read the second time.

     The question being "Shall HB 1038 pass?"

     And the roll being called:

     Yeas 35, Nays 34, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fischer-Clemens; Haley; Heineman; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Duane); Volesky; Weber; Wudel

     Nays were:
Brooks; Brown (Jarvis); Crisp; Cutler; Davis; Duenwald; Duniphan; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Jaspers; Juhnke; Klaudt; Koskan; Lintz; Lockner; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Smidt; Sutton (Daniel); Waltman; Wetz; Wilson; Young; Speaker Hunt

     Excused were:
Solum

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

     HB 1029:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of simulcast racing operations.

     Was read the second time.

     The question being "Shall HB 1029 pass as amended?"

     And the roll being called:

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

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

     Nays were:
Brown (Jarvis); Crisp; Munson (Donald); Napoli

     Excused were:
Solum

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1:   FOR AN ACT ENTITLED, An Act to   provide for the judicial jurisdiction of certain underage consumption offenses.

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

     SB 9:   FOR AN ACT ENTITLED, An Act to   provide for the extension of certain definitions relating to tax assessments.

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

     SB 11:   FOR AN ACT ENTITLED, An Act to   require annual training and testing for county veterans' service officers and to grant rule-making authority to the Division of Veterans Affairs.

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

     SB 22:   FOR AN ACT ENTITLED, An Act to   modify the driver's license revocation period for vehicular homicide.

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

     SB 32:   FOR AN ACT ENTITLED, An Act to   allow parties involved in a human rights dispute equal access to investigative records in a contested case proceeding after a probable cause determination.

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

     SJR 1:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other financial instruments and to use a certain portion of the interest and income to increase the principal in the fund.

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

     Rep. Cutler moved that the House do now adjourn to reconvene in Joint Session at 3:00  p.m., which motion prevailed and at 2:58 p.m. the House adjourned.


JOINT SESSION

    On Tuesday, January 18, 2000, at 3:00 p.m., the Senate and the House of Representatives met in Joint Session in the House Chamber for the purpose of receiving a report from the Governor, the Honorable William J. Janklow, concerning the topics of juvenile corrections and the tobacco settlement money.
    The President of the Senate and the Speaker of the House of Representatives jointly presiding.

    The Secretary of the Senate called the roll of the Senate and the following members were present:

Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting.

    The Chief Clerk of the House of Representatives called the roll of the House and the following members were present:

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; Heineman; 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; Sutton, Daniel; Sutton, Duane; Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt.

    The Lieutenant Governor, Carole Hillard, introduced the Honorable William J. Janklow, who spoke on the topics of juvenile corrections and tobacco settlement money.

    Questions by members of the House and Senate followed the presentations.

    Sen. Rounds moved that the Joint Session do now dissolve.

    Which motion prevailed and at 5:35 p.m., the Joint Session dissolved.