House Journal 01/25/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

ELEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 25, 2000

     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 Katey Nemec.

     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 tenth 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 Transportation respectfully reports that it has had under consideration HB 1121, 1129, and 1153 which were deferred to the 36th legislative day.

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

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 and returns the same with the recommendation that said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

1081ta

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

" Section 1. That § 5-18-19 be amended to read as follows:

5-18-19. It ~~shall be~~ is unlawful for any public corporation or its officers to enter into any contract in violation of the terms of this chapter or chapter 5-21, and any such contract entered into ~~shall be~~ is null and void and of no force and effect. Nothing in this section prohibits the court from applying the doctrine of equitable estoppel. If the contractor affirmatively establishes grounds to apply the doctrine of equitable estoppel, the court may award the contractor some or all of the actual costs incurred in performing the contract. "

1081ota

On page 1 , line 1 of the printed bill , delete " where amendments or change " and insert " if certain public " .

On page 1 , line 2 , delete " orders to existing construction " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:

1106oa

On page 4 , line 2 of the printed bill , after " incurred " insert " , including any interest at the Category B rate of interest as provided by § 54-3-16, " .

1106ob

Delete the previous amendment (1106oa) and amend as follows:

On page 4 , line 2 of the printed bill , after " incurred " insert " , including any interest at the rate of one percent per year, " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1072, 1152, 1182, and 1208 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1120 and 1180 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 1119 and returns the same with the recommendation that said bill be amended as follows:

1119fa

On page 1 , line 12 of the printed bill , delete " during county fairs " .

1119fb

On page 1 , line 10 of the printed bill , delete " However " and insert " If the county adopts a resolution requesting certain municipal sales tax revenue " .

And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

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

1096ta

On page 1 , line 6 of the printed bill , after " pests " insert " , as defined by state law, " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Richard “Dick” E. Brown, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1045 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 1149 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill be amended as follows:

1092ja

On page 3 , line 23 of the printed bill , delete " or " .

On page 3 , line 25 , delete " . " and insert " ; or " .

On page 3 , after line 25 , insert:

(6) Any manufactured home dealer who is licensed by the state, when acting within the scope of that person's license. "

1092jc

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

On page 1 , line 12 , after " structure, " insert " and " .

On page 1 , line 13 , delete " , or any other related residential housing component " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1001 which was deferred to the 36th legislative day.

Respectfully submitted,
Robert A. Roe, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 54 and 74 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that HB 1083 be referred from the Committee on State Affairs to the Committee on Appropriations.

Which motion prevailed and the bill was so referred.

Rep. Roe moved that HB 1232 be referred from the Committee on Transportation to the Committee on Commerce.

Which motion prevailed and the bill was so referred.

Rep. Cutler moved that HB 1205 be referred from the Committee on Local Government to the Committee on Taxation.

Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1064 as found on pages 188 and 189 of the House Journal; also

     Judiciary on HB 1097 as found on page 189 of the House Journal; also

     Judiciary on HB 1100 as found on pages 189 and 190 of the House Journal; also

     Judiciary on HB 1160 as found on page 191 of the House Journal; also

     State Affairs on HB 1101 as found on pages 191 and 192 of the House Journal; also

State Affairs on HB 1103 as found on page 192 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1316 Introduced by: The Committee on State Affairs at the request of the Governor

     FOR AN ACT ENTITLED, An Act to increase the penalty for possessing certain drugs near schools and certain other youth-oriented facilities.

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

     HB 1317 Introduced by: The Committee on Health and Human Services at the request of the Governor

     FOR AN ACT ENTITLED, An Act to provide additional child safety requirements for children in passenger vehicles.

     Was read the first time.

The following bills have had their first reading and the Speaker assigned them to the following committees:

HB 1254 was referred to the Committee on Judiciary.

HB 1255 was referred to the Committee on Education.

HB 1256 was referred to the Committee on Local Government.

HB 1257 was referred to the Committee on Education.

HB 1258 was referred to the Committee on Education.

HB 1259 was referred to the Committee on Appropriations.

HB 1260 was referred to the Committee on Agriculture and Natural Resources.

HB 1261 was referred to the Committee on State Affairs.

HB 1262 was referred to the Committee on Local Government.

HB 1263 was referred to the Committee on Retirement Laws.

HB 1264 was referred to the Committee on State Affairs.

HB 1265 was referred to the Committee on State Affairs.

HB 1266 was referred to the Committee on State Affairs.

HB 1267 was referred to the Committee on Agriculture and Natural Resources.

HB 1268 was referred to the Committee on Health and Human Services.

HB 1269 was referred to the Committee on Education.

HB 1270 was referred to the Committee on Judiciary.

HB 1271 was referred to the Committee on State Affairs.

HB 1272 was referred to the Committee on State Affairs.

HB 1273 was referred to the Committee on State Affairs.

HB 1274 was referred to the Committee on Commerce.

HB 1275 was referred to the Committee on Commerce.

HB 1276 was referred to the Committee on Commerce.

HB 1277 was referred to the Committee on Judiciary.

HB 1278 was referred to the Committee on Judiciary.

HB 1279 was referred to the Committee on Health and Human Services.

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

HB 1281 was referred to the Committee on Education.

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

HB 1283 was referred to the Committee on Judiciary.

HB 1284 was referred to the Committee on Judiciary.

HB 1285 was referred to the Committee on Judiciary.

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

HB 1287 was referred to the Committee on Transportation.

HB 1288 was referred to the Committee on Commerce.

HB 1289 was referred to the Committee on State Affairs.

HB 1290 was referred to the Committee on State Affairs.

HB 1291 was referred to the Committee on Appropriations.

HB 1292 was referred to the Committee on State Affairs.

HB 1293 was referred to the Committee on Local Government.

HB 1294 was referred to the Committee on Education.

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

HB 1296 was referred to the Committee on Transportation.

HB 1297 was referred to the Committee on State Affairs.

HB 1298 was referred to the Committee on State Affairs.

HB 1299 was referred to the Committee on State Affairs.

HB 1300 was referred to the Committee on Agriculture and Natural Resources.

HB 1301 was referred to the Committee on Agriculture and Natural Resources.

HB 1302 was referred to the Committee on Commerce.

HB 1303 was referred to the Committee on Judiciary.

HB 1304 was referred to the Committee on Taxation.

HB 1305 was referred to the Committee on Commerce.

HB 1306 was referred to the Committee on Judiciary.

HB 1307 was referred to the Committee on Appropriations.

HB 1308 was referred to the Committee on Judiciary.

HB 1309 was referred to the Committee on Health and Human Services.

HB 1310 was referred to the Committee on Appropriations.

HB 1311 was referred to the Committee on State Affairs.

    HB 1312 was referred to the Committee on Taxation.

    HB 1313 was referred to the Committee on Health and Human Services.

HB 1314 was referred to the Committee on State Affairs.

HB 1315 was referred to the Committee on Education.

HJR 1004 was referred to the Committee on State Affairs.

HJR 1005 was referred to the Committee on Judiciary.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1077: FOR AN ACT ENTITLED, An Act to revise the requirements for maintaining an owner-occupied single-family dwelling classification.

Was read the second time.

     The question being "Shall HB 1077 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

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

Excused 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.

HB 1138: 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 second time.

     The question being "Shall HB 1138 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

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

     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 1074: FOR AN ACT ENTITLED, An Act to revise municipal special assessment provisions.

Was read the second time.

1074fd

Rep. Munson (Donald) moved that HB 1074 be amended as follows:

On page 1 , line 9 of the House Local Government committee engrossed bill , delete " and fifty " .

On page 1 , line 10 , overstrike " cents " .

On page 2 , line 6 , delete " and fifty " .

On page 2 , line 6 , overstrike " cents " .

On page 2 , line 13 , delete " and fifty " .

On page 2 , line 13 , overstrike " cents " .

On page 2 , line 18 , delete " and fifty " .

On page 2 , line 18 , overstrike " cents " .

On page 2 , line 25 , delete " and fifty " .

On page 3 , line 1 , overstrike " cents " .

Which motion prevailed and HB 1074 was so amended.

     The question being "Shall HB 1074 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Burg; Cerny; Davis; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Hagen; Haley; Koetzle; Koskan; Lucas; Michels; Napoli; Richter; Volesky; Wetz

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.

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1054 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1118 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 Local Government respectfully reports that it has had under consideration HB 1071 and returns the same with the recommendation that said bill be amended as follows:

1071ta

On page 1 , line 8 of the printed bill , after " organization " insert " , veterans organization, or benevolent organization that is nonprofit and recognized as tax-exempt under section 501(c)(3), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the United States Internal Revenue Code of 1986 as amended to January 1, 2000, " .

On page 1 , line 9 , after " charitable " insert " , veterans, or benevolent " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1134 which was deferred to the 36th legislative day.

Respectfully submitted,
J.P. Duniphan, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

HB 1043: FOR AN ACT ENTITLED, An Act to revise, repeal, and reenact certain provisions pertaining to persons with developmental disabilities.

Was read the second time.

The question being "Shall HB 1043 pass as amended?"

And the roll being called:

Yeas 69, Nays 0, Excused 0, Absent and Not Voting 1

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; 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; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Absent and Not Voting were:
Napoli

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

HB 1059: FOR AN ACT ENTITLED, An Act to clarify persons required to report child abuse or neglect.

Was read the second time.

     The question being "Shall HB 1059 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent and Not Voting 1

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

Absent and Not Voting were:
Cutler

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

HB 1061: FOR AN ACT ENTITLED, An Act to define the assault of court employees as aggravated assault.

Was read the second time.

Rep. Michels requested a fiscal note on HB 1061.

Which request was supported.

HB 1063: FOR AN ACT ENTITLED, An Act to establish the crime of second degree vehicular battery and to provide penalties therefor.

Was read the second time.

Rep. Hennies requested a fiscal note on HB 1063.

Which request was supported.

HB 1066: FOR AN ACT ENTITLED, An Act to criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Was read the second time.

Rep. Hennies requested a fiscal note on HB 1066.

Which request was supported.

Speaker Pro tempore Eccarius now presiding.

HB 1067: FOR AN ACT ENTITLED, An Act to extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

Was read the second time.

The question being "Shall HB 1067 pass?"

And the roll being called:

Yeas 35, Nays 33, Excused 1, Absent and Not Voting 1

Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Derby; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Hanson; Heineman; Hennies; Jaspers; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; Michels; Pummel; Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wilson; Speaker Hunt

Nays were:
Apa; Broderick; Burg; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Fryslie; Garnos; Hagen; Haley; Juhnke; Kazmerzak; Klaudt; Koehn; Lockner; Lucas; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Sebert; Solum; Waltman; Wetz; Wudel; Young

Excused were:
Koetzle

Absent and Not Voting were:
Peterson

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

Rep. Richter announced his intention to reconsider the vote by which HB 1067 was lost.

HB 1095: FOR AN ACT ENTITLED, An Act to authorize professional corporations, limited liability companies, or limited liability partnerships owned by certain health care professionals of more than one profession.

Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 49, Nays 19, Excused 1, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Koehn; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Richter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brown (Richard); Clark; Cutler; Eccarius; Fiegen; Fryslie; Juhnke; Klaudt; Konold; Kooistra; McNenny; Peterson; Putnam; Roe; Sebert; Slaughter; Solum; Wetz

Excused were:
Koetzle

Absent and Not Voting were:
Crisp

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

HB 1136: FOR AN ACT ENTITLED, An Act to prohibit the keeping of a place where marijuana is used or distributed.

Was read the second time.

     The question being "Shall HB 1136 pass?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 1, Absent and Not Voting 1

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

Nays were:
Haley; Koehn; Lucas; Sutton (Duane)

Excused were:
Koetzle

Absent and Not Voting were:
Diedrich (Larry)

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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 54: FOR AN ACT ENTITLED, An Act to permit schools to display religious documents under certain circumstances.

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

SB 74: FOR AN ACT ENTITLED, An Act to require a report in certain circumstances when an audit finding reoccurs.

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

The following bills have had their first reading and the Speaker assigned them to the following committees:

SB 45 was referred to the Committee on Taxation.

SB 48 was referred to the Committee on Judiciary.

SB 60 was referred to the Committee on Judiciary.

SB 61 was referred to the Committee on Judiciary.

SB 62 was referred to the Committee on Judiciary.

SB 79 was referred to the Committee on Commerce.

SECOND 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 second time.

Rep. Jarvis Brown requested a fiscal note on SB 1.

Which request was supported.

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

Was read the second time.

     The question being "Shall SB 22 pass?"

     And the roll being called:

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

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

Nays were:
Cutler; Eccarius; Fryslie; Klaudt; McNenny; Patterson

Excused were:
Koetzle

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

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 second time.

     The question being "Shall SB 32 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

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

Nays were:
Eccarius

Excused were:
Koetzle

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

SIGNING OF BILLS

     The Speaker publicly read the title to

     SB 40: FOR AN ACT ENTITLED, An Act to revise certain water supply and treatment system operator certification provisions to comply with the requirements of the federal Safe Drinking Water Act.

     And signed the same in the presence of the House.

COMMEMORATIONS

HC 1001 Introduced by: Representatives Weber and Diedrich (Larry) and Senator Halverson

A LEGISLATIVE COMMEMORATION, Congratulating the town of LaBolt on its centennial celebration.

WHEREAS, LaBolt was named for a French horse trader, Alfred LaBolt, who homesteaded near the present town. The St. Paul, Minneapolis and Manitoba; Great Northern; and Great Northern and Burlington Northern railways have operated in LaBolt. The Northwestern Elevator was the first business in LaBolt, and opened in 1879, and the new LaBolt Farmers' Grain Elevator has been a cooperative for some ninety years; and

WHEREAS, LaBolt became an important trade center for the pioneers, boasting several general stores, a lumber yard, hotel, bank, implement store, garage, restaurant, gas station, funeral home, blacksmith shop, post office, barbershop, cream station, magneto shop, shoe repair, and others. The Mini-Mall, built in 1993, is now the focal point in LaBolt; and

WHEREAS, the people of LaBolt have demonstrated a strong community spirit over the years with their support for local programs and fundraisers, sports, and school events. Examples include the LaBolt Cornet Band, organized in 1902, LaBolt park and dam built in 1937, the high school built in 1941, numerous churches and youth facilities:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that the town of LaBolt be honored on the occasion of its centennial celebration on July 1 and 2, in the year 2000.

HC 1002 Introduced by: Representatives Brooks and Brown (Richard) and Senator Brown (Arnold)

A LEGISLATIVE COMMEMORATION, Commending and honoring Diane H. Falin of the Aid Association for Lutherans as a 1999 Fraternalist of the Year.

WHEREAS, Diane Falin has headed numerous pancake and chili feeds to benefit several cancer victims, blood drives for the United Blood Services "Let's Make a Difference Day," and fundraisers for church youth groups to help them with youth gathering expenses; and

WHEREAS, Diane Falin has organized work crews to help elderly and widowed church members paint, shingle, insulate, and maintain their homes; and

WHEREAS, Diane Falin has dedicated countless hours to helping others by volunteering and is currently involved in a project to build a park next to Peace Lutheran Church in Rapid City:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Diane H. Falin, a lifelong AAL member, be hereby honored for being recognized by the South Dakota Fraternal Congress as a 1999 Fraternalist of the Year at its sixty-third annual meeting in Rapid City, South Dakota, on October 8, 1999.

HC 1003 Introduced by: Representatives Brooks, Brown (Richard), and Duniphan and Senator Brown (Arnold)

A LEGISLATIVE COMMEMORATION, Commending and honoring John Klein of the Catholic Order of Foresters as a 1999 Fraternalist of the Year.

WHEREAS, John Klein has received the Legion of Honor Award and the Merit Award; and

WHEREAS, John Klein has been active in many fundraisers, was manager of the lunch wagon for farm auction concessions in the Dell Rapids area, and has helped at parish breakfasts, and football and basketball games; and

WHEREAS, John Klein is a past officer of the Farm Bureau, is a member of the St. Mary Booster Club, and is active in his church where he served for many years as the chairman of the youth group:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that John Klein of the Catholic Order of Foresters be hereby honored for being recognized by the South Dakota Fraternal Congress as a 1999 Fraternalist of the Year at its sixty-third annual meeting in Rapid City, South Dakota, on October 8, 1999.

HC 1004 Introduced by: Representatives Brooks and Brown (Richard) and Senator Brown (Arnold)

A LEGISLATIVE COMMEMORATION, Commending and honoring Freida Shuh of the Lutheran Brotherhood as a 1999 Fraternalist of the Year.

WHEREAS, Freida Shuh served for ten years as the branch president of the Missouri River Branch where she guided officers, communicators, and community volunteers through countless projects during which time the branch received superior ratings year after year; and

WHEREAS, Freida Shuh for thirteen years has served her church, St. Paul, of Java, South Dakota, as its communicator, showing her sincere interest for the well-being of her congregation; and

WHEREAS, Freida Shuh, a community volunteer, former teacher, and concerned citizen, is continuously involved in activities even now as she is over the young age of eighty years. She is the ultimate volunteer:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Freida Shuh of the Lutheran Brotherhood be hereby honored for being recognized by the South Dakota Fraternal Congress as a 1999 Fraternalist of the Year at its 63rd annual meeting in Rapid City, South Dakota, on October 8, 1999.

HC 1005 Introduced by: Representatives Brooks and Brown (Richard) and Senator Brown (Arnold)

A LEGISLATIVE COMMEMORATION, Commending and honoring Irene Sears of Modern Woodmen of America as a 1999 Fraternalist of the Year.

WHEREAS, Irene Sears began her volunteer experiences as a child, has devoted her life to helping others, and has been a leader among volunteers from the day she moved to South Dakota twenty-five years ago. She fills each day with some type of volunteer activity and is a devoted role model in encouraging others to become volunteers; and

WHEREAS, Irene Sears has been employed by the Elderly Meals Program since April 1992; and

WHEREAS, Irene Sears, as Volunteer Coordinator, has brought the program into the mainstream of public media and has successfully expanded the number of routes and the number of volunteers in the Rapid City home delivery system to meet the growing need:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Irene Sears of Modern Woodmen of America be hereby honored for being recognized by the South Dakota Fraternal Congress as a 1999 Fraternalist of the Year at its sixty-third annual meeting in Rapid City, South Dakota, on October 8, 1999.

HC 1006 Introduced by: Representatives Brooks and Brown (Richard) and Senator Brown (Arnold)

A LEGISLATIVE COMMEMORATION, Commending and honoring Venoy I. Tenold of the Lutheran Brotherhood as a 1999 Fraternalist of the Year.

WHEREAS, Venoy Tenold, since 1982, has been instrumental in helping to raise over $203,100 that was distributed throughout the community; and

WHEREAS, Venoy Tenold has been quoted as saying "When we make a difference in our local area, it becomes like a pebble in a lake, the ripples reach farther than we can see"; and

WHEREAS, Venoy Tenold is a mother of four and married to Willie Tenold who has been a quadriplegic since a farm accident in April of 1990:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Venoy I. Tenold of the Lutheran Brotherhood be hereby honored for being recognized by the South Dakota Fraternal Congress as a 1999 Fraternalist of the Year at its sixty-third annual meeting in Rapid City, South Dakota, on October 8, 1999.

Rep. Monroe moved that the House do now adjourn, which motion prevailed, and at 4:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk