House Journal 01/26/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 26, 2000

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

     The prayer was offered by the Chaplain, Mother Linda Logan, followed by the Pledge of Allegiance led by House page Mike Hilmoe.

     Roll Call: All members present except Rep. Wetz 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 eleventh 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. Konold introduced Bill Zubke of Watertown, South Dakota's 2000 Teacher of the Year.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1036 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1017 and SB 43 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 Health and Human Services respectfully reports that it has had under consideration HB 1028 and returns the same with the recommendation that said bill be amended as follows:

On page 3 , line 10 of the printed bill , delete " the physician's " .

On page 2 , line 8 of the printed bill , overstrike " audiometry " and insert " hearing screenings " .

And that as so amended said bill do pass.

Respectfully submitted,
Kristie K. Fiegen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1164 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the printed bill , after " from " insert " individual " .

On page 1 , line 15 , after " from " insert " individual " .

Delete the amendment to page 1, line 15 contained in 1164oa.

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 HCR 1001 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1151 and 1219 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 12, 13, 46, 51, 52, 55, 56, 92, 93, 95, 111, and 146 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1011 which has passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

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

     Rep. Hennies moved to reconsider the vote by which HB 1067 was lost.

     The question being on Rep. Hennies' motion to reconsider the vote by which HB 1067 was lost.

     And the roll being called:

     Yeas 38, Nays 30, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Koehn; Kooistra; Koskan; Lintz; McCoy; McIntyre; Michels; Peterson; Pummel; Putnam; Richter; Sebert; Smidt; Sutton (Duane); Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Burg; Chicoine; Crisp; Cutler; Diedrich (Larry); Duenwald; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Lockner; Lucas; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Roe; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman

Excused were:
Wetz

Absent and Not Voting were:
Davis

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1067 was up for reconsideration and final passage.

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.

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

The question being "Shall HB 1067 pass?"

And the roll being called:

Yeas 33, Nays 35, Excused 2, Absent and Not Voting 0

Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Heineman; Hennies; Jaspers; Kooistra; Koskan; Lintz; McCoy; McIntyre; Michels; Peterson; Pummel; Richter; Sebert; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wilson; Speaker Hunt

Nays were:
Apa; Broderick; Burg; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Duenwald; Fischer- Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Lockner; Lucas; McNenny; Monroe; Nachtigal; Napoli; Patterson; Putnam; Roe; Slaughter; Solum; Waltman; Wudel; Young

Excused were:
Munson (Donald); Wetz

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

HCR 1008 Introduced by: Representatives Weber, Chicoine, Crisp, Lockner, and Lucas and Senators Kloucek and Vitter

A CONCURRENT RESOLUTION, Urging changes to current federal farm policy.

WHEREAS, the current farm bill commonly referred to as "Freedom to Farm" has become increasingly more reliant upon direct federal payments to farmers; and

WHEREAS, the current farm bill makes no provision to provide a reasonable "safety net" to producers when prices are low and production is high; and

WHEREAS, a proposal commonly referred to as the "Cyre-Blindert proposal" is capable of addressing these and other shortcomings of the FAIR ACT, also known as the "Freedom to Farm" Act; and

WHEREAS, the Cyre-Blindert proposal has the potential to achieve a reasonable "safety net" for producers in times of low price and increasing supply situations; and

WHEREAS, the Cyre-Blindert proposal achieves these and other benefits including improved risk management, targeted disaster benefits, improved incomes for producers, and reduced expenditures by the commodity credit corporation:

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 this and other efforts to enhance and improve the current farm policy of this nation and encourages the Congress of the United States to hold hearings and consider adoption of the Cyre-Blindert proposal.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

Rep. Jarvis Brown moved that SB 30 be referred from the Committee on Judiciary to the Committee on Agriculture and Natural Resources.

Which motion prevailed and the bill was so referred.

Rep. Jarvis Brown moved that HB 1102 and 1212 be referred from the Committee on Judiciary to the Committee on Commerce.

Which motion prevailed and the bills were so referred.

Rep. Jarvis Brown moved that HB 1213 be referred from the Committee on Judiciary 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

     State Affairs on HB 1081 as found on page 218 of the House Journal; also

     State Affairs on HB 1106 as found on page 219 of the House Journal; also

     Taxation on HB 1119 as found on pages 219 and 220 of the House Journal; also

     Agriculture and Natural Resources on HB 1096 as found on page 220 of the House Journal; also

     Commerce on HB 1092 as found on page 221 of the House Journal; also

     Local Government on HB 1071 as found on page 229 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bill has had its first reading and the Speaker assigned the bill to the following committee:

HB 1317 was referred to the Committee on Transportation.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1149: FOR AN ACT ENTITLED, An Act to define the term, residential rental agent.

Was read the second time.

     The question being "Shall HB 1149 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; 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; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Putnam; Wetz

Absent and Not Voting were:
Weber

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

HB 1118: 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 second time.

The question being "Shall HB 1118 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, 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; 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; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Wetz

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1064: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

Was read the second time.

Rep. Fischer-Clemens moved that HB 1064 be amended as follows:

On page 2 , line 15 of the House Judiciary committee engrossed bill , after " nurse, " insert " certified nurse practitioner, " .

Which motion prevailed and HB 1064 was so amended.

The question being "Shall HB 1064 pass as amended?"

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; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Garnos; Koehn; Nachtigal

Excused were:
Wetz

Absent and Not Voting were:
Davis

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 1097: FOR AN ACT ENTITLED, An Act to require sellers of tobacco and alcohol to retain the age-bearing documents of persons suspected of misrepresenting their age for the purpose of purchasing those products and to require community service of those who misrepresent their ages for the purpose of purchasing tobacco and alcohol.

Was read the second time.

Rep. Michels moved that HB 1097 be amended as follows:

On page 1 , line 10 of the House Judiciary committee engrossed bill , delete everything after " misdemeanor. " and insert " The court may, in addition to any other penalty, require the defendant to perform community service. " .

On page 1 , delete line 11 .

On page 2 , line 7 , delete " In " and insert " The court may, in addition to any other penalty, require the defendant to perform community service. " .

On page 2 , delete lines 8 and 9 .

Which motion prevailed and HB 1097 was so amended.

     The question being "Shall HB 1097 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 37, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Crisp; Duniphan; Engbrecht; Fiegen; Fitzgerald; Hagen; Heineman; Hennies; Konold; Koskan; McCoy; McIntyre; Michels; Munson (Donald); Peterson; Pummel; Richter; Roe; Sebert; Smidt; Solum; Sutton (Daniel); Volesky; Weber; Young; Speaker Hunt

Nays were:
Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Fischer-Clemens; Fryslie; Garnos; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Kooistra; Lintz; Lockner; Lucas; McNenny; Monroe; Nachtigal; Napoli; Patterson; Putnam; Slaughter; Sutton (Duane); Waltman; Wilson; Wudel

Excused were:
Wetz

Absent and Not Voting were:
Koetzle

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

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1124 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1155 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 16 of the printed bill , overstrike " if the " .

On page 2 , line 17 , overstrike " provisions of § 49-28-8.2 are met " .

On page 2 , line 15 of the printed bill , after " livestock " insert " in a vehicle or combination of vehicles registered at twenty-six thousand pounds or less " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1132 and 1168 which were deferred to the 36th legislative day.

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1123 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 Judiciary respectfully reports that it has had under consideration HB 1128 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , after " bylaws. " insert " However, the quorum may not be less than five members. " .

On page 2 , line 4 , after " bylaws. " insert " However, the quorum may not be less than five members. " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 36-21A be amended by adding thereto a NEW SECTION to read as follows:

No licensee representing a seller or landlord has a duty to investigate, volunteer, or disclose information regarding a registered sex offender residing on or near the property.

Section 2. That chapter 36-21A be amended by adding thereto a NEW SECTION to read as follows:

No licensee representing a buyer or tenant has a duty to investigate or volunteer information regarding a registered sex offender residing on or near the property. However, upon inquiry by the licensee's client, the licensee representing a buyer or tenant shall disclose to the client any actual knowledge that the licensee may have regarding a registered sex offender residing on or near the property. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1167 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 9 of the printed bill , after " that the " insert " person who is the " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1161 which was tabled.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1114, 1159, and 1160 which were deferred to the 36th legislative day.

Respectfully submitted,
Jarvis W. Brown, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1100: FOR AN ACT ENTITLED, An Act to allow certain nurses to form limited liability partnerships and limited liability companies.

Was read the second time.

     The question being "Shall HB 1100 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, 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; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; 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; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cutler; Fiegen

Excused were:
Hennies; Wetz

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.

The question being on the title.

Rep. Michels moved that the title to HB 1100 be amended as follows:

On page 1 , line 1 of the House Judiciary committee engrossed bill , after " nurses " insert " and physician's assistants " .

Which motion prevailed and the title was so amended.

Speaker Pro tempore Eccarius now presiding.

HB 1060: FOR AN ACT ENTITLED, An Act to revise the standards of review for findings of fact.

Was read the second time.

Rep. Wilson moved that HB 1060 be amended as follows:

On page 1 , line 11 of the House Judiciary committee engrossed bill , after " judge " overstrike " of " .

Which motion prevailed and HB 1060 was so amended.

     The question being "Shall HB 1060 pass as amended?"

     And the roll being called:

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

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

Nays were:
Engbrecht; McCoy; Michels

Excused were:
Hennies; 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.

HB 1101: FOR AN ACT ENTITLED, An Act to revise the grounds for revocation or suspension of an alcoholic beverage license.

Was read the second time.

Rep. Kooistra moved that HB 1101 be amended as follows:

On page 1 , delete line 10 of the House State Affairs committee engrossed bill .

On page 1 , line 11 , delete " (2) " and insert " (1) " .

On page 1 , line 15 , delete " (3) " and insert " (2) " .

On page 2 , line 5 , delete " (4) " and insert " (3) " .

On page 2 , line 6 , delete " twelve months " and insert " two years " .

Which motion lost.

     The question being "Shall HB 1101 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent and Not Voting 0

     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; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cerny; Fitzgerald; Koehn; Kooistra; Lucas; Patterson

Excused were:
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.

HB 1103: FOR AN ACT ENTITLED, An Act to allow state employees to use two days of personal leave as voluntary community service leave.

Was read the second time.

     The question being "Shall HB 1103 pass as amended?"

     And the roll being called:

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

     Yeas were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Monroe; Nachtigal; Patterson; Peterson; Roe; Smidt; Sutton (Daniel); Volesky; Waltman; Weber

Nays were:
Apa; Brooks; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Heineman; Jaspers; Klaudt; Konold; Koskan; Lintz; McNenny; Michels; Munson (Donald); Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Solum; Sutton (Duane); Wilson; Wudel; Young; Speaker Hunt

Excused were:
Wetz

Absent and Not Voting were:
Hennies

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

HJR 1001: 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 second time.

The question being "Shall HJR 1001 pass?"

And the roll being called:

Yeas 48, Nays 18, Excused 3, Absent and Not Voting 1

Yeas were:
Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Waltman; Wilson; Wudel; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Crisp; Derby; Diedrich (Larry); Eccarius; Fryslie; Jaspers; Kazmerzak; Klaudt; Koehn; Konold; Lucas; Solum; Sutton (Daniel); Volesky; Weber; Young

Excused were:
Koetzle; Michels; Wetz

Absent and Not Voting were:
Diedtrich (Elmer)

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

HB 1120: FOR AN ACT ENTITLED, An Act to exempt baler twine from municipal sales taxes.

Was read the second time.

     The question being "Shall HB 1120 pass?"

     And the roll being called:

     Yeas 31, Nays 36, Excused 3, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Crisp; Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koetzle; Koskan; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Napoli; Patterson; Sutton (Daniel); Volesky; Waltman; Weber

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Davis; Derby; Diedrich (Larry); Earley; Fiegen; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Koehn; Konold; Kooistra; McCoy; McNenny; Michels; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wilson; Wudel; Speaker Hunt

Excused were:
Monroe; Wetz; Young

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

HB 1180: FOR AN ACT ENTITLED, An Act to provide for a retroactive application of the definition of telephone company operating property.

Was read the second time.

     The question being "Shall HB 1180 pass?"

     And the roll being called:

     Yeas 23, Nays 45, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Burg; Duenwald; Earley; Engbrecht; Fitzgerald; Hanson; Hennies; Jaspers; Juhnke; Koehn; Koskan; Lockner; McIntyre; Munson (Donald); Nachtigal; Pummel; Putnam; Slaughter; Smidt; Waltman; Weber; Wudel

Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Eccarius; Fiegen; Fischer- Clemens; Fryslie; Garnos; Hagen; Haley; Heineman; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Lintz; Lucas; McCoy; Michels; Monroe; Napoli; Patterson; Peterson; Richter; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wilson; Young; Speaker Hunt

Excused were:
McNenny; Wetz

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

Rep. Apa announced his intention to reconsider the vote by which HB 1180 was lost.

HB 1049: FOR AN ACT ENTITLED, An Act to establish an incentive program for voluntary school reform.

Was read the second time.

Rep. Davis requested a fiscal note on HB 1049.

Which request was supported.

HB 1045: FOR AN ACT ENTITLED, An Act to adopt the Interstate Nurse Licensure Compact and to establish South Dakota's participation in the interstate compact.

Was read the second time.

     The question being "Shall HB 1045 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

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

Excused were:
Cutler; McNenny; 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.

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions related to expenses and compensation of water development district board members.

Was read the second time.

The question being "Shall HB 1054 pass?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent and Not Voting 0

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

Nays were:
Eccarius; Fiegen; Klaudt

Excused were:
Cutler; Diedrich (Larry); McNenny; Michels; 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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 12: FOR AN ACT ENTITLED, An Act to provide for a conservation easement for certain state lands.

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

SB 13: FOR AN ACT ENTITLED, An Act to revise the procedure to adopt administrative rules.

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

SB 46: FOR AN ACT ENTITLED, An Act to require the payment of cigarette taxes in certain instances.

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

SB 51: FOR AN ACT ENTITLED, An Act to provide for the waiver or compromise of unpaid interest on inheritance tax under certain circumstances.

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

SB 52: FOR AN ACT ENTITLED, An Act to revise the composition of local industrial development corporations.

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

SB 55: FOR AN ACT ENTITLED, An Act to revise certain administrative rules with regard to minimum medication administration training for adjustment training center employees.

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

SB 56: FOR AN ACT ENTITLED, An Act to allow municipal sewer charges to be based on the use or consumption of water.

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

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period to collect signatures for initiative petitions and initiated constitutional amendment petitions.

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

SB 93: FOR AN ACT ENTITLED, An Act to prohibit smoking near certain pumps dispensing motor fuel.

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

SB 95: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prohibition against driving a vehicle while under the influence of alcohol, any controlled drug, or marijuana.

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

SB 111: FOR AN ACT ENTITLED, An Act to provide that a regulated lender has no duty to provide information about its customers unless required by legal process.

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

SB 146: FOR AN ACT ENTITLED, An Act to revise certain provisions of the Uniform Probate Code relating to the annual accounting of the conservator.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1011 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of petitions.

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1011 was delivered to his Excellency, the Governor, for his approval at 4:16 p.m., January 26, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

Rep. Sebert moved that the House do now adjourn, which motion prevailed, and at 4:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk