JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 27, 2000

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

     The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by House page Lindsey Hahn.

     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 twelfth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1150 and returns the same with the recommendation that said bill be amended as follows:

1150ta

     On page 1 , line 9 of the printed bill , delete " any process or practice " and insert " a process " .

     On page 1 , line 10 , delete " potential " .

     On page 1 , line 11 , delete " Such processes and practices include the feeding of commodities to animals. " .

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HJR 1003 which was deferred to the 36th legislative day.


Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1193 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 1236 and returns the same with the recommendation that said bill be amended as follows:

1236ca

     On page 2 , delete line 25 of the printed bill .

     Delete page 3 .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill be amended as follows:

1228ca

     On page 1 , line 6 of the printed bill , delete " from any school " .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

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

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1108 and 1204 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1169 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
J.P. Duniphan, Chair
MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 44, 75, 97, 98, 99, 103, 153, and 154 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1019, 1020, and 1033 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Requesting the Department of Corrections to take appropriate action to preserve the prison yard wall at the South Dakota State Penitentiary located in Sioux Falls.

     Rep. Kooistra moved that HCR 1001 as found on page 52 of the House Journal be adopted.

     The question being on Rep. Kooistra's motion that HCR 1001 be adopted.

     And the roll being called:

     Yeas 32, Nays 37, Excused 1, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Fischer- Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Patterson; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman; Weber

     Nays were:
Apa; Broderick; Brooks; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Smidt; Sutton (Duane); Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Wetz

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

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

     Rep. Apa moved to reconsider the vote by which HB 1180 was lost.

     The question being on Rep. Apa's motion to reconsider the vote by which HB 1180 was lost.

     And the roll being called:

     Yeas 42, Nays 27, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Crisp; Cutler; Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Slaughter; Smidt; Sutton (Daniel); Waltman; Weber; Wudel; Speaker Hunt

     Nays were:
Brooks; Chicoine; Clark; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Fiegen; Fischer- Clemens; Hagen; Haley; Kazmerzak; Koetzle; Konold; Lucas; McNenny; Michels; Nachtigal; Patterson; Richter; Roe; Sebert; Solum; Sutton (Duane); Volesky; Wilson; Young

     Excused were:
Wetz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1180 was up for reconsideration and final passage.

     Rep. Apa moved that HB 1180 be placed to follow HB 1165 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Fiegen moved that HB 1317 be referred from the Committee on Transportation to the Committee on Health and Human Services.

     Which motion prevailed and the bill was so referred.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 28th, the 14th legislative day.

     Which motion prevailed.

     HCR 1009   Introduced by:  Representatives Roe, Brooks, Brown (Richard), Crisp, Cutler, Diedrich (Larry), Fiegen, Garnos, Kazmerzak, Lucas, Monroe, Putnam, Richter, Smidt, and Sutton (Duane) and Senators Brown (Arnold), Bogue, Paisley, Rounds, and Whiting

A CONCURRENT RESOLUTION,  Urging the extension of South Dakota's pheasant hunting     season through December thirty-first.

     WHEREAS,  South Dakota's pheasant hunting resource and the quality of our pheasant hunting experience are unparalleled in the United States. South Dakota pheasant hunting is world famous; and

     WHEREAS,  pheasant hunting in South Dakota has provided enjoyment and tradition for families and friends for generations; and

     WHEREAS,  pheasant hunting offers tremendous economic opportunities for South Dakota communities, businesses, and landowners; and

     WHEREAS,  of the four major pheasant producing states; which include South Dakota, Iowa, Nebraska, and Kansas; South Dakota is the only state that does not extend its pheasant hunting season into January each year; and

     WHEREAS,  South Dakota's regular pheasant hunting season concludes each year in mid- December; and

     WHEREAS,  extending South Dakota's regular pheasant season would benefit South Dakota hunters, businesses, communities, and landowners and would not do biological harm to the pheasant population:

     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 the Game, Fish and Parks Commission and the Department of Game, Fish and Parks to extend South Dakota's regular pheasant hunting season through December thirty-first annually.

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Health and Human Services on HB 1028 as found on page 242 of the House Journal; also

     State Affairs on HB 1164 as found on pages 242 and 243 of the House Journal; also
     Transportation on HB 1155 as found on pages 250 and 251 of the House Journal; also

     Judiciary on HB 1128 as found on pages 251 and 252 of the House Journal; also

     Judiciary on HB 1137 as found on page 252 of the House Journal; also

     Judiciary on HB 1167 as found on page 252 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1017:   FOR AN ACT ENTITLED, An Act to   revise certain child welfare agency licenses.

     Was read the second time.

     The question being "Shall HB 1017 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; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
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 1123:   FOR AN ACT ENTITLED, An Act to   revise who may administer oaths and take proof or acknowledgment.

     Was read the second time.

     The question being "Shall HB 1123 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; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
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.

     SB 43:   FOR AN ACT ENTITLED, An Act to   schedule certain controlled substances and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 43 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; 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; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Napoli

     Excused were:
Wetz

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1081:   FOR AN ACT ENTITLED, An Act to   allow equitable relief if certain public contracts are found void.

     Was read the second time.

     Rep. Richard Brown moved that HB 1081 be deferred until Monday, January 31st, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1106:   FOR AN ACT ENTITLED, An Act to   provide for an early presidential primary.

     Was read the second time.

1106fb

     Rep. Peterson moved that HB 1106 be amended as follows:

     On page 3 , delete line 25 of the House State Affairs committee engrossed bill , and insert:

"      Section 7. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as follows:

     Each county auditor shall submit an estimate by December first in the year preceding the presidential primary to the state auditor for the cost of conducting a presidential primary. The state auditor shall issue a warrant for payment to be made from funds appropriated for that purpose by December thirty-first. The amount of the payment shall be one hundred ten percent of the cost estimate submitted by the county. After the cost of the presidential primary has been paid, the county shall remit any remaining balance to the state within sixty days of the election. If the county incurred a cost above the amount provided by the state, the county shall submit a statement requesting additional funds and the state shall issue a warrant for payment within sixty days after the statement has been received. "

     On page 4 , delete lines 1 to 3 , inclusive .

     Which motion prevailed and HB 1106 was so amended.

     The question being "Shall HB 1106 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 43, Excused 1, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Fryslie; Heineman; Hennies; Jaspers; Koehn; Konold; Koskan; McCoy; Napoli; Peterson; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wilson; Young

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Earley; Engbrecht; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wudel; Speaker Hunt

     Excused were:
Wetz

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

     HB 1119:   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 second time.

     The question being "Shall HB 1119 pass as amended?"

     And the roll being called:

     Yeas 9, Nays 57, Excused 1, Absent and Not Voting 3

     Yeas were:
Burg; Eccarius; Fitzgerald; Klaudt; Koskan; Monroe; Napoli; Solum; Volesky

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

     Excused were:
Wetz

     Absent and Not Voting were:
Lockner; Weber; Wilson

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

     HB 1096:   FOR AN ACT ENTITLED, An Act to   assign liability for certain attempts to prevent or delay the control or eradication of weeds and pests.

     Was read the second time.

     Rep. Brooks moved that HB 1096 be deferred until Monday, January 31st, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

    HB 1092:   FOR AN ACT ENTITLED, An Act to   provide for the regulation of home inspectors.

    Was read the second time.

     Rep. Konold moved that HB 1092 be deferred until Friday, January 28th, the 14th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1071:   FOR AN ACT ENTITLED, An Act to   provide for the disposition of certain abandoned, lost, or confiscated bicycles.

     Was read the second time.

     The question being "Shall HB 1071 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); 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; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Cutler

     Excused were:
Duenwald; 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 1036:   FOR AN ACT ENTITLED, An Act to   to revise certain provisions pertaining to persons with mental illness.

     Was read the second time.

     The question being "Shall HB 1036 pass?"

     And the roll being called:

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

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

     Excused were:
Duenwald; Wetz

     Absent and Not Voting were:
Hagen; Koetzle; Munson (Donald); 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 1124:   FOR AN ACT ENTITLED, An Act to   regulate motor vehicle fuel containing methyl tertiary butyl ether.

     Was read the second time.

1124x

     Rep. Nachtigal moved that HB 1124 be amended as follows:

     On page 1 , line 6 of the printed bill , delete " two " and insert " one " .

     The question being on Rep. Nachtigal's motion that HB 1124 be amended.

    A roll call vote was requested and the Speaker ruled that the request was supported.

     And the roll being called:

     Yeas 31, Nays 37, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson

     Nays were:
Brooks; Brown (Richard); Cutler; Derby; Diedrich (Larry); Duniphan; Earley; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Wudel; Young; Speaker Hunt

     Excused were:
Clark; Wetz

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

     The question being "Shall HB 1124 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; 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; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Clark; 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 1165:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of bigamy.

     Was read the second time.

     The question being "Shall HB 1165 pass?"

     And the roll being called:

     Yeas 56, Nays 8, Excused 3, Absent and Not Voting 3

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

     Nays were:
Brooks; Earley; Fiegen; Heineman; Juhnke; Koskan; Young; Speaker Hunt

     Excused were:
Clark; Smidt; Wetz

     Absent and Not Voting were:
Diedrich (Larry); Michels; Wilson

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

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

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

     Rep. Apa moved that HB 1180 be deferred until Friday, January 28th, the 14th legislative day.

     Which motion prevailed and the bill was so deferred.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 44:   FOR AN ACT ENTITLED, An Act to   authorize the Transportation Commission to promulgate administrative rules regarding access to state highways.

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

     SB 75:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the South Dakota Insurance Guaranty Association.

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

     SB 97:   FOR AN ACT ENTITLED, An Act to   revise the definition of indigent by design for purposes of county poor relief.

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

     SB 98:   FOR AN ACT ENTITLED, An Act to   revise the method of taxing a leased motor vehicle.

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

     SB 99:   FOR AN ACT ENTITLED, An Act to   revise the definition of rental vehicle for the purposes of implementing the excise tax on motor vehicles.

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


     SB 103:   FOR AN ACT ENTITLED, An Act to   revise the process and requirements for changing the form of municipal government.

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

     SB 153:   FOR AN ACT ENTITLED, An Act to   restrict the effect of certain provisions relating to the illegal sale of alcoholic beverages to underage persons.

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

     SB 154:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to notice to parties in estate litigation.

     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 1019, 1020, and 1033 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1019: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to workers' compensation managed care plans.

     HB 1020: FOR AN ACT ENTITLED, An Act to  change the procedure in which certain industry classification codes are assigned to employers for the purposes of unemployment compensation.

     HB 1033: FOR AN ACT ENTITLED, An Act to  define blanket insurance as group health insurance and to clarify the applicability of certain statutes to blanket policies.

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

     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.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1007   Introduced by:  Representatives Young, Apa, Broderick, Brown (Richard), Burg, Cerny, Chicoine, Clark, Derby, Duenwald, Duniphan, Earley, Engbrecht, Fiegen, Fitzgerald, Fryslie, Garnos, Hagen, Haley, Hanson, Heineman, Hennies, Hunt, Jaspers, Juhnke, Kazmerzak, Klaudt, Koetzle, Konold, Kooistra, Koskan, Lintz, Lockner, Lucas, McCoy, McIntyre, McNenny, Michels, Monroe, Nachtigal, Napoli, Peterson, Putnam, Richter, Roe, Sebert, Slaughter, Smidt, Solum, Sutton (Daniel), Sutton (Duane), Volesky, Waltman, Weber, Wetz, Wilson, and Wudel and Senators Benson, Albers, Bogue, Brosz, Brown (Arnold), Daugaard, Dennert, Drake, Dunn (Jim), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore, Olson, Paisley, Reedy, Rounds, Shoener, Symens, Valandra, Vitter, and Whiting

A LEGISLATIVE COMMEMORATION,  Recognizing and commending Boy Scout Day on     February 8, 2000, in South Dakota.

     WHEREAS,  February 8, 2000, will be the ninetieth anniversary of Boy Scouts in America and the seventieth anniversary of the Black Hills Area Council in Rapid City; and

     WHEREAS,  Boy Scouts of America is one of the oldest and largest youth serving organizations in America with four million members scouting nationwide; and

     WHEREAS,  with 15,500 boy scouts from South Dakota, scouting tries to instill the principles of a strong community and moral values in our youth, along with character development, citizenship training, and personal fitness and responsibilities:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that the Legislature commends the Boy Scouts of America and their outstanding character and leadership skills by designating February 8, 2000, as Boy Scout Day in South Dakota.

     Rep. Fiegen moved that the House do now adjourn, which motion prevailed, and at 4:20 p.m. the House adjourned.

Karen Gerdes, Chief Clerk