JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 31, 2000

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by House page Greg Lee.

     Roll Call: All members present except Rep. Fiegen 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 fourteenth 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.
COMMUNICATIONS AND PETITIONS


January 31, 2000

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1011, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1099 and 1309 and returns the same with the recommendation that said bills do pass.


Respectfully submitted,
Kristie K. Fiegen, Chair


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1174, 1192, 1216, and 1238 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1187 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 SB 21 and returns the same with the recommendation that said bill be amended as follows:

21ra
     On page 1 , line 8 of the Senate engrossed bill , delete " For those registered offenders convicted of rape in the first " .

     On page 1 , line 9 , delete " degree or criminal pedophilia, the " and insert " The " .

     On page 1 , delete lines 12 to 17 , inclusive .

     On page 2 , delete lines 1 to 5 , inclusive .


     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 1098 and 1186 and HJR 1005 which were deferred to the 36th legislative day.


Respectfully submitted,
Jarvis W. Brown, Chair



Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1241 and returns the same with the recommendation that said bill be amended as follows:

1241tc

     On page 3 , line 6 of the printed bill , delete " five " and insert " sixty-six " .

     On page 3 , line 7 , delete " and adjusted for large school " .

     On page 3 , line 8 , delete " districts " .

     On page 3 , line 8 , after " 2000. " insert " No voucher school may have an adjusted general enrollment average daily membership greater than its average daily membership. " .

     On page 3 , line 12 , after " of the voucher " insert " in twelve monthly payments over the next fiscal year " .

     On page 5 , line 21 , delete " fail to exceed " and insert " are not in the highest twenty-five percent of the academic achievement test scores for schools in South Dakota " .

     On page 5 , line 22 , delete " national averages for the test " .
     On page 5 , line 24 , after " school. " insert " No voucher school that has been denied voucher funding based on achievement test scores pursuant to this section may be reorganized under a different name solely for purposes of receiving voucher funding unless the department determines that a substantial change has occurred or will occur that is likely to improve the school's performance. The department shall promulgate rules pursuant to chapter 1-26 to establish methods for determining a voucher school's average academic achievement test scores and methods for comparison with test scores in other schools. The rules shall include criteria for granting a waiver, based on the composition or purposes of the school, from the revocation of a school's voucher funding and procedures required for requesting and obtaining a waiver. " .

     On page 7 , line 15 , delete " being home schooled " and insert " receiving alternative instruction " .

     On page 10 , line 6 , delete " Standards " and insert " Notwithstanding the provisions of § 13- 28-44, standards " .


     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 1265 and returns the same with the recommendation that said bill be amended as follows:

1265oa

     On page 2 , line 18 of the printed bill , delete " and adjusted for large school districts " .


     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 1290 and returns the same with the recommendation that said bill be amended as follows:

1290oa

     On page 2 , delete lines 6 to 12 of the printed bill , inclusive .

1290ob

     On page 1 , line 7 of the printed bill , overstrike " fifteen " and insert " nineteen " .

     On page 1 , line 8 , remove the overstrikes from " six " .
     On page 1 , line 8 , delete " four " .

     On page 1 , line 8 , remove the overstrikes from " seven " .

     On page 1 , line 8 , delete " five " .


1290oc

     On page 1 , line 10 of the printed bill , overstrike " and ex officio " .

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


1290od

     On page 1 , line 13 of the printed bill , overstrike " , including each ex officio " .

     On page 1 , line 14 , overstrike " member, " .

     On page 2 , line 4 , overstrike " , excepting ex " .

     On page 2 , line 5 , overstrike " officio " .

     On page 2 , line 5 , delete " members " .

     On page 2 , line 5 , overstrike " , " .



1290ota

     On page 1 , line 1 of the printed bill , delete " ex officio " .

     On page 1 , line 2 , delete " and to provide for the determination of the chair " .

     On page 1 , line 3 , delete " and vice chair " .


     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 1289 which was deferred to the 36th legislative day.


Respectfully submitted,
Steve Cutler, Chair



MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 and 2 which have been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 17, 19, 71, 78, 138, and 172 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1013, 1024, and 1027 which have passed the Senate without change.

Respectfully submitted,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Endorsing and supporting the equal pay for equal work law.

     Rep. Patterson moved that HCR 1002 as found on page 111 of the House Journal be adopted.

     The question being on Rep. Patterson's motion that HCR 1002 be adopted.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; 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; Young; Speaker Hunt

     Nays were:
Brown (Jarvis); Wudel

     Excused were:
Fiegen

     Absent and Not Voting were:
Crisp; Fischer-Clemens; Koskan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

     On Friday, Rep. Richard Brown announced his intention to reconsider the vote by which HB 1049 was lost.

     Rep. Richard Brown moved to reconsider the vote by which HB 1049 was lost.

     The question being on Rep. Richard Brown's motion to reconsider the vote by which HB 1049 was lost.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Derby; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Koetzle; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Monroe; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young; Speaker Hunt

     Nays were:
Cerny; Chicoine; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Fitzgerald; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz; Lockner; Munson (Donald); Nachtigal; Napoli; Richter; Wetz; Wudel

     Excused were:
Fiegen; McNenny

     Absent and Not Voting were:
Cutler

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1049 was up for reconsideration and final passage.

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

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

     The question being "Shall HB 1049 pass?"

     And the roll being called:

     Yeas 37, Nays 28, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Cutler; Derby; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Patterson; Peterson; Roe; Sebert; Smidt; Solum; Volesky; Waltman; Wilson

     Nays were:
Cerny; Chicoine; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Fitzgerald; Juhnke; Klaudt; Koehn; Koetzle; Koskan; Lintz; Lockner; Munson (Donald); Napoli; Pummel; Putnam; Richter; Slaughter; Sutton (Daniel); Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Fiegen; McNenny; Monroe; Nachtigal

     Absent and Not Voting were:
Jaspers

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

     SCR 1:   A CONCURRENT RESOLUTION,   Requesting the federal government to honor certain state meat inspections in interstate commerce.

     Was read the first time.

     SCR 2:   A CONCURRENT RESOLUTION,   Designating a portion of State Highway 115 as the POW/MIA Memorial Highway.

     Was read the first time.

    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 HCR 1003 and returns the same with the recommendation that said resolution be adopted.



Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1116 and returns the same with the recommendation that said bill be amended as follows:

1116fa

     On page 1 , line 7 of the printed bill , overstrike " Class 1 " and insert " Class 2 " .

     On page 1 , line 7 , overstrike " A second or subsequent violation of this section is a Class 6 felony. " .

     On page 1 , line 11 , delete everything after " a " and insert " Class 2 misdemeanor. " .

     On page 1 , delete line 12 .


     And that as so amended said bill do pass.

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


CONSIDERATION OF REPORTS OF COMMITTEES



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

     Commerce on HB 1030 as found on page 282 of the House Journal; also

     Commerce on HB 1127 as found on page 283 of the House Journal; also
     Commerce on HB 1190 as found on page 283 of the House Journal; also

     Judiciary on HB 1111 as found on page 284 of the House Journal; also

     Judiciary on HB 1142 as found on page 285 of the House Journal; also

     Judiciary on HB 1206 as found on pages 285 and 286 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


SECOND READING OF CONSENT CALENDAR ITEMS


HB 1228:   FOR AN ACT ENTITLED, An Act to   clarify the effect of student suspension or expulsion on transfers.

     Was read the second time.

     The question being "Shall HB 1228 pass as amended?"     

    And the roll being called:

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

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

     Excused were:
Fiegen; McNenny; Monroe

     Absent and Not Voting were:
Diedrich (Larry); Fitzgerald

     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 1198:   FOR AN ACT ENTITLED, An Act to   revise the definition of a material acquisition or disposition as it pertains to certain insurance disclosure requirements.

     Was read the second time.

     The question being "Shall HB 1198 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; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; 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; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Eccarius; Fiegen; McNenny

     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 1199:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to certain transactions between an insurer and an affiliate.

     Was read the second time.

     The question being "Shall HB 1199 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; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; 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; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Eccarius; Fiegen; McNenny

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

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

1061rk

     Rep. Hennies moved that HB 1061 be amended as follows:

     On page 2 , line 3 of the printed bill , delete " employee " and insert " services officer " .

     On page 2 , line 4 , delete " employee's " and insert " services officer's " .


1061ra

     Rep. Koehn moved as a substitute motion that HB 1061 be amended as follows:

     On page 1 , line 10 of the printed bill , overstrike " Attempts to cause or knowingly causes any bodily injury to a law enforcement officer " .

     On page 1 , line 11 , overstrike " or other public officer engaged in the performance of the officer's duties; " .

     On page 1 , line 16 , overstrike " Is a convicted person under the jurisdiction of the Department of Corrections and " .

     On page 1 , line 17 , overstrike " attempts to cause, or knowingly causes bodily injury to a Department of Corrections " .

     On page 2 , line 1 , overstrike " employee, or authorized visitor, volunteer, or person under contract assigned to the " .

     On page 2 , line 2 , overstrike " Department of Corrections; " .

     On page 2 , line 2 , delete " or " .

     On page 2 , delete lines 3 and 4 .

    A roll call vote was requested and not supported.

    Rep. Koehn's motion lost.

    The question being on Rep. Hennies' pending motion to amend HB 1061.

    Which motion prevailed and HB 1061 was so amended.

1061fa

     Rep. Nachtigal moved that HB 1061 be further amended as follows:

     On page 2 , line 3 of the printed bill , after " employee " delete " in the " and insert " , teachers, construction workers, foster parents, nurses, doctors, lawyers, county agents, building inspectors, ministers, game wardens, volunteer firefighters, and crossing guards and immediate family members thereof; " .

     On page 2 , delete line 4 .


     Which motion lost.

     The question being "Shall HB 1061 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 30, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fryslie; Hanson; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; McCoy; McIntyre; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wudel; Speaker Hunt

     Nays were:
Apa; Burg; Chicoine; Davis; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; Monroe; Nachtigal; Napoli; Patterson; Roe; Sutton (Daniel); Waltman; Weber; Wetz; Wilson; Young

     Excused were:
Fiegen; McNenny

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

1061rta     
    The question being on the title.
     Rep. Hennies moved that the title to HB 1061 be amended as follows:

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

     Which motion prevailed and the title was so amended.

    Speaker Pro tempore Eccarius now presiding.

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

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

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 41, Excused 2, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Richard); Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Heineman; Hennies; Jaspers; Konold; Kooistra; Lockner; Lucas; Michels; Monroe; Munson (Donald); Peterson; Putnam; Sebert; Slaughter; Smidt; Sutton (Daniel); Volesky; Young

     Nays were:
Apa; Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan; Lintz; McCoy; McIntyre; Nachtigal; Napoli; Patterson; Pummel; Richter; Roe; Solum; Sutton (Duane); Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Excused were:
Fiegen; McNenny

     Absent and Not Voting were:
Duenwald

     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.

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

     The question being "Shall HB 1096 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 3, 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; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Clark; Haley; Lucas; Michels; Roe; Wilson

     Excused were:
Fiegen; Koetzle; McNenny

     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 1193:   FOR AN ACT ENTITLED, An Act to   clarify the authority of federally regulated charter bus service operators to provide charter bus services to schools.

     Was read the second time.

     The question being "Shall HB 1193 pass?"

     And the roll being called:

     Yeas 62, Nays 2, Excused 3, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); 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:
Derby; Klaudt

     Excused were:
Fiegen; Koetzle; McNenny

     Absent and Not Voting were:
Cerny; Diedtrich (Elmer); Nachtigal

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

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

1092jd

     Rep. Konold moved that HB 1092 be amended as follows:

     On page 3 , line 3 of the House Commerce committee engrossed bill , delete " four " and insert " two " .

     On page 3 , line 3 , delete " two " and insert " one " .


     Which motion prevailed and HB 1092 was so amended.

     The question being "Shall HB 1092 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 17, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Koetzle; Konold; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

     Nays were:
Apa; Cerny; Cutler; Diedrich (Larry); Fitzgerald; Jaspers; Juhnke; Klaudt; Koehn; Kooistra; Koskan; Lockner; Monroe; Napoli; Putnam; Young; Speaker Hunt

     Excused were:
Fiegen; McNenny

     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.

     HB 1164:   FOR AN ACT ENTITLED, An Act to   limit nonresident political contributions under certain circumstances.

     Was read the second time.

1164xa

     Rep. Hunt moved that HB 1164 be amended as follows:

     On page 1 , line 15 of the House State Affairs committee engrossed bill , after " from " insert " individual " .


1164sa

     Rep. Volesky moved as a substitute motion that HB 1164 be amended as follows:

     On page 1 , after line 15 of the House State Affairs committee engrossed bill , insert:

"     Section 3. That § 12-25-1 be amended to read as follows:

     12-25-1.   Terms used in § §   12-25-1 to 12-25-26, inclusive, mean:

             (1)      "Ballot question committee," any two or more people who cooperate for the purpose of raising, collecting , or disbursing money for the adoption or defeat of any question submitted to the voters at any election;

             (2)      "Candidate for election," any person who has qualified through nomination in a primary election, nomination at a party convention , or by filing a petition as an independent candidate for the general election;

             (3)      "Candidate for nomination," any person who has filed a nominating petition for office at any primary election;

             (4)      "Candidate's committee," any two or more people who cooperate for the purpose of raising, collecting , or disbursing money to secure the nomination or election of a person to public office;

             (4A)    "Cash," any currency, money order, traveler's check, or other negotiable instrument that does not disclose on its face the true name of the contributor;

             (5)      "Contributions," any valuable consideration , including cash, in whatever form received by any candidate, candidate's committee, incumbent, political party committee, ballot question committee , or political action committee;

             (6)      "Contributions in behalf of an individual candidate," do not include costs incurred without the request or consent of the candidate or his the candidate's agent;

             (7)      "Election expenses," all expenditures of money or other valuable thing in furtherance of the nomination of any person as a candidate for public office, or in furtherance of the election of any person to public office, or to defeat the nomination or election to public office of any person, or in furtherance of or to defeat any constitutional amendment, initiated measure, referred law, or other question submitted to the voters of the whole state;

             (7A)    "Personal use," any expense or use that is not directly connected with the performance of duties or activities as a candidate or public office holder;

             (8)      "Political action committee," any two or more people who cooperate for the purpose of raising, collecting , or disbursing money to influence the outcome of an election and who are not candidates for nomination, candidates for election, a political party , or a candidate's committee;

             (9)      "Political party committee," the state and county central committees of any political party qualified to participate in a primary election, and any auxiliary organizations of such political party committees;

             (10)      "Public office," every public office to which a person can be elected by vote of the people under the laws of this state; and
             (11)      "State office," the offices of Governor, lieutenant governor, secretary of state, attorney general, state auditor, state treasurer, commissioner of school and public lands , and public utilities commissioner.

     Section 4. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

     No candidate or former candidate for state office or for the Legislature, incumbent in such office, or candidate's committee for such office may convert contributions, including any funds that are received from political parties, political action committees, or party committees, or any interest or other income earned on the contributions to personal use. "

    A roll call vote was requested and supported.

    The question being on Rep. Volesky's substitute motion to amend HB 1164.

     And the roll being called:

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

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

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

     Excused were:
Fiegen; McNenny

     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 on Rep. Hunt's pending motion to amend HB 1164.

    Which motion prevailed and HB 1164 was so amended

1164ra

     Rep. Lucas moved that HB 1164 be further amended as follows:

     On page 1 , after line 15 of the House State Affairs committee engrossed bill , insert:

"     Section 3. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

     In a year in which an election is held for an office sought by a candidate, no expenditure may be made by the candidate's committee, nor any approved expenditure made on behalf of that candidate which expenditures and approved expenditures result in an aggregate amount in excess of the following:

             (1)    For Governor and Lieutenant Governor, running together, five hundred thousand dollars;

             (2)    For other state offices, two hundred thousand dollars;

             (3)    For legislative office, ten thousand dollars.

     Section 4. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

     In a year in which an election is held for an office sought by a candidate, in addition to the expenditure limits established by section 3 of this Act, a candidate may use in-kind contributions which may not exceed the following:

             (1)    For Governor and Lieutenant Governor, running together, two hundred thousand dollars;

             (2)    For other state offices, eighty thousand dollars;

             (3)    For legislative office, four thousand dollars.

     Section 5. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, the term, in-kind contribution, means any contribution of personalty or personal services, including professional services but not including those personal services exempted under §  12-25-12. The term includes polling services, mailing services, mailing list services, postage, printing, and advertising. An in-kind contribution shall be valued at its fair market value as of the date of contribution.

     Section 6. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

     If a candidate for state office exceeds the limits imposed by this Act, the candidate shall notify the secretary of state who shall advertise that fact in three newspapers of general circulation in different parts of the state at least two days before the election. If a candidate for legislative office exceeds the limits imposed by this Act, the candidate shall notify the secretary of state, who shall advertise that fact in at least two newspapers of general circulation in the candidate's legislative district at least two days before the election. "
    A roll call vote was requested and supported.

    The question being on Rep. Lucas' motion to further amend HB 1164.

     And the roll being called:

     Yeas 20, Nays 47, Excused 3, Absent and Not Voting 0

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

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

     Excused were:
Fiegen; McNenny; Smidt

     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 1164 pass as amended?"

     And the roll being called:

     Yeas 13, Nays 54, Excused 3, Absent and Not Voting 0

     Yeas were:
Broderick; Engbrecht; Fitzgerald; Hennies; Kazmerzak; Koehn; Monroe; Pummel; Richter; Slaughter; Volesky; Wilson; Speaker Hunt

     Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Jaspers; Juhnke; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wudel; Young

     Excused were:
Fiegen; McNenny; Smidt

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

     HB 1155:   FOR AN ACT ENTITLED, An Act to   exempt certain not for hire livestock hauling activities from certain motor carrier and commercial vehicle requirements.

     Was read the second time.

     The question being "Shall HB 1155 pass as amended?"

     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; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; 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; 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

     Excused were:
Fiegen; Michels

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

     Rep. Cutler moved that HB 1076, 1108, 1150, 1236, 1156, 1112, 1144, and 1195 be deferred until Tuesday, February 1st, the 16th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 17:   FOR AN ACT ENTITLED, An Act to   remove the Aberdeen ambulance attendants as Class B members of the South Dakota Retirement System.

     Was read the first time.

     SB 19:   FOR AN ACT ENTITLED, An Act to   provide benefit improvements for the members of the South Dakota Retirement System.

     Was read the first time.

     SB 71:   FOR AN ACT ENTITLED, An Act to   remove certain restrictions relating to the use of school buses.

     Was read the first time.

     SB 78:   FOR AN ACT ENTITLED, An Act to   regulate the transfer, assignment, or sale of a motor vehicle franchise agreement or controlling interest in a motor vehicle dealership.

     Was read the first time.

     SB 138:   FOR AN ACT ENTITLED, An Act to   prohibit the use of motor vehicles for hunting, fishing, or trapping purposes on certain school and public lands.

     Was read the first time.

     SB 172:   FOR AN ACT ENTITLED, An Act to   define long-term substitute teachers and to require certain reporting on the use of long-term substitute teachers.

     Was read the first time.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1013, 1024, and 1027 and finds the same correctly enrolled.


Also MR. SPEAKER:

    
The Committee on Legislative Procedure respectfully reports that HB 1019, 1020, 1032, 1033, 1034, 1039, and 1041 were delivered to his Excellency, the Governor, for his approval at 8:52 a.m., January 31, 2000.

Respectfully submitted,
Roger W. Hunt, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1013: FOR AN ACT ENTITLED, An Act to  allow postsecondary technical institutes to refer debt collection to the Bureau of Administration.

     HB 1024: FOR AN ACT ENTITLED, An Act to  revise certain boating and snowmobile accident reporting procedures.

     HB 1027: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the nursing facility administrator licensure renewal and to provide for the reactivation of inactive license status.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1008   Introduced by:  Representatives Weber, Brown (Jarvis), Brown (Richard), Cerny, Chicoine, Crisp, Engbrecht, Fryslie, Hanson, Kazmerzak, Koehn, Kooistra, Lintz, McIntyre, Michels, Nachtigal, Solum, and Waltman and Senators Lange, Dennert, Duxbury, Flowers, Hutmacher, Kleven, Kloucek, Lawler, Moore, Olson, Reedy, and Staggers

A LEGISLATIVE COMMEMORATION,  Congratulating the Weber families on 452 years of     married life.

     WHEREAS,  the nine brothers of the Weber family of northeastern South Dakota, one of whom is Representative Robert Weber, have, as a group, been married for a total of 452 years, and six of the brothers have been married for more than fifty years; and

     WHEREAS,  the Weber brothers are the sons of the late John and Rosa Weber, and all were born on the same farm north of Goodwin, South Dakota, which was homesteaded by their grandfather and has been in the family ever since; and

     WHEREAS,  the Weber brothers and their wives and wedding dates are: John and Loretta, 1939; Nick and Luvilla, 1941; Ambrose and Velma, 1941; Bob and Shirley, 1948; Albert and Shirley, 1949; Merle and Rita, 1949; Eldon and Margie, 1952; Roy and Katie, 1954; and Joe and Bernitta, 1964:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that brothers of the Weber family and their wives be congratulated on their years of marriage and commended for their efforts on behalf of their families and for their devotion to family and family values.
     Rep. Duane Sutton moved that the House do now adjourn, which motion prevailed, and at 4:51 p.m. the House adjourned.

Karen Gerdes, Chief Clerk