JOURNAL OF THE HOUSE

---

TWENTY-FIRST DAY

---

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 8, 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 Marci Medalen.

     Roll Call: All members present except Reps. Crisp and Solum who were excused.

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 twentieth 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.

---

     The Speaker introduced Lori Cowan, Miss South Dakota Stockgrower from Pierre, South Dakota. She is from District 24, represented by Reps. Monroe and Garnos.

MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1287 which was tabled.

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

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1056 and returns the same with the recommendation that said bill be amended as follows:

1056PA

     On page 1 , after line 14 of the printed bill , insert:

"     Section 2. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as follows:

    In order for a postsecondary education program to be an approved work activity in a participant's personal responsibility agreement, the participant shall provide documentation that:

            

             (1)    Identifies specific goals that can only be met with additional education or training;

    (2)    There are suitable employment opportunities that require the specific education or         training in the area in which the participant resides or is willing to reside; and

    (3)    The participant can meet the requirements for admission into the program.

    An approved education program under this section shall require the participant to be enrolled full-time, defined as a minimum of twelve student credit hours per semester, and complete thirty or more student credit hours per year. No participant may be approved for more than twenty-four months of postsecondary education or training. "

---

1056td

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

"      Section  1.  That chapter 28-7A be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Social Services shall implement a workforce development initiative program, whereby family subsistence grants shall be made to persons in full-time postsecondary educational programs at institutions accredited by the North Central Association of Colleges and Secondary Schools on the same basis as Temporary Assistance for Needy Families payments. The purpose of the workforce development initiative is to raise the skill and education level of South Dakota's workforce by assisting families while a parent receives education or training necessary to qualify for family-sustaining work. The department shall utilize maintenance of effort funds to support this program. Any person participating in the workforce development initiative shall receive credit for work participation based on the number of regularly scheduled credit hours taken per week against the required work hours per week.

     Section  2.  That chapter 28-7A be amended by adding thereto a NEW SECTION to read as follows:

     In order for a postsecondary education program to be an approved work activity in a participant's personal responsibility agreement, the participant shall provide documentation that:

             (1)    Identifies specific goals that can only be met with additional education or training;

             (2)    There are suitable employment opportunities that require the specific education or training in the area in which the participant resides or is willing to reside; and

             (3)    The participant can meet the requirements for admission into the program.

    An approved education program under this section shall require the participant to be enrolled full-time, defined as a minimum of twelve student credit hours per semester, and complete thirty or more student credit hours per year. No participant may be approved for more than twenty-four months of postsecondary education or training.

     Section  3.  That chapter 28-7A be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Social Services may establish or limit the number of participants in the workforce development initiative so as to meet requirements under the Temporary Assistance for Needy Families program related to workforce characteristics and composition. "

     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 1057 and returns the same with the recommendation that said bill be amended as follows:

1057za

     On page 2 , line 4 of the printed bill , delete " located in South " .

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

     On page 2 , line 6 , delete " to offer " and insert " offering " .

     On page 3 , line 4 , after " plan " insert " or select an administrator " .

     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 1070 and returns the same with the recommendation that said bill be amended as follows:

1070za

     On page 1 , line 6 of the printed bill , before " tuition " insert " undergraduate " .

     On page 1 , line 9 , after " Service. " insert " This section does not apply to any person enrolled at an institution of higher education under the control of the board on July 1, 2000. "

1070oa

     On page 1 , line 8 of the printed bill , delete " twenty-six (26) " and insert " twenty-seven (27) " .

     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 1176 and returns the same with the recommendation that said bill be amended as follows:

1176oa

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

---

"     Section 1. The Department of Health shall promulgate rules pursuant to chapter 1-26, to protect the privacy of personally identifiable health care and medical information, data, and records, including the genetic privacy of human embryos. The rules may include the following:

             (1)    Definition of terms;

             (2)    Standards for the protection of the privacy and confidentiality of personally identifiable health care information and medical records of humans and human embryos;

             (3)    Rules for the collection, use, storage, security, distribution, disclosure, release, and disposal of health care and medical information, data, and records in all forms, including printed material, plastic media, audio, video, computerized and electronic transmissions;

             (4)    Rules regarding the sale and exchange of health care and medical information, data, and records;

             (5)    Rules to define the responsibilities and limitations of those needing or requiring access to health care and medical information, data, and records;

             (6)    Procedures and documents required for the release or transfer of health care and medical information, data and records, including the identity of who may release such information and records and under what conditions and provisions of the law, as needed to protect the privacy of personally identifiable health care and medical information, data, and records;

             (7)    Rules for the collection, use, storage, disclosure, security, distribution, release, and disposal of health care information and medical records collected, obtained, used or held by any legal entity subject to the jurisdiction of the Department of Health. "

1176ob

     In the first sentence of the previous amendment (1176oa) delete "including the genetic privacy of human embryos" and insert "including genetic privacy".

     In subdivision (2) delete "and human embryos".

     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 1314 and returns the same without recommendation.

---

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1173 which was tabled.

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1131, 1162, and 1225 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1300 and returns the same with the recommendation that said bill be amended as follows:

1300ta

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

"      Section  4.  That chapter 1-41 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created within the Department of Agriculture the office of agricultural policy. The office is responsible for researching and developing factual information on issues affecting the State of South Dakota and its agricultural industry. The office may develop briefing documents, policy statements, and other informational documents for the secretary of agriculture and the Governor on a variety of subjects, including:

             (1)    Federal legislative or regulatory issues;

             (2)    United States Department of Agriculture programs and policies;

             (3)    International trade and trade relations;

             (4)    Wetlands issues;

             (5)    Forestry and timber cutting issues;

             (6)    Endangered species issues;

             (7)    Railroad issues;

             (8)    Landowner rights issues;

---

             (9)    Animal depredation issues;

             (10)    Weed and pest control issues;

             (11)    Wilderness designation and development areas;

             (12)    Food quality, quantity, and protection issues;

             (13)    Environmental management issues;

             (14)    Wildland fire policy issues; and

             (15)    Any other issue or problem designated by the secretary or the Governor. "

1300tta

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " create an office of agricultural policy. " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1301 and returns the same with the recommendation that said bill be amended as follows:

1301rb

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

" Section 1. That § 43-17-2 be amended to read as follows:

     43-17-2.   Unless the grant under which the land is held indicates a different intent, the owner of the upland, if it borders upon a navigable meandered lake or navigable stream, takes to the edge of the lake or stream at low water mark. All navigable rivers streams and meandered lakes are public highways within fifty feet landward from the water's nearest edge , provided that . However, the outer boundary of such public highway may not expand beyond the ordinary high water mark and may not contract within the ordinary low water mark, and subject to the provisions of § §  43-17-29, 43-17-31, 43-17-32 , and 43-17-33.

     Section 2. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:

     There is no public right to or interest in any unmeandered lake or any unnavigable stream. All rights and interests vest with the owner of the land beneath any unmeandered lake or unnavigable stream.

---

     Section 3. That § 43-17-29 be amended to read as follows:

     43-17-29.   If any the water level rises above the ordinary high water mark of a navigable meandered lake, the right of the public to the enjoyment of the entire lake may is not be limited , except that . However, the public may only access to the lake shall be by public right-of-way or by permission of the riparian landowner and is subject to the provisions of § §  43-17-2, 43-17-31, 43-17-32 , and 43-17-33.

     Section 4. That § 43-17-31 be amended to read as follows:

     43-17-31.   The provisions of § §  43-17-2 and 43-17-29 notwithstanding, any landowner may deny public access to his taxable private real property, including inundated property , if such property has been inundated for a period of at least three years, borders the water's edge , and lies above the ordinary high water mark of a navigable meandered lake that includes at least five thousand acres of inundated land in private ownership. A landowner who chooses to deny access to his inundated lake property pursuant to this section shall request the Department of Game, Fish and Parks to mark the boundaries of the affected property , ; and the department shall, upon request, clearly mark the restricted area so that the markings are plainly visible and understandable to a user anyone interested in the use of the lake. This section does not apply to public highways that are maintained for use by motor vehicles.

     Section 5. That § 43-17-32 be amended to read as follows:

     43-17-32.   Any landowner may deny a state agency the use of his taxable private real property, including inundated property , if such property has been inundated for a period of at least three years, borders the water's edge , and lies above the ordinary high water mark of a navigable meandered lake that includes at least five thousand acres of inundated land in private ownership. Any state agency may allow public access for stated purposes to taxable private real property if the landowner has given his permission for such access and use and if all taxes paid by the landowner on the property for the period in which the property is open to public use are reimbursed by the state agency. This section does not apply to public highways that are maintained for use by motor vehicles.

     Section 6. That chapter 43-17 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this chapter, a lake is meandered if, during the survey of this state, undertaken by the federal government for purposes of platting out the sections of land available for sale and use, the lake's existence was indicated on the survey maps by a meander line to delineate the sinuosities of the banks of the lake. "

1301tta

     On page 1 , line 1 of the printed bill , delete everything after " revise " and insert " certain provisions related to meandered and unmeandered lakes. " .

     And that as so amended said bill do pass.

---

Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1242, 1267, and 1295 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill be amended as follows:

1255ca

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

     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 1315 and returns the same with the recommendation that said bill be amended as follows:

1315ca

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

"      Section  5.  That § 13-37-13 be amended to read as follows:

     13-37-13.   Neither the The secretary of the Department of Education and Cultural Affairs , nor or any school district shall may expend any public funds under the provisions of this chapter for the education of children in need enrolled in any state-owned institution, except for including transportation as provided in §   13-37-8.9. The provisions of this chapter may apply to approved programs and services provided by state universities and colleges, and for assignment to institutions outside of South Dakota for services not available within the state. "

1315cta

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " authorize use of special education funds for initiatives at the South Dakota School for the Blind and the Visually Impaired and the South Dakota School for the Deaf. " .

     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 1251 and returns the same with the recommendation that said bill be amended as follows:

1251ca

     On page 1 , line 9 of the printed bill , delete everything after " course. " .

     And returns the same without recommendation as amended.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1008, 1088, 1091, 1281, and 1294 which were tabled.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1269 and 1316, which were reconsidered, and HB 1051 which were deferred to the 36th legislative day.

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

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1275 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1232 and 1276 which were tabled.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1274 which was deferred to the 36th legislative day.

Respectfully submitted,
Robert A. Roe, Chair

---

MR. SPEAKER:

    I have the honor to return herewith HB 1074 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 4 and 5 which have been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 96, 170, 192, 193, 197, and 202 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

     Rep. Duniphan moved that the House do concur in Senate amendments to HB 1086.

     The question being on Rep. Duniphan's motion that the House do concur in Senate amendments to HB 1086.

     And the roll being called:

     Yeas 63, Nays 2, Excused 2, Absent and Not Voting 3

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

     Nays were:
Chicoine; Wilson

---

     Excused were:
Crisp; Solum

     Absent and Not Voting were:
Hagen; Klaudt; Koehn

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     HCR 1011:   A CONCURRENT RESOLUTION,   Calling upon the federal government to take responsibility for long-term health care on Indian reservations and to implement a pilot project in South Dakota.

     Rep. Peterson moved that HCR 1011 as found on page 386 of the House Journal be adopted.

     The question being on Rep. Peterson's motion that HCR 1011 be adopted.

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

     Excused were:
Crisp; Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

     Yesterday, Rep. Fiegen announced her intention to reconsider the vote by which HB 1317 was lost.

     Rep. Kooistra moved to reconsider the vote by which HB 1317 was lost.

     The question being on Rep. Kooistra's motion to reconsider the vote by which HB 1317 was lost.

---

     And the roll being called:

     Yeas 30, Nays 36, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Derby; Diedtrich (Elmer); Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Heineman; Hennies; Kazmerzak; Koehn; Konold; Kooistra; McIntyre; Michels; Munson (Donald); Peterson; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Wilson

     Nays were:
Burg; Cerny; Cutler; Davis; Diedrich (Larry); Duenwald; Duniphan; Fryslie; Garnos; Haley; Hanson; Jaspers; Juhnke; Klaudt; Koetzle; Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Monroe; Nachtigal; Napoli; Patterson; Pummel; Putnam; Slaughter; Smidt; Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Crisp; Earley; Solum

     Absent and Not Voting were:
Hagen

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

     Yesterday, Rep. Apa announced his intention to reconsider the vote by which HB 1069 was lost.

     Rep. Apa moved to reconsider the vote by which HB 1069 was lost.

     The question being on Rep. Apa's motion to reconsider the vote by which HB 1069 was lost.

     And the roll being called:

     Yeas 35, Nays 32, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Derby; Diedtrich (Elmer); Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson

---

     Nays were:
Broderick; Brooks; Clark; Cutler; Diedrich (Larry); Duenwald; Duniphan; Eccarius; Fiegen; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Crisp; Solum

     Absent and Not Voting were:
Hagen

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

     Rep. Jaspers moved that the Committee on Commerce be instructed to deliver HB 1302 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion lost.

     HCR 1013   Introduced by:  Representatives McNenny, Brooks, Cerny, Cutler, Diedrich (Larry), Duenwald, Fryslie, Garnos, Jaspers, Klaudt, Koehn, Koskan, Lintz, Lockner, Nachtigal, Pummel, Putnam, Richter, Weber, and Wetz and Senators Bogue, Benson, Frederick, Ham, Kleven, and Symens

A CONCURRENT RESOLUTION,  Seeking increased federal funding for the state animal     damage control program.

     WHEREAS,  the stated goal of the Department of Game, Fish and Parks' Animal Damage Control (ADC) Program is to minimize wildlife damage to private and public land, domestic livestock and other vital agricultural interests using effective, socially acceptable, and biologically sound methods that provide for the health and welfare of wildlife resources and the citizens of this state; and

     WHEREAS,  the state ADC Program is recognized by many as one of the most efficient, responsive, and professional programs in existence; a program that has proudly served the citizens of South Dakota for more than a quarter century and upon which countless numbers of livestock producers depend to reduce livestock losses and safeguard their vital and often tenuous economic livelihood; and

     WHEREAS,  the United States Congress passed the 1931 Animal Damage Control Act which instructed the United States Department of Agriculture (USDA) to cooperate with the states in providing for the control of predatory animals; and

     WHEREAS,  the federal government in 1974, by virtue of a cooperative agreement, relinquished ADC Program services and subsequent program management responsibilities to

the South Dakota Department of Game, Fish and Parks. As part of that cooperative agreement, the federal government provided the department an annual grant-in-aid in the amount of $300,000 to bolster ADC Program services statewide. That amount was lowered to $298,000 in fiscal year 1998; and

     WHEREAS,  the federal grant-in-aid, while helpful, has remained static since its inception, failing even to account for simple inflation. This has placed an undue financial burden on the counties and sportsmen and women whose respective tax and game and fish license revenues account for the vast majority of ADC Program expenditures, estimated at $1.4 million in fiscal year 2000. In essence, the federal financial commitment has diminished proportionally over time while the demand for program services, and subsequent financial burden to the State of South Dakota and its counties, continues to rise; and

     WHEREAS,  the Department of Game, Fish and Parks has sought and received the support of the South Dakota congressional delegation who, on behalf of the citizens of South Dakota, have made several formal requests that USDA increase the amount of the federal grant-in-aid South Dakota currently receives for its ADC Program. USDA Secretary Dan Glickman has summarily denied these requests:

     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 wholeheartedly and steadfastly supports the professional services provided the citizens of South Dakota, agricultural producers in particular, by the Animal Damage Control Program. In order for the ADC Program to continue providing its high level of service, it is imperative that the funding source be made more secure. We join our legislative counterparts at the federal level and respectfully request the United States Department of Agriculture to increase the amount of South Dakota's federal grant-in-aid to a minimum of $500,000 annually and further request the amount be automatically adjusted in accordance with the previous year's estimated rate of inflation. We further believe the $500,000 amount is reasonable considering the state has received no increase in the federal grant-in-aid for over twenty-five years and that the State of South Dakota and its counties continue to provide the vast majority of operating revenue for the ADC Program.

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

     SCR 4:   A CONCURRENT RESOLUTION,   Requesting all South Dakota residents to be counted on April 1, 2000, for the 2000 Census.

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

     SCR 5:   A CONCURRENT RESOLUTION,   Expressing opposition to certain federal forestry policies and urging support of the Black Hills timber industry.

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

---

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

     Judiciary on HB 1306 as found on page 447 of the House Journal; also

     Transportation on HB 1214 as found on page 448 of the House Journal; also

     Transportation on HB 1226 as found on pages 448 and 449 of the House Journal; also
    
    Health and Human Services on HB 1268 as found on pages 449 and 450 of the House Journal; also

     Health and Human Services on HB 1282 as found on page 450 of the House Journal; also

     Health and Human Services on HB 1087 as found on page 450 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Volesky moved that HB 1087 be placed on the calendar of Wednesday, February 9th, the 22nd legislative day.

     The question being on Rep. Volesky's motion that HB 1087 be placed on the calendar of Wednesday, February 9th, the 22nd legislative day.

     And the roll being called:

     Yeas 29, Nays 37, Excused 4, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Davis; Engbrecht; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

     Nays were:
Broderick; Brooks; Brown (Jarvis); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Konold; Kooistra; Lintz; McNenny; Michels; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

     Excused were:
Apa; Crisp; Monroe; Solum

---

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

     Rep. Cutler moved that HB 1078, 1005, and 1006 be deferred until Thursday, February 10th, the 23rd legislative day.

     Which motion prevailed and the bills were so deferred.

     HB 1185:   FOR AN ACT ENTITLED, An Act to   allow the offer of an individual health benefit plan without certain mandates.

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

     Rep. Fiegen moved that HB 1185 be laid on the table.

     The question being on Rep. Fiegen's motion that HB 1185 be laid on the table.

     And the roll being called:

     Yeas 60, Nays 4, Excused 4, Absent and Not Voting 2

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

     Nays were:
Hanson; Koskan; McIntyre; Smidt

     Excused were:
Apa; Crisp; Monroe; Solum

     Absent and Not Voting were:
Nachtigal; Wilson

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1185 was laid on the table.

---

     HB 1257:   FOR AN ACT ENTITLED, An Act to   provide financial incentives for teachers who are nationally certified.

     Was read the second time.

     Rep. Kazmerzak moved that HB 1257 be placed to follow HB 1102 on today's calendar.

     Which motion lost.

1257fa

     Rep. Koskan moved that HB 1257 be amended as follows:

     On page 1 , after line 8 of the House Education committee engrossed bill , insert:

"     Section 2. The provisions of §  6-15-1 do not apply to this Act. "

     Which motion prevailed and HB 1257 was so amended.

1257x

     Rep. Kazmerzak moved that HB 1257 be further amended as follows:

     On page 1 , line 4 of the House Education committee engrossed bill , after " teacher " insert " and or counselor " .

     On page 1 , line 6 , after " teacher " insert " and or counselor " .

     On page 1 , line 7 , after " teacher " insert " and or counselor " .

     Which motion lost.

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Davis; Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Heineman; Hennies; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Patterson; Peterson; Pummel; Richter; Roe; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Speaker Hunt

---

     Nays were:
Apa; Cerny; Clark; Cutler; Derby; Diedrich (Larry); Duenwald; Earley; Fryslie; Hanson; Jaspers; Klaudt; Koskan; McNenny; Munson (Donald); Nachtigal; Napoli; Putnam; Sebert; Slaughter; Sutton (Duane); Wetz; Wudel; Young

     Excused were:
Crisp; Solum

     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 1102:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to insurance arbitration.

     Was read the second time.

1102jb

     Rep. Wilson moved that HB 1102 be amended as follows:

     On page 1 , line 9 of the House Commerce committee engrossed bill , delete " The parties to a dispute may agree in writing to arbitrate after " and insert " After " .

     On page 1 , line 11 , after " policy " insert " , the parties to a dispute may agree in writing to arbitrate " .

     Which motion prevailed and HB 1102 was so amended.

     The question being "Shall HB 1102 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 2, Absent and Not Voting 1

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

     Nays were:
Diedrich (Larry); Earley; Eccarius; Wetz; Speaker Hunt

---

     Excused were:
Crisp; Solum

     Absent and Not Voting were:
Duniphan

     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 1288:   FOR AN ACT ENTITLED, An Act to   permit tribal identification cards in lieu of other identification when applying for a driver's license.

     Was read the second time.

     The question being "Shall HB 1288 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 17, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Davis; Derby; Diedtrich (Elmer); Duenwald; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Richter; Roe; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Broderick; Diedrich (Larry); Duniphan; Earley; Fitzgerald; Heineman; Hennies; Jaspers; Klaudt; Konold; Lintz; Michels; Pummel; Sebert; Slaughter; Sutton (Duane); Young

     Excused were:
Brown (Jarvis); Crisp; Cutler; Eccarius; Solum

     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 1134:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the issuance of on-sale alcoholic beverage licenses within improvement districts.

     Was read the second time.

     The question being "Shall HB 1134 pass as amended?"

     And the roll being called:

---

     Yeas 55, Nays 11, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Konold; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Waltman; Wetz; Wilson; Wudel; Young

     Nays were:
Clark; Eccarius; Fitzgerald; Kazmerzak; Kooistra; Koskan; McCoy; Slaughter; Smidt; Weber; Speaker Hunt

     Excused were:
Crisp; Solum; Volesky

     Absent and Not Voting were:
Fiegen

     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 1237:   FOR AN ACT ENTITLED, An Act to   authorize additional licenses to sell alcoholic beverages in certain convention facilities in certain municipalities.

     Was read the second time.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fryslie; Garnos; Haley; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel; Young

     Nays were:
Cerny; Davis; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; Nachtigal; Slaughter; Smidt; Weber; Speaker Hunt

---

     Excused were:
Crisp; Solum

     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 1184:   FOR AN ACT ENTITLED, An Act to   provide immunity to members of county boards of mental illness.

     Was read the second time.

     The question being "Shall HB 1184 pass?"

     And the roll being called:

     Yeas 57, Nays 8, Excused 4, Absent and Not Voting 1

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

     Nays were:
Brooks; Duenwald; Fitzgerald; Haley; Lucas; Nachtigal; Patterson; Speaker Hunt

     Excused were:
Apa; Crisp; Koetzle; Solum

     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 1284:   FOR AN ACT ENTITLED, An Act to   include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

     Was read the second time.

     The question being "Shall HB 1284 pass?"

     And the roll being called:

---

     Yeas 55, Nays 3, Excused 5, Absent and Not Voting 7

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

     Nays were:
Haley; Koehn; Munson (Donald)

     Excused were:
Apa; Clark; Crisp; Koetzle; Solum

     Absent and Not Voting were:
Brown (Richard); Cutler; Eccarius; Jaspers; Koskan; McNenny; Roe

     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 1285:   FOR AN ACT ENTITLED, An Act to   clarify that a person arrested for the offenses of vehicular battery or vehicular homicide may be required to submit to a withdrawal of bodily substances for chemical analysis.

     Was read the second time.

     The question being "Shall HB 1285 pass?"

     And the roll being called:

     Yeas 54, Nays 10, Excused 5, Absent and Not Voting 1

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

     Nays were:
Cutler; Hagen; Haley; Koehn; Monroe; Munson (Donald); Nachtigal; Volesky; Waltman; Weber

---

     Excused were:
Apa; Crisp; Koetzle; McNenny; Solum

     Absent and Not Voting were:
Derby

     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 1053:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of optometry.

     Was read the second time.

     Rep. Monroe moved that HB 1053 be deferred until Wednesday, February 9th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     Speaker Pro tempore Eccarius now presiding.

     HB 1163:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the validity of marriages contracted outside this state.

     Was read the second time.

     The question being "Shall HB 1163 pass?"

     And the roll being called:

     Yeas 55, Nays 9, Excused 6, Absent and Not Voting 0

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

     Nays were:
Hagen; Haley; Lintz; Lockner; McIntyre; Nachtigal; Patterson; Waltman; Wudel

---

     Excused were:
Apa; Clark; Crisp; Davis; McNenny; Solum

     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 1249:   FOR AN ACT ENTITLED, An Act to   provide for the development and administration by the state of certain standardized academic achievement tests.

     Was read the second time.

1249oa

     Rep. Daniel Sutton moved that HB 1249 be amended as follows:

     On page 2 , line 24 of the House Education committee engrossed bill , delete everything after " Legislatures. " .

     On page 2 , delete line 25 .

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

1249cc

     Rep. Earley moved as a substitute motion that HB 1249 be amended as follows:

     On page 1 , line 6 of the House Education committee engrossed bill , after " . " insert " During or prior to the 2002-2003 school year, each school district shall administer a criterion-referenced test to all students in six grade levels determined by the Board of Education. " .

     On page 1 , line 10 , delete everything after " year. " .

     On page 1 , delete lines 11 to 15 , inclusive .

     Delete pages 2 and 3 .

    A roll call vote was requested and supported.

    
    The question being on Rep. Earley's substitute motion that HB 1249 be amended.

     And the roll being called:

---

     Yeas 39, Nays 26, Excused 3, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Konold; Kooistra; Koskan; Lintz; McCoy; Michels; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Nays were:
Brown (Jarvis); Burg; Cerny; Chicoine; Davis; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koetzle; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Patterson; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Excused were:
Crisp; McNenny; Solum

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

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1249 was so amended.

     The question being "Shall HB 1249 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent and Not Voting 0

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

     Nays were:
Apa; Duniphan; Klaudt; Koskan; Richter; Smidt; Speaker Hunt

     Excused were:
Crisp; McNenny; Solum

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

---

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

MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1139, 1222, and 1312 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1146 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 Taxation respectfully reports that it has had under consideration HB 1205, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1205fe

     Amend the amendment (1205fb) by making the following changes to sections 3 and 4.

In section 3:

    Delete " manufacturers statement of origin or a used mobile home accompanied with a ".

In section 4:

    Delete " accompanied by a manufacturers statement of origin and ".

1205ff

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

"      Section 1. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     Any transport of a used mobile home or manufactured home by a transporter shall be accompanied with a notification form, as prescribed by the secretary of revenue, stating the point of origin and the point of destination. The transporter shall provide a copy of the notification form to the director of equalization in the county of origin and the county of

destination. This section does not apply to any transport regulated under chapter 32-7A. A violation of this section is a Class 2 misdemeanor.

     Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     Any transport of a used mobile home or manufactured home by a transporter shall be accompanied with an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §  10-6-70 to 10-6-73, inclusive, or §  10-9-3. This section does not apply to any transport regulated under chapter 32-7A. A violation of this section is a Class 2 misdemeanor.

     Section 3. That § 32-5-16.3 be amended to read as follows:

     32-5-16.3.   Any person who moves a mobile home or manufactured home shall obtain a permit, as prescribed by the secretary of revenue, from the county treasurer where the home is located. The permit fee is valid for a single trip from the point of origin to a point of destination within the state. Before the county treasurer may issue a permit, the owner of the mobile home or manufactured home or regulated lender as defined in §  54-3-14 that is repossessing the mobile home or manufactured home shall obtain an affidavit , as prescribed by the secretary of revenue, from the county treasurer stating that the current year's taxes are paid as described in § §   10-6-70 to 10-6-72, inclusive, and §   10-6-73 or 10-9-3. The permit fee for mobile homes and manufactured homes for use on the public highways is fifteen dollars. The fees collected shall be credited to the license plate special revenue fund. The fee and permit imposed by this section does not apply to a new or used mobile home or manufactured home transported by a dealer licensed under chapter 32-7A. A violation of this section is a Class 2 misdemeanor.

     Section 4. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     If the owner of the used mobile home or manufactured home fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §  10-6-70 to 10-6-73, inclusive, or §  10-9-3, the court shall assess a civil penalty of two hundred fifty dollars to the owner. If a regulated lender, as defined in §  54-3-14, is repossessing a used mobile home or manufactured home and fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in § §  10-6-70 to 10-6-73, inclusive, or §  10-9-3, the court shall assess a civil penalty of two hundred fifty dollars to the lender. All civil penalties collected pursuant to this section shall be deposited in the county general fund of the county in which the used mobile home or manufactured home is registered. "

     And that as so amended said bill do pass.

---

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill be amended as follows:

1213fa

     On page 1 , between lines 10 and 11 of the printed bill , insert:

"      Section 2. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

     Any appeal made pursuant to section 1 of this Act does not prevent the application of the factor calculated by the secretary of revenue pursuant to §  10-13-37.1 pending exhaustion of all appeal rights of the parties to the appeal. If the factor calculated by the secretary of revenue is revised on appeal, appropriate relief shall be provided for that class of property affected in the next budget cycle following the final decision of such appeal. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1209 which was deferred to the 36th legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1202 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1256 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1010 and returns the same with the recommendation that said bill be amended as follows:

---

1010fa

     On page 1 , line 9 of the printed bill , after " person " insert " , who is a registered voter in the proposed district, " .

     On page 1 , line 13 , after " election " insert " if the person is a registered voter in the proposed district " .

1010fb

     On page 1 , delete lines 4 to 15 of the printed bill , inclusive .

     On page 2 , line 3 , overstrike " landowners within the proposed district who are also " .

     On page 2 , line 3 , after " within the " insert " proposed " .

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

     On page 2 , line 6 , overstrike " the proposed district who are also " .

     On page 2 , delete line 10 , and insert " petition requirements are based solely on shall be signed by at least twenty-five percent of the landowners. "

     On page 2 , line 19 , overstrike " is a landowner in the proposed district and " .

     On page 2 , line 19 , after " vote " insert " and resides " .

     On page 2 , line 25 , after " landowners. " insert " For the purpose of this section, a person resides in a proposed district if the person actually lives in the proposed district for at least thirty days in the last year. " .

     On page 4 , line 7 , after " shall " insert " and be a registered voter in the proposed district " .

     On page 5 , after line 15 , insert:

"      Section 10. That § 6-16-7 be amended to read as follows:

     6-16-7.   If there is a conflict regarding who has a right to vote in the election pursuant to § §     6-16-4 to 6-16-6, the judges of election shall settle the conflict by referring to the official records of the register of deeds and county auditor in each county where these official records are held. "

     And that as so amended said bill do pass.

---

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1191, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1191fb

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

"      Section 1. That § 35-4-14.2 be amended to read as follows:

     35-4-14.2.   There may be issued in any Any municipality one on-sale license to be operated at a may issue to a licensee licensed within the municipality pursuant to subdivision 35-4-2(4), a temporary license to sell and dispense alcoholic beverages at:

             (1)    A convention hall established pursuant to chapter 9-52 or 9-53 ;

             (4)    A facility owned or operated by a governmental subdivision of the State of South Dakota .

     Such license shall be issued without regard to the population limitations established pursuant to §   35-4-11. Any license issued pursuant to this section shall be issued for a period not to exceed five consecutive days one calendar day and such the license shall expire at twelve o'clock midnight on the fifth such day after issuance . No license may be issued, pursuant to the provisions of this section, in a municipality which operates a license pursuant to §   35-4-14.1. No public hearing is required for the issuance of a license pursuant to this section if the individual applying for such license holds an on-sale alcoholic beverage license in such municipality or holds an operating agreement for a municipal on-sale alcoholic beverage license . No person who holds an operating agreement for a municipal license pursuant to §   35-4-14.1 may receive a license pursuant to this section.

     Section 2. A temporary license issued pursuant to section 1 of this Act shall be issued to the licensee and location specified in the application. The application fee shall be established by the municipality. Notwithstanding §  35-5-21.1, the fee provided for in this section shall be retained by the municipality issuing the temporary license.

     Section 3. A municipality may adopt reasonable rules and regulations limiting the number of temporary licenses that may be issued and the events, locations, and conditions under which

alcoholic beverages may be sold or dispensed. A municipality may issue a temporary permit with such restrictions and limitations as it deems necessary to provide for public safety and ensure compliance with all laws and regulations governing the sale of alcoholic beverages.

     Section 4. All alcoholic beverages shall be dispensed and sold by the licensee or regular employees of the licensee. A licensee's retail license may be revoked or suspended in accordance with §  35-2-10 upon proof of violation by the licensee, the licensee's agents or employees while operating under the authority of a temporary license of any conditions or limitations of the temporary license, any provision of Title 35, any rule or regulation adopted by the Secretary, or any ordinance or regulation of the municipality issuing the temporary license. "

1191fe

     Delete the previously adopted amendment (1191fb).

     On page 1 , line 6 of the printed bill , remove the overstrikes from " Such license shall " .

     On page 1 , remove the overstrikes from line 7 .

     On page 1 , line 7 , delete " The " and insert " In addition, any municipality with a population exceeding one hundred thousand may issue an on-sale license to be operated at a sporting event held at a publicly owned sports arena or facility that seats a minimum of one thousand persons. " .

     On page 1 , delete lines 8 and 9 , inclusive .

     On page 1 , line 10 , delete " license may be issued. However, the number of licensed issued per day may not exceed six. " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1235 and returns the same with the recommendation that said bill be amended as follows:

1235sd

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

"      Section 1. That chapter 12-25 be amended by adding thereto a NEW SECTION to read as follows:

     No public employer may allow the use of public property, equipment, facilities, or resources for express advocacy by a ballot question committee, candidate, candidate's committee, political action committee, or political party committee or any committee. A public employer is the state, any local government, government agency, government instrumentality, special district, joint

powers authority, school board, or special purpose organization that employs one or more persons. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1247 and returns the same with the recommendation that said bill be amended as follows:

1247fa

     On page 2 , delete lines 7 to 17 of the printed bill , inclusive .

     On page 3 , delete lines 1 to 6 , inclusive .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that said bill be amended as follows:

1233fa

     On page 2 , after line 1 of the printed bill , insert:

"      Section 2. That § 7-7-12 be amended to read as follows:

     7-7-12.   The state's attorney shall receive a salary established by each board of county commissioners, by resolution, but may not be less than the following: Upon the first four thousand of population, or less, the sum of twenty-one thousand two hundred forty-one twenty- five thousand five hundred dollars per year, and four hundred seventy-one five hundred sixty- five dollars for each additional one thousand population or fraction thereof up to and including twenty-two thousand population; in counties over twenty-two thousand population but less than thirty-five thousand population the sum of thirty thousand two hundred thirty-five thirty-six thousand two hundred eighty dollars per year; in counties of thirty-five thousand population or more the sum of thirty-one thousand two hundred twenty-seven thirty-seven thousand four hundred seventy dollars per year; in counties of over fifty thousand population where a full-time state's attorney is required or in counties where the commissioners designate the position full-time the sum of forty-nine thousand four hundred thirty-four fifty-nine thousand three hundred twenty dollars per year. In counties of less than fifty thousand population the commissioners may designate the position full-time. The decision by the commissioners shall be adopted prior to the first day of January in the year of the election and may not be amended for that term of office. However, if no state's attorney is elected to the office at any general election, the board of county commissioners may contract for such legal services and negotiate

the compensation therefor on terms and conditions determined by the board of county commissioners. The board of county commissioners may not decrease the salary of the state's attorney during the term of office of the state's attorney.

     Section 3. This Act is effective on January 1, 2000, and the provisions of §  6-15-1 do not apply to this Act. "

     And that as so amended said bill do not pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1170 and 1262 which were deferred to the 36th legislative day.

Respectfully submitted,
J.P. Duniphan, Chair

(Continued)

     HB 1002:   FOR AN ACT ENTITLED, An Act to   require an independent actuarial review of equity issues regarding the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall HB 1002 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 3, Absent and Not Voting 1

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

     Nays were:
Haley; Koetzle; Lucas; Monroe

     Excused were:
Crisp; McNenny; Solum

---

     Absent and Not Voting were:
Koehn

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

     The question being on the title.

     Rep. Larry Diedrich moved that the title to HB 1002 be amended as follows:

     On page 1 , line 2 of the House Retirement Laws committee engrossed bill , after " System " insert " and to declare an emergency " .

     Which motion prevailed and the title was so amended.

     HB 1166:   FOR AN ACT ENTITLED, An Act to   require minimum training requirements for corrections officers.

     Was read the second time.

1166mc

     Rep. Daniel Sutton moved that HB 1166 be amended as follows:

     On the House State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. The Department of Corrections shall develop and conduct a training program based on training approved by a nationally recognized professional association for juvenile correctional officers, youth supervisors, and drill instructors. The training program shall include:

             (1)    Goals;

             (2)    Objectives; and

             (3)    A curriculum outline which includes adolescent human behavior courses.

     Section 2. The Department of Corrections shall develop and conduct a training program based on training approved by a nationally recognized professional association for adult correctional officers. The training program shall include:

             (1)    Goals;

             (2)    Objectives; and

             (3)    A curriculum outline which includes human behavior courses.

---

     Section 3. The corrections commission created in §  1-15-1.13 shall review and approve the training programs created in sections 1 and 2 of this Act by December 31, 2000.

     The commission may modify the curriculum with approval of the majority of the members. "

    A roll call vote was requested and supported.

     The question being on Rep. Daniel Sutton's motion that HB 1166 be amended.

     And the roll being called:

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

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Diedtrich (Elmer); Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Roe; Slaughter; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

     Nays were:
Broderick; Brooks; Clark; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Konold; Koskan; Lintz; McCoy; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Crisp; McNenny; Solum

     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 1166 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 37, Excused 3, Absent and Not Voting 0

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

---

     Nays were:
Broderick; Brooks; Clark; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Konold; Koskan; Lintz; McCoy; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Crisp; McNenny; Solum

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

     HB 1266:   FOR AN ACT ENTITLED, An Act to   increase marriage license fees and to allow for a lower fee if the applicants complete premarital counseling.

     Was read the second time.

     Rep. Hunt moved that HB 1266 be deferred until Wednesday, February 9th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1110:   FOR AN ACT ENTITLED, An Act to   prohibit the use of the internet for certain gambling activities.

     Was read the second time.

     The question being "Shall HB 1110 pass?"

     And the roll being called:

     Yeas 57, Nays 9, Excused 4, Absent and Not Voting 0

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

     Nays were:
Cerny; Davis; Earley; Garnos; Hagen; Hanson; Juhnke; Koehn; Nachtigal

---

     Excused were:
Crisp; McNenny; Solum; Sutton (Duane)

     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 1171:   FOR AN ACT ENTITLED, An Act to   define the term, fetus.

     Was read the second time.

     The question being "Shall HB 1171 pass?"

     And the roll being called:

     Yeas 37, Nays 29, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brown (Jarvis); Burg; Chicoine; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fitzgerald; Heineman; Jaspers; Juhnke; Kazmerzak; Klaudt; Kooistra; Koskan; McCoy; Monroe; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

     Nays were:
Broderick; Brown (Richard); Cerny; Clark; Cutler; Davis; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Koehn; Koetzle; Konold; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Wudel

     Excused were:
Crisp; Lintz; McNenny; Solum

     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 1229:   FOR AN ACT ENTITLED, An Act to   designate kuchen as the official state dessert.

     Was read the second time.

     Rep. Elmer Diedtrich moved that HB 1229 be deferred until Wednesday, February 9th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

---

     HB 1296:   FOR AN ACT ENTITLED, An Act to   revise the requirements for motorcycle mufflers.

     Was read the second time.

     The question being "Shall HB 1296 pass?"

     And the roll being called:

     Yeas 58, Nays 7, Excused 3, Absent and Not Voting 2

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

     Nays were:
Davis; Lockner; Nachtigal; Patterson; Sebert; Sutton (Daniel); Waltman

     Excused were:
Crisp; McNenny; Solum

     Absent and Not Voting were:
Haley; Koetzle

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

     Speaker Hunt now presiding.

     SB 96:   FOR AN ACT ENTITLED, An Act to   regulate motor vehicle service contracts.

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

     SB 170:   FOR AN ACT ENTITLED, An Act to   revise the provisions relating to the establishment of separate market values in neighborhoods.

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

---

     SB 192:   FOR AN ACT ENTITLED, An Act to   reenact the revised secured transactions article of the Uniform Commercial Code.

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

     SB 193:   FOR AN ACT ENTITLED, An Act to   establish certain requirements and procedures regarding electronic transactions.

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

     SB 197:   FOR AN ACT ENTITLED, An Act to   create a statewide underground tank cleanup program.

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

     SB 202:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to conciliation of labor disputes.

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

     Rep. Putnam moved that SB 21, 1, 34, 33, 17, 19, 6, 48, 61, and 62 be deferred until Wednesday, February 9th, the 22nd legislative day.

     Which motion prevailed and the bills were so deferred.

MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1086 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

---

     The Speaker publicly read the title to

     HB 1086: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the care and maintenance of municipal cemeteries.

     And signed the same in the presence of the House.

     HC 1013   Introduced by:  Representatives Diedtrich (Elmer), Cutler, Sutton (Duane), and Waltman and Senators Lawler and Dennert

A LEGISLATIVE COMMEMORATION,  Congratulating Caroline Faflak of Aberdeen for     achieving national recognition for exemplary volunteer service by receiving a 2000     Prudential Spirit of Community Award.

     WHEREAS,  this prestigious award, presented by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Caroline Faflak earned this award by generously giving her time and energy to SPURS, a rehabilitation program that provides horseback-riding lessons for physically and mentally disabled children and adults; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depends, in great measure, upon the dedication of young people like Caroline Faflak who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that Caroline Faflak be congratulated and honored as a recipient of a Prudential Spirit of Community Award for her outstanding record of volunteer service, peer leadership, and community spirit.

     HC 1014   Introduced by:  Representatives Diedtrich (Elmer), Cutler, Sutton (Duane), and Waltman and Senators Lawler and Dennert

A LEGISLATIVE COMMEMORATION,  Congratulating Sarah Anderson of Eureka for     achieving national recognition for exemplary volunteer service by receiving a 2000     Prudential Spirit of Community Award.

---

     WHEREAS,  this prestigious award, presented by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Sarah Anderson earned this award by generously giving her time and energy to educate people on diabetes through her illustrated talk; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depends, in great measure, upon the dedication of young people like Sarah Anderson who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that Sarah Anderson be congratulated and honored as a recipient of a Prudential Spirit of Community Award for her outstanding record of volunteer service, peer leadership, and community spirit.

     Rep. Michels moved that the House do now adjourn, which motion prevailed, and at 5:41 p.m. the House adjourned.