House Journal 02/09/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 9, 2000

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

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by House page Val Kazmerzak.

     Roll Call: All members present except Rep. Solum 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 twenty-first day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

Roger W. Hunt, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1104 and 1243 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1094 and returns the same with the recommendation that said bill be amended as follows:

1094bd

On page 1 , line 3 of the printed bill , delete " tobacco settlement " and insert " people's " .

On page 1 , line 5 , after " the " delete " tobacco " and insert " people's " .

On page 1 , line 6 , delete " settlement " .

On page 1 , line 8 , delete " tobacco settlement " and insert " people's " .

On page 1 , line 9 , delete " tobacco settlement " and insert " people's " .

On page 1 , line 10 , delete " tobacco settlement " and insert " people's " .

On page 1 , line 11 , delete " tobacco settlement " and insert " people's " .

On page 1 , after line 12 , insert:

" Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

1094ota

On page 1 , line 1 of the printed bill , delete " tobacco settlement funds " and insert " the people's trust fund " .

On page 1 , line 1 , after " treasury " insert " and to declare an emergency " .

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 1197, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1197rb

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

" Section 1. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other provision of law, the death penalty may not be imposed upon any person who was mentally retarded at the time of the commission of the offense and whose mental retardation was manifested and documented before the age of eighteen years.

Section 2. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

As used in this Act, mental retardation means significant subaverage general intellectual functioning existing concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive evidence that the defendant does not have significant subaverage general intellectual functioning.

Section 3. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

Not later than ninety days prior to the commencement of trial, the defendant may upon a motion alleging reasonable cause to believe the defendant was mentally retarded at the time of the commission of the offense, apply for an order directing that a mental retardation hearing be conducted prior to trial. If, upon review of the defendant's motion and any response thereto, the court finds reasonable cause to believe the defendant was mentally retarded, it shall promptly conduct a hearing without a jury to determine whether the defendant was mentally retarded. If the court finds after the hearing that the defendant was not mentally retarded at the time of the commission of the offense, the court shall, prior to commencement of trial, enter an order so stating, but nothing in this paragraph precludes the defendant from presenting mitigating evidence of mental retardation at the sentencing phase of the trial. If the court finds after the hearing that the defendant established mental retardation by a preponderance of the evidence, the court shall prior to commencement of trial, enter an order so stating. Unless the order is reversed on appeal, a separate sentencing proceeding under this section may not be conducted if the defendant is thereafter convicted of murder in the first degree. If a separate sentencing proceeding is not conducted, the court, upon conviction of a defendant for the crime of murder in the first degree, shall sentence the defendant to life imprisonment without parole.

Section 4. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

If the court enters an order pursuant to section 3 of this Act finding that the defendant was mentally retarded at the time of the commission of the offense, the state may appeal as of right from the order. Upon entering such an order, the court shall afford the state a reasonable period of time, which may not be less than ten days, to determine whether to take an appeal from the order finding that the defendant was mentally retarded. The taking of an appeal by the state stays the effectiveness of the court's order and any order fixing a date for trial.

Section 5. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

If a defendant serves notice pursuant to section 3 of this Act, the state may make application, upon notice to the defendant, for an order directing that the defendant submit to an examination by a psychiatrist, licensed psychologist, or licensed psychiatric social worker designated by the state's attorney, for the purpose of rebutting evidence offered by the defendant. Counsel for the state and the defendant have the right to be present at the examination. A videotaped recording of the examination shall be made available to the defendant and the state's attorney promptly after its conclusion. The state's attorney shall promptly serve on the defendant a written copy of the findings and evaluation of the examiner. If a defendant is subjected to an examination pursuant to an order issued in accordance with this section, any statement made by the defendant for the purpose of the examination is inadmissible in evidence against the defendant in any criminal action or proceeding on every issue other than that of whether the defendant was mentally retarded at the time of the commission of the offense, but such statement is admissible upon such an issue whether or not it would otherwise be deemed a privileged communication.

Section 6. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act apply only to offenses alleged to have been committed by the defendant after the effective date of this Act.

Section 7. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act are essentially and inseparably connected and interdependent. "

1197ota

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " exempt mentally retarded persons from the death penalty and to provide for a determination of mental retardation in such cases. " .

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 1292 and returns the same with the recommendation that said bill be amended as follows:

1292oa

On page 2 , line 5 of the printed bill , delete " eight " and insert " two " .

On page 2 , line 6 , delete " ($8,000,000) " and insert " ($2,000,000) " .

1292ob

On page 2 , line 1 of the printed bill , delete " five " and insert " four hundred thousand dollars ($400,000) " .

On page 2 , line 2 , delete " million dollars ($5,000,000) " .

1292oc

On page 2 , delete lines 14 to 16 of the printed bill , inclusive .

1292oe

On page 1 , line 9 of the printed bill , delete " 12 " and insert " 9 " .

On page 2 , line 20 , delete " draws " and insert " draw warrants " .

On page 2 , line 24 , delete " 11 " and insert " 8 " .

On page 3 , line 3 , delete " 12 " and insert " 9 " .

1292of

On page 1 , delete lines 10 to 13 of the printed bill , inclusive .

1292og

On page 1 , delete lines 14 to 17 of the printed bill , inclusive .

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 1271 and returns the same with the recommendation that said bill be amended as follows:

1271od

On page 1 , line 13 of the printed bill , delete " forty- " and insert " thirty " .

On page 1 , line 14 , delete " five " .

On page 1 , line 15 , delete " for the school fiscal year " .

On page 1 , line 15 , delete " For the state " and insert " Thereafter " .

On page 1 , line 16 , delete " aid to education distribution for the fiscal year ending June 30, 2002 " .

On page 2 , line 3 , delete " prior to the school fiscal year " .

On page 2 , line 7 , after " § 10-12-43. " insert " For the purposes of this Act, the general fund balance for the school fiscal year ending June 30, 2000, also includes all money exceeding twenty-five thousand dollars transferred from a school district's general fund to its capital outlay fund during fiscal year 2000, less money so transferred during fiscal year 2000 that a school district has lawfully contracted, prior to April 1, 2000, to spend. "

On page 3 , line 9 , delete " money " and insert " more than twenty-five thousand dollars during any fiscal year " .

And returns the same without recommendation as amended.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1147 which was tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1080, 1090, 1231, and 1264 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1313 which was tabled.

Respectfully submitted,
Kristie K. Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 111, 117, 140, and 153 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 SB 13, 146, 147, 149, and 174 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1180 and 1221 and HJR 1002 which were deferred to the 36th legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1047 and 1148 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:

1079da

On page 1 , line 4 of the printed bill , delete " eight hundred " and insert " five hundred thousand dollars ($500,000) " .

On page 1 , line 5 , delete " thousand dollars ($800,000) " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1310 and returns the same with the recommendation that said bill be amended as follows:

1310db

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

" Section 1. Effective July 1, 2001,
each school district shall adopt a teacher salary schedule that provides that the base salary for a first year teacher with a Bachelor's degree is twenty-three thousand two hundred dollars ($23,200) and that the base salary for a first year teacher with a Master's degree is twenty-six thousand four hundred dollars ($26,400). The salary schedule shall also provide for steps for years of experience and other intermediate steps for education between the Bachelor's degree and Master's degree.

Section 2. The Department of Education and Cultural Affairs shall pay each school district an amount of money equal to the increase in the school district's budget mandated by this Act less the amount of money by which the school district's most recent fiscal year ending general fund balance exceeds twenty percent of the school district's most recent fiscal year general fund expenditures.

Section 3. The obligation created by this Act shall be paid out of appropriations by the Legislature for the purpose of increasing teacher's salaries.

Section 4. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to determine the increase in school district budgets mandated by this Act and to provide for payments to school districts as provided in this Act. "

1310dta

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " provide for a minimum teacher salary schedule. " .

On page 2 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1125 and 1244 and returns the same without recommendation.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1016, 1050, 1083, 1084, 1183, 1234, 1259, 1291, and 1307 which were tabled.

Respectfully submitted,
Mitch Richter, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1012, 1017, 1036, 1043, and 1195 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1002 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 124, 163, and 199 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Young moved that the House do concur in Senate amendments to HB 1074.

     The question being on Rep. Young's motion that the House do concur in Senate amendments to HB 1074.

     And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Burg; Fiegen; McIntyre

Excused were:
McNenny; Solum

Absent and Not Voting were:
Napoli; Wilson

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.

Rep. Wetz moved that the Committee on State Affairs be instructed to deliver HB 1147 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Volesky moved that the Committee on State Affairs be instructed to deliver HB 1143 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1056 as found on pages 474 and 475 of the House Journal; also

     State Affairs on 1057 as found on page 476 of the House Journal; also

     State Affairs on HB 1070 as found on page 476 of the House Journal; also

     State Affairs on HB 1176 as found on pages 476 and 477 of the House Journal; also

     State Affairs on HB 1314 as found on page 477 of the House Journal; also

     Agriculture and Natural Resources on HB 1300 as found on pages 478 and 479 of the House Journal; also

     Agriculture and Natural Resources on HB 1301 as found on pages 479 and 480 of the House Journal; also

     Education on HB 1255 as found on page 481 of the House Journal; also

     Education on HB 1315 as found on page 481 of the House Journal; also

     Education on HB 1251 as found on page 482 of the House Journal; also

     Taxation on HB 1205 as found on pages 499 and 500 of the House Journal; also

     Taxation on HB 1213 as found on page 501 of the House Journal; also

     Local Government on HB 1010 as found on pages 501 and 502 of the House Journal; also

     Local Government on HB 1191 as found on pages 503 and 504 of the House Journal; also

     Local Government on HB 1235 as found on pages 504 and 505 of the House Journal; also

     Local Government on HB 1247 as found on page 505 of the House Journal; also

     Local Government on HB 1233 as found on pages 505 and 506 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Fiegen moved that HB 1314 be placed on the calendar of Thursday, February 10th, the 23rd legislative day.

     The question being on Rep. Fiegen's motion that HB 1314 be placed on the calendar of Thursday, February 10th, the 23rd legislative day.

     And the roll being called:

     Yeas 28, Nays 40, Excused 2, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; McIntyre; Michels; Peterson; Pummel; Richter; Roe; Smidt; Wilson

Nays were:
Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Davis; Duenwald; Duniphan; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Excused were:
Apa; Solum

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

     Rep. Fitzgerald moved that HB 1251 be placed on the calendar of Thursday, February 10th, the 23rd legislative day.

     The question being on Rep. Fitzgerald's motion that HB 1251 be placed on the calendar of Thursday, February 10th, the 23rd legislative day.

     And the roll being called:

     Yeas 44, Nays 17, Excused 2, Absent and Not Voting 7

     Yeas were:
Brooks; Brown (Jarvis); Burg; Cerny; Clark; Crisp; Davis; Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Klaudt; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Nachtigal; Napoli; Patterson; Peterson; Roe; Sebert; Slaughter; Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

Nays were:
Broderick; Chicoine; Derby; Diedrich (Larry); Earley; Juhnke; Koehn; Konold; Koskan; Monroe; Munson (Donald); Pummel; Putnam; Richter; Sutton (Daniel); Sutton (Duane); Wudel

Excused were:
Apa; Solum

Absent and Not Voting were:
Brown (Richard); Cutler; Eccarius; Jaspers; Koetzle; McNenny; Smidt

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1251 was so placed.

Rep. Klaudt moved that the word "not" be stricken from the report of the Committee on Local Government on HB 1233 as found on pages 505 and 506 of the House Journal and that HB 1233 be placed on the calendar of Thursday, February 10th, the 23rd legislative day.

     The question being on Rep. Klaudt's motion that the word "not" be stricken from the report of the Committee on Local Government on HB 1233 as found on pages 505 and 506 of the House Journal and that HB 1233 be placed on the calendar of Thursday, February 10th, the 23rd legislative day.

     And the roll being called:

     Yeas 30, Nays 30, Excused 2, Absent and Not Voting 8

     Yeas were:
Brown (Jarvis); Chicoine; Clark; Crisp; Diedtrich (Elmer); Duniphan; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Haley; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Kooistra; Lintz; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Pummel; Sutton (Daniel); Wetz; Young; Speaker Hunt

Nays were:
Broderick; Brooks; Burg; Cerny; Davis; Derby; Diedrich (Larry); Duenwald; Earley; Fiegen; Garnos; Hagen; Hanson; Heineman; Konold; Koskan; Lockner; Napoli; Patterson; Peterson; Putnam; Richter; Sebert; Slaughter; Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel

Excused were:
Apa; Solum

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

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

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HCR 1006 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 1153 and 1220 which were deferred to the 36th legislative day.

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

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

1073oa

On page 1 , line 15 of the printed bill , after " assessed. " insert " No payment may be made by the state on any assessment against state property except in accordance with § 5-14-19. " .

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 1250 and returns the same with the recommendation that said bill be amended as follows:

1250oa

On page 2 , line 7 of the printed bill , after " petitions; " insert " or " .

On page 2 , line 8 , delete " ; or " and insert " . " .

On page 2 , delete lines 9 and 10 .

1250oc

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

On page 1 , line 11 , after " for " insert " partisan " .

On page 1 , line 12 , after " for " insert " partisan " .

On page 2 , line 2 , after " identified " insert " partisan " .

On page 2 , line 3 , after " any " insert " partisan " .

On page 2 , line 4 , after " for " insert " partisan " .

On page 2 , line 8 , after " a " insert " partisan " .

On page 2 , line 17 , after " for " insert " partisan " .

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 1261 and returns the same with the recommendation that said bill be amended as follows:

1261ob

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

" Section 1. An object or document containing the words of the Ten Commandments may be displayed in any public school classroom, public school building, or at any public school event, along with other objects and documents of cultural, legal, or historical significance that have formed and influenced the legal and governmental systems of the United States and the State of South Dakota. Such display of an object or document containing the words of the Ten Commandments:

(1) Shall be in the same manner and appearance generally as other objects and documents displayed; and

(2) May not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed objects and documents. "

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 HJR 1004 and returns the same with the recommendation that said resolution be amended as follows:

j1004oe

On page 1 , line 14 of the printed resolution , delete everything after " . " and insert " No circuit judge may be permanently transferred or assigned to a circuit that does not include the judge's voting residence. This section does not prevent the expansion or consolidation of circuit boundaries. " .

On page 1 , delete line 15 .

On page 2 , after line 19 , insert:

" Section 4. The amendments in sections 2 and 3 apply retroactively to January 1, 1998. "

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1143 and 1311 which were tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 which was deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1146: FOR AN ACT ENTITLED, An Act to provide a procedure for the collection of delinquent taxes on leased sites and to revise the notice and publication of delinquent taxes.

Was read the second time.

     The question being "Shall HB 1146 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 2, Absent and Not Voting 2

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

Nays were:
Volesky

Excused were:
Solum; Young

Absent and Not Voting were:
Fitzgerald; Hanson

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 1256: FOR AN ACT ENTITLED, An Act to revise the time for assigning commissioner responsibilities in municipalities operating under the commissioner form of government.

Was read the second time.

     The question being "Shall HB 1256 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent and Not Voting 1

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

Excused were:
Koskan; Solum; Wudel; Young

Absent and Not Voting were:
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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1236: FOR AN ACT ENTITLED, An Act to establish the South Dakota teacher incentive student loan repayment program and to make an appropriation therefor.

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

Rep. Brooks moved that HB 1236 be laid on the table.

The question being on Rep. Brooks' motion that HB 1236 be laid on the table.

     And the roll being called:

     Yeas 47, Nays 20, Excused 2, Absent and Not Voting 1

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

Nays were:
Brown (Richard); Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Koehn; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson

Excused were:
Solum; Wudel

Absent and Not Voting were:
Klaudt

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1236 was laid on the table.

HB 1260: FOR AN ACT ENTITLED, An Act to increase the authorized number of nonresident waterfowl hunting licenses.

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

The question being on Rep. Kazmerzak's pending motion to amend HB 1260 as found on pages 463 to 467 of the House Journal.

1260tc

Rep. Kazmerzak moved as a substitute motion that HB 1260 be amended as follows:

On the House Agriculture and Natural Resources committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 41-6-10 be amended to read as follows:

41-6-10. Licenses, permits, and stamps issued under this title are classified as follows:

(1) Disabled hunter permit;

(2) Export bait dealer license;

~~(2A) Fall three-day temporary nonresident waterfowl license;~~

(3) Fur dealer's license;

(4) Hoop net, trap or setline license;

(5) License for breeding and domesticating animals and birds;

(6) License to take fur-bearing animals;

(7) Nonresident big game license;

(8) Nonresident fishing license;

(9) Nonresident predator/varmint license;

(10) Repealed by SL 1999, ch 213, § 3.

(11) Nonresident retail bait dealer license;

(12) Nonresident shooting preserve license;

(13) Nonresident small game license;

(14) Nonresident and resident migratory bird certification permit;

(15) Nonresident wholesale bait dealer license;

(16) Nonresident wild turkey license;

(17) Nursing facility group fishing license;

(18) Park user's license;

(19) Permit for transportation of big game animal;

(20) Private fish hatchery license;

(21) Resident big game license;

(22) Resident elk license;

(23) Resident fishing license and resident senior fishing license;

(24) Repealed by SL 1999, ch 213, § 3.

(25) Resident retail bait dealer license;

(26) Resident small game license and resident youth small game license;

(27) Resident predator/varmint license;

(28) Resident wholesale bait dealer license;

(29) Resident wild turkey license;

(30) Scientific collector's license;

(31) Special nonresident waterfowl license;

(32) Repealed by SL 1999, ch 213, § 3.

(33) Taxidermist's license;

(33A) Spring five-day snow goose temporary nonresident waterfowl license;

(34) Temporary fishing and hunting licenses.

The rights and privileges of such licensees are set forth in § § 41-6-12 to 41-6-45.1, inclusive, and in § 41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses.

Section 2. That § 41-6-18.1 be amended to read as follows:

41-6-18.1. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a special nonresident waterfowl license ~~, a fall three-day temporary nonresident waterfowl license,~~ or a spring five-day snow goose temporary nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

A special nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for ~~ten~~ four consecutive days at any time during the regular migratory waterfowl season . Four dollars received from the sale of each special nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

The provision in this section limiting the validity of a special nonresident waterfowl license to ~~ten~~ four consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the special nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

The Game, Fish and Parks Commission , beginning in calendar year 2001, may issue no more than ~~four~~ ten thousand special nonresident waterfowl licenses in a calendar year. During calendar year 2000, and each year thereafter, the commission shall make available for issuance

six thousand special nonresident waterfowl licenses. Beginning in calendar year 2001, the commission may, at its discretion, issue a number of additional special nonresident waterfowl licenses not to exceed three thousand. During calendar year 2000, and each year thereafter, the commission shall reserve an additional one thousand special nonresident waterfowl licenses for purposes of controlling depredation caused by waterfowl in accordance with rules promulgated by the commission.

Section 3. That § 41-6-18.2 be amended to read as follows:

41-6-18.2. If the game, fish and parks commission deems it advisable to limit the number of special nonresident waterfowl licenses issued for the hunting, taking, or killing of waterfowl during any season, the commission may by rules adopted pursuant to § 41-2-18 divide the state into two or more units, and establish limitations as to the number of such licenses to be issued and the frequency with which any person may apply for such license. If the applications for special nonresident waterfowl licenses exceed the number of licenses available, selection shall be made by lottery in accordance with rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 and § 41-2-18 governing the issuance and use of special nonresident waterfowl licenses. The rules shall include:

(1) Provisions to divide the state into two or more units, if the Game, Fish and Parks Commission deems it advisable to limit the number of special nonresident waterfowl licenses issued for the hunting, taking, or killing of waterfowl during any season, and to establish limitations as to the number of such licenses to be issued within a unit or within the state as a whole and the frequency with which any person may apply for such license;

(2) Conditions and procedures governing the issuance and use of special nonresident waterfowl licenses that are reserved for purposes of controlling depredation caused by waterfowl;

(3) Methods of conducting lotteries for the issuance of special nonresident waterfowl licenses. The rules shall provide for the issuance of such licenses on a first-come, first served basis if excess licenses are available;

(4) Procedures by which a special nonresident waterfowl license holder may activate and validate the license for a four-day period specified by the license holder.

Section 4. That § 41-6-18.4 be amended to read as follows:

41-6-18.4. The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue ~~up to two thousand fall three-day temporary nonresident waterfowl licenses and~~ a number of spring five-day snow goose temporary nonresident waterfowl licenses to be determined by the department, and to establish the fee therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which hunting is permitted. The fall three-day temporary nonresident waterfowl licenses are valid only on private property, but are not valid on private property leased by the department for public hunting or on highways or other public rights-of-way within this state that otherwise meet the

requirements of § 41-9-1.3. Revenue from the sale of fall three-day temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Before promulgating rules which permit the issuance of fall three-day temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.

Section 5. That § 41-6-72 be amended to read as follows:

41-6-72. Licenses issued under this title ~~shall~~ expire on at the end of the last day of December of the calendar year for which they were issued unless specified otherwise in this chapter or as limited or provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission in accordance with chapter 1-26. Waterfowl hunting licenses expire at the end of the last day of the hunting season for which the license was issued .

Section 6. That § 41-6-15 be repealed.

~~41-6-15. Any hunting or fishing license shall expire on the last day of December in the year in which it was purchased or as limited and provided by the applicable license.~~ "

    A roll call vote was requested and supported.

     The question being on Rep. Kazmerzak's substitute motion that HB 1260 be amended.

     And the roll being called:

     Yeas 15, Nays 53, Excused 2, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Duenwald; Hagen; Haley; Hanson; Kazmerzak; Lockner; Nachtigal; Waltman; Weber

Nays were:
Apa; Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Diedtrich (Elmer); Solum

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

Rep. Brooks moved that Rep. Kazmerzak's pending motion to amend HB 1260 be laid on the table.

Which motion prevailed and Rep. Kazmerzak's motion to amend HB 1260 was laid on the table.

1260td

Rep. Fryslie moved that HB 1260 be amended as follows:

On page 3 , line 23 of the House Agriculture and Natural Resources committee engrossed bill , after " thousand " insert " special " .

Which motion prevailed and HB 1260 was so amended.

     The question being "Shall HB 1260 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Davis; Fiegen; Patterson; Sutton (Daniel); Sutton (Duane); Volesky

Excused were:
Diedtrich (Elmer); Solum

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 1200: FOR AN ACT ENTITLED, An Act to require criminal background checks of school employees and to prohibit employment of certain persons in schools.

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

1200oa

Rep. Michels moved that HB 1200 be amended as follows:

On page 2 , line 23 of the House Education committee engrossed bill , after " guilty " delete " , " .

On page 2 , line 24 , delete " a suspended imposition of sentence, " .

Which motion prevailed and HB 1200 was so amended.

1200x

Rep. Koehn moved that HB 1200 be further amended as follows:

On page 2 , line 7 of the House Education committee engrossed bill , after " involving " delete " moral turpitude as defined in subdivision 22-1-2(25), " .

On page 2 , line 8 , delete " including " .

Which motion lost.

     The question being "Shall HB 1200 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 3, Absent and Not Voting 1

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

Nays were:
Klaudt; Monroe; Napoli

Excused were:
Brown (Jarvis); Duenwald; Solum

Absent and Not Voting were:
Waltman

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

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1147, which was removed from the table, and returns the same with the recommendation that said bill do not pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1143, which was removed from the table, and returns the same without recommendation.

Respectfully submitted,
Steve Cutler, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

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

Was read the second time.

     The question being "Shall HB 1053 pass?"

     And the roll being called:

     Yeas 39, Nays 26, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Burg; Chicoine; Diedrich (Larry); Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Monroe; Napoli; Patterson; Pummel; Putnam; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wudel; Young

Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Cerny; Clark; Crisp; Cutler; Davis; Derby; Duniphan; Earley; Eccarius; Fitzgerald; Heineman; Konold; Kooistra; McNenny; Michels; Munson (Donald); Peterson; Richter; Roe; Weber; Wetz; Wilson; Speaker Hunt

Excused were:
Duenwald; Fiegen; Nachtigal; Solum

Absent and Not Voting were:
Diedtrich (Elmer)

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 Pro tempore Eccarius now presiding.

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.

1266oa

Rep. Hunt moved that HB 1266 be amended as follows:

On the House State Affairs committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Rep. Richter moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

     The question being on Rep. Hunt's motion that HB 1266 be amended.

     And the roll being called:

     Yeas 23, Nays 46, Excused 1, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Diedtrich (Elmer); Duenwald; Eccarius; Fitzgerald; Jaspers; Juhnke; Klaudt; Kooistra; Koskan; McCoy; McNenny; Monroe; Napoli; Pummel; Slaughter; Smidt; Sutton (Duane); Weber; Wetz; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Lintz; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Volesky; Waltman; Wilson; Wudel

Excused were:
Solum

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

1266fb

Rep. Wetz moved that HB 1266 be amended as follows:

On page 1 , line 12 of the House State Affairs committee engrossed bill , overstrike " seven " and insert " ten " .

On page 2 , line 17 , delete everything after " shall " and insert " file with " .

On page 2 , line 18 , delete " provider's qualifications to " .

On page 2 , line 19 , after " education " insert " and proof of the provider's qualifications. The provider shall pay a filing registration fee of ten dollars. The filing is valid for six years and the biennial renewal fee is ten dollars " .

Which motion prevailed and HB 1266 was so amended.

     The question being "Shall HB 1266 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koetzle; Koskan; Lintz; Lucas; McCoy; McIntyre; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Burg; Cerny; Clark; Crisp; Davis; Duenwald; Hagen; Kazmerzak; Koehn; Konold; Kooistra; Lockner; McNenny; Michels; Nachtigal; Napoli; Patterson; Slaughter; Waltman

Excused were:
Solum

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

Was read the second time.

Rep. Engbrecht moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1229 pass?"

     And the roll being called:

     Yeas 39, Nays 24, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Hanson; Heineman; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Lintz; McIntyre; McNenny; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Smidt; Sutton (Duane); Waltman; Weber; Wetz; Wudel

Nays were:
Broderick; Brooks; Burg; Cerny; Clark; Diedrich (Larry); Earley; Eccarius; Fiegen; Garnos; Haley; Hennies; Juhnke; Kooistra; Koskan; Lockner; Lucas; Michels; Nachtigal; Napoli; Richter; Slaughter; Sutton (Daniel); Young

Excused were:
Cutler; McCoy; Solum; Volesky; Speaker Hunt

Absent and Not Voting were:
Jaspers; Wilson

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

HB 1306: FOR AN ACT ENTITLED, An Act to prospectively apply the annual increase in workers' compensation benefits to certain disabilities.

Was read the second time.

The question being "Shall HB 1306 pass as amended?"

And the roll being called:

Yeas 49, Nays 11, Excused 5, Absent and Not Voting 5

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Davis; Derby; Duenwald; Duniphan; Eccarius; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Young

Nays were:
Fiegen; Heineman; Juhnke; Klaudt; Konold; Michels; Putnam; Richter; Sebert; Sutton (Duane); Wudel

Excused were:
Cutler; Diedrich (Larry); Engbrecht; Solum; Speaker Hunt

Absent and Not Voting were:
Crisp; Diedtrich (Elmer); Earley; Jaspers; Lintz

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 1214: FOR AN ACT ENTITLED, An Act to revise certain segments of the state trunk highway system.

Was read the second time.

     The question being "Shall HB 1214 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 10, Excused 3, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young

Nays were:
Davis; Fischer-Clemens; Haley; Kazmerzak; Koetzle; Lockner; Lucas; McCoy; McIntyre; Sutton (Daniel)

Excused were:
Cutler; Solum; Speaker Hunt

Absent and Not Voting were:
Jaspers; Lintz; 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 1226: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the surrender of license plates and suspension of the driver's license or commercial driver's license for certain overweight vehicle offenses.

Was read the second time.

Rep. Wetz moved that HB 1226 be deferred until Thursday, February 10th, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1268: FOR AN ACT ENTITLED, An Act to prohibit the sale of certain tobacco products from displays that are accessible to the public.

Was read the second time.

Rep. Richard Brown moved that HB 1268 be deferred until Thursday, February 10th, the 23rd legislative day.

Which motion prevailed and the bill was so deferred.

HB 1282: FOR AN ACT ENTITLED, An Act to prohibit persons other than physicians from performing or assisting at certain medical tasks for the purpose of performing or inducing abortions.

Was read the second time.

The question being "Shall HB 1282 pass as amended?"

And the roll being called:

Yeas 61, Nays 4, Excused 4, Absent and Not Voting 1

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

Nays were:
Clark; Koehn; Nachtigal; Patterson

Excused were:
Cutler; Solum; Young; Speaker Hunt

Absent and Not Voting were:
Peterson

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 1275: FOR AN ACT ENTITLED, An Act to revise the method of designating and selecting representatives for public employees' unions.

Was read the second time.

1275ra

Rep. Davis moved that HB 1275 be amended as follows:

On page 1 , line 12 of the printed bill , after " representatives. " insert " Such selection may also be rescinded by a majority of the employees voting in an election for that purpose. " .

    A roll call vote was requested and supported.

     The question being on Rep. Davis' motion that HB 1275 be amended.

     And the roll being called:

Yeas 37, Nays 28, Excused 3, Absent and Not Voting 2

Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Diedrich (Larry); Duenwald; Earley; Eccarius; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Roe; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson

Nays were:
Brooks; Clark; Cutler; Derby; Diedtrich (Elmer); Duniphan; Engbrecht; Fiegen; Fitzgerald; Garnos; Heineman; Hennies; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Wudel

Excused were:
Solum; Young; Speaker Hunt

Absent and Not Voting were:
Jaspers; Peterson

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1275 was so amended.

Rep. Derby moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1275 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 43, Excused 2, Absent and Not Voting 1

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

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

Excused were:
Solum; Young

Absent and Not Voting were:
Peterson

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

HB 1139: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

     The question being "Shall HB 1139 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

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

Excused were:
Fryslie; Michels; Solum; Young

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 1222: FOR AN ACT ENTITLED, An Act to revise the motor fuel tax distribution to the Department of Game, Fish and Parks.

Was read the second time.

The question being "Shall HB 1222 pass?"

And the roll being called:

Yeas 53, Nays 15, Excused 2, Absent and Not Voting 0

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

Nays were:
Burg; Cutler; Davis; Duenwald; Hagen; Kazmerzak; Klaudt; Koehn; Koskan; Lockner; Monroe; Nachtigal; Patterson; Slaughter; Weber

Excused were:
Solum; Young

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 1312: FOR AN ACT ENTITLED, An Act to exempt the gross receipts from certain events or activities sponsored by nonprofits for the benefit of homeless persons.

Was read the second time.

     The question being "Shall HB 1312 pass?"

     And the roll being called:

     Yeas 65, Nays 2, 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; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Napoli; Wetz

Excused were:
Putnam; Solum; Young

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 1202: FOR AN ACT ENTITLED, An Act to provide a procedure for vehicle traffic when the traffic control lights are malfunctioning or inoperable.

Was read the second time.

     The question being "Shall HB 1202 pass?"

     And the roll being called:

     Yeas 62, Nays 2, Excused 4, Absent and Not Voting 2

     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; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Speaker Hunt

Nays were:
Koetzle; Wilson

Excused were:
Michels; Putnam; Solum; Young

Absent and Not Voting were:
Crisp; Lucas

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 124: FOR AN ACT ENTITLED, An Act to revise long-term care provisions.

Was read the first time and referred to the Committee on Health and Human Services.

SB 163: FOR AN ACT ENTITLED, An Act to establish guidelines for the management and use of investments held by certain eleemosynary institutions and funds.

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

SB 199: FOR AN ACT ENTITLED, An Act to revise property tax levies for the general fund of a school district.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 21, 1, 34, 33, 17, 19, 6, 48, 61, and 62 be deferred until Thursday, February 10th, the 23rd legislative day.

Which motion prevailed and the bills were so deferred.

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 10th, the 23rd legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1012, 1017, 1036, 1043, and 1195 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1086 was delivered to his Excellency, the Governor, for his approval at 3:25 p.m., February 9, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1012: FOR AN ACT ENTITLED, An Act to provide for an increase in legislative per diem.

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

     HB 1036: FOR AN ACT ENTITLED, An Act to to revise certain provisions pertaining to persons with mental illness.

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

     HB 1195: FOR AN ACT ENTITLED, An Act to restrict contact between defendant and victim after the commission of assault or stalking.

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1012, 1017, 1036, 1043, and 1195 were delivered to his Excellency, the Governor, for his approval at 4:17 p.m., February 9, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

COMMEMORATIONS

HC 1015 Introduced by: Representatives Sutton (Duane), Cutler, Diedtrich (Elmer), and Waltman and Senators Lawler and Dennert

A LEGISLATIVE COMMEMORATION, Honoring Northern State University women's basketball coach Curt Fredrickson on his five hundredth victory.

WHEREAS, after twenty-one years of coaching, Curt Fredrickson became the fourth active NCAA Division II women's basketball coach with five hundred career victories; and

WHEREAS, during Curt Fredrickson's tenure, the Northern State University Wolves have played in five NAIA national tournaments, winning the national title in 1991-1992 and 1993- 1994, finishing second in 1992-1993, claiming third in 1980-1981, and finishing among the final eight teams in 1994-1995. Under his coaching the Wolves also have won two district basketball championships and two regional crowns. In the Northern Sun Intercollegiate Conference, the Wolves have had five first-place and four second-place finishes. After joining

the NCAA Division II, the Wolves have made post-season appearances in two of their four years; and

WHEREAS, Curt Fredrickson was named the NAIA II National Coach of the Year in 1992 and in 1994. He has received additional coach of the year honors from the South Dakota Press Association, Royal Order of the Gyps, Northern Sun Intercollegiate Conference, Midwest Independent Region, and NAIA District 12. In 1992 he was inducted into the NSU Athletic Hall of Fame:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Curt Fredrickson be recognized for his excellence in coaching resulting in five hundred basketball victories.

HC 1016 Introduced by: Representatives Smidt, Burg, Chicoine, Crisp, Cutler, Diedrich (Larry), Duenwald, Fiegen, Garnos, Jaspers, Juhnke, Konold, Lucas, Roe, Solum, Volesky, and Wilson and Senators Brown (Arnold), Drake, Duxbury, Frederick, Kloucek, and Rounds

A LEGISLATIVE COMMEMORATION, Honoring South Dakota State University's marching band as the state's lone entrant in this nation's millennium parade on July 4, 2000, in Washington, D.C.

WHEREAS, the South Dakota State University marching band has been designated by the South Dakota Legislature as the Pride of the Dakotas Marching Band; and

WHEREAS, this band has entertained the people of South Dakota and the region with its magnificent music, high precision football halftime performances, and parade appearances; and

WHEREAS, this band has brought national recognition and honor to our state by its participation in presidential inauguration parades and halftime performances at professional football games:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that the Pride of the Dakotas Marching Band be applauded and commended as the millennium band of South Dakota.

HC 1017 Introduced by: Representatives Juhnke and Koskan and Senator Benson

A LEGISLATIVE COMMEMORATION, Honoring Denice Schofield of Philip as a recipient of the Prudential Spirit of Community Award.

WHEREAS, Denice Schofield, an esteemed resident of Philip, South Dakota, and a student at Philip High School, has achieved national recognition for exemplary volunteer service by receiving a 2000 Prudential Spirit of Community Award. 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, Ms. Schofield earned this award by giving generously of her time and energy as a student volunteer in service to her community; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Schofield 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 this legislative body hereby congratulates and honors Ms. Denice Schofield as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.

Rep. Engbrecht moved that the House do now adjourn, which motion prevailed, and at 5:34 p.m. the House adjourned.

Karen Gerdes, Chief Clerk