House Journal 02/10/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 10, 2000

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Jim Fousek.

     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-second day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

Roger W. Hunt, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1012 and 1013 and returns the same with the recommendation that said resolutions be adopted.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1008 which was deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 35, 37, 75, 78, 79, and 84 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill be amended as follows:

97ja

On page 2 , line 16 of the Senate State Affairs committee engrossed bill , after " plan " insert " although the person was financially able, pursuant to section 2 of this Act, to purchase or elect the insurance or health benefits " .

And that as so amended said bill do pass.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 178, 28, 59, and 71 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 172 and returns the same without recommendation.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SCR 3 and returns the same with the recommendation that said resolution be concurred in.

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 191, 45, and 7 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 SB 157, 167, 9, and 94 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 8 and returns the same with the recommendation that said bill be amended as follows:

8fa

On page 1 , line 5 of the printed bill , after " median " insert " market " .

On page 1 , line 6 , after " median " insert " market " .

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

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Donald E. Munson, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1003 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1030, 1035, 1045, 1077, 1085, 1124, 1144, and 1155 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 5, 20, 23, 70, 86, 104, 108, 161, 169, 185, 195, 200, and 201 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Hennies moved that HCR 1006 be deferred until Friday, February 11th, the 24th legislative day.

Which motion prevailed and the resolution was so deferred.

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 11th, the 24th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1094 as found on page 516 of the House Journal; also

     State Affairs on HB 1197 as found on pages 517 and 518 of the House Journal; also

     State Affairs on HB 1292 as found on pages 518 and 519 of the House Journal; also

     State Affairs on HB 1271 as found on pages 519 and 520 of the House Journal; also

     Appropriations on HB 1079 as found on pages 521 and 522 of the House Journal; also

     Appropriations on HB 1310 as found on page 522 of the House Journal; also

     Appropriations on HB 1125 as found on page 522 of the House Journal; also

     Appropriations on HB 1244 as found on page 522 of the House Journal; also

     State Affairs on HB 1073 as found on page 528 of the House Journal; also

     State Affairs on HB 1250 as found on page 528 of the House Journal; also

     State Affairs on HB 1261 as found on page 529 of the House Journal; also

     State Affairs on HJR 1004 as found on page 529 of the House Journal; also

     State Affairs on HB 1147 as found on page 539 of the House Journal; also

     State Affairs on HB 1143 as found on page 539 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Wilson moved that HB 1271 be placed on today's calendar.

     The question being on Rep. Wilson's motion that HB 1271 be placed on today's calendar.

     And the roll being called:

Yeas 34, Nays 31, Excused 4, Absent and Not Voting 1

Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Eccarius; Engbrecht; Fischer- Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Nays were:
Broderick; Brooks; Clark; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fiegen; Fryslie; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Munson (Donald); Putnam; Richter; Sebert; Slaughter; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

Excused were:
Apa; Brown (Jarvis); Michels; Solum

Absent and Not Voting were:
Lucas

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

     Rep. Richter moved that HB 1125 be placed on today's calendar.

     The question being on Rep. Richter's motion that HB 1125 be placed on today's calendar.

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; 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; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Koskan; Napoli; Putnam; Roe

Excused were:
Apa; Brown (Jarvis); Michels; Solum

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1125 was so placed.

     Rep. Clark moved that HB 1244 be placed on today's calendar.

     The question being on Rep. Clark's motion that HB 1244 be placed on today's calendar.

     And the roll being called:

     Yeas 51, Nays 15, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young; Speaker Hunt

Nays were:
Brooks; Cerny; Diedtrich (Elmer); Duenwald; Fiegen; Fryslie; Hanson; Konold; Lintz; McNenny; Monroe; Putnam; Richter; Wetz; Wudel

     Excused were:
Apa; Brown (Jarvis); Michels; Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1244 was so placed.

     Rep. Volesky moved that HB 1143 be placed on today's calendar.

     The question being on Rep. Volesky's motion that HB 1143 be placed on today's calendar.

     And the roll being called:

     Yeas 27, Nays 38, Excused 5, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Wilson

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

Excused were:
Apa; Brown (Jarvis); Michels; Solum; Wetz

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

     Rep. Wetz moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1147 as found on page 539 of the House Journal and that HB 1147 be placed on today's calendar.

     The question being on Rep. Wetz's motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1147 as found on page 539 of the House Journal and that HB 1147 be placed on today's calendar.

     And the roll being called:

     Yeas 29, Nays 38, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brown (Richard); Burg; Davis; Duniphan; Fiegen; Fitzgerald; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Kooistra; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Slaughter; Sutton (Daniel); Volesky; Waltman; Wetz; Wilson

Nays were:
Brooks; Brown (Jarvis); Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Koehn; Koetzle; Konold; Koskan; Lintz; McNenny; Michels; Monroe; Munson (Donald); Napoli; Putnam; Sebert; Smidt; Sutton (Duane); Weber; Wudel; Young; Speaker Hunt

Excused were:
Apa; Solum

Absent and Not Voting were:
Diedrich (Larry)

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 proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 5: FOR AN ACT ENTITLED, An Act to require certain reforms of health benefit plans issued before July 1, 1996.

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

SB 20: FOR AN ACT ENTITLED, An Act to provide for the crime of identity theft.

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

SB 23: FOR AN ACT ENTITLED, An Act to allow certain children to be included as a level two, three, four, or five disability for the purpose of calculating special education state aid.

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

SB 70: FOR AN ACT ENTITLED, An Act to provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement.

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

SB 86: FOR AN ACT ENTITLED, An Act to exempt certain traffic violations from the requirement that a restricted minor's permit be suspended.

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

SB 104: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

SB 108: FOR AN ACT ENTITLED, An Act to provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

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

SB 161: FOR AN ACT ENTITLED, An Act to restrict the legal responsibility to provide financial support for certain family members.

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

SB 169: FOR AN ACT ENTITLED, An Act to revise the provisions limiting the number of retail alcohol licenses that may be issued to one person.

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

SB 185: FOR AN ACT ENTITLED, An Act to create the South Dakota teacher forgivable loan program and to appropriate money therefor.

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

SB 195: FOR AN ACT ENTITLED, An Act to prohibit or restrict certain acts in relation to human embryos.

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

SB 200: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for the elderly and disabled persons.

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

SB 201: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

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

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall SB 13 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; 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; Wudel; Young; Speaker Hunt

Excused were:
Solum

Absent and Not Voting were:
Crisp; Duenwald; 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.

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

Was read the second time.

     The question being "Shall SB 146 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; 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); 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:
Nachtigal; 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.

SB 147: FOR AN ACT ENTITLED, An Act to revise the Uniform Probate Code with regard to the duties of the court representative.

Was read the second time.

     The question being "Shall SB 147 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, 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; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; 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; Wudel; Young; Speaker Hunt

Excused were:
Hagen; Nachtigal; 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.

SB 149: FOR AN ACT ENTITLED, An Act to revise the Uniform Probate Code pertaining to the duties of the personal representative in closing the estate.

Was read the second time.

The question being "Shall SB 149 pass?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; 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:
Hagen; Solum

Absent and Not Voting were:
Jaspers

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

SB 174: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of trusts and estates.

Was read the second time.

     The question being "Shall SB 174 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; 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:
Hagen; Solum

Absent and Not Voting were:
Jaspers

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

Rep. Cutler moved that HB 1078, 1104, 1056, 1094, 1292, 1243, 1250, 1235, 1261, 1310, 1005, 1006, and 1301 be placed to follow HB 1148 on today's calendar.

Which motion prevailed and the bills were so placed.

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.

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

     Rep. Klaudt moved that HB 1226 be laid on the table.

     The question being on Rep. Klaudt's motion that HB 1226 be laid on the table.

     And the roll being called:

     Yeas 64, Nays 0, Excused 3, Absent and Not Voting 3

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

Absent and Not Voting were:
Jaspers; Konold; Monroe

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1226 was laid on the table.

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

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

     The question being "Shall HB 1268 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 48, Excused 4, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Duniphan; Eccarius; Fiegen; Fitzgerald; Hagen; Hanson; Kooistra; Lucas; McCoy; McIntyre; Peterson; Roe; Sutton (Daniel); Wilson; Speaker Hunt

Nays were:
Apa; Broderick; Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Haley; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young

Excused were:
Clark; Diedrich (Larry); Michels; Solum

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

HB 1057: FOR AN ACT ENTITLED, An Act to create the South Dakota education savings plan.

Was read the second time.

1057x

Rep. Roe moved that HB 1057 be amended as follows:

On page 3 , after line 19 of the House State Affairs committee engrossed bill , insert:

" Section 6. Notwithstanding any other provisions of law to the contrary, the designated beneficiary of any college savings account established pursuant to this Act shall be classified as a state resident for tuition purposes if, in each of the five years prior to the semester in which the designated beneficiary first enrolls in classes, the contributor has made additional contributions meeting or exceeding the minimum contribution amounts specified pursuant to section 4 of this Act. "

Which motion prevailed and HB 1057 was so amended.

     The question being "Shall HB 1057 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 12, Excused 3, Absent and Not Voting 1

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

Nays were:
Cerny; Cutler; Eccarius; Fryslie; Klaudt; Konold; Koskan; Monroe; Sebert; Sutton (Duane); Wetz; Young

Excused were:
Diedrich (Larry); Michels; 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.

Speaker Pro tempore Eccarius now presiding.

HB 1070: FOR AN ACT ENTITLED, An Act to extend residency status to certain students for purposes of higher education tuition.

Was read the second time.

1070x

Rep. Larry Diedrich moved that HB 1070 be amended as follows:

On page 1 , line 6 of the House State Affairs committee engrossed bill , delete " shall " and insert " may " .

Which motion prevailed and HB 1070 was so amended.

     The question being "Shall HB 1070 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent and Not Voting 0

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

Nays were:
Cerny; Cutler; Duenwald; Fryslie; Jaspers; Kooistra; Koskan; Lintz; McNenny; Napoli; Wetz

Excused were:
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 1176: FOR AN ACT ENTITLED, An Act to authorize the Department of Health to promulgate rules regarding the privacy of medical records.

Was read the second time.

     The question being "Shall HB 1176 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent and Not Voting 0

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

Nays were:
Burg; Davis; Fiegen; Fischer-Clemens; Hagen; Koetzle; Lockner; McIntyre; Nachtigal; Patterson; Volesky; Waltman

Excused were:
Michels; 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 1300: FOR AN ACT ENTITLED, An Act to create an office of agricultural policy.

Was read the second time.

     The question being "Shall HB 1300 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 13, Excused 1, Absent and Not Voting 1

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

Nays were:
Brown (Jarvis); Cerny; Fischer-Clemens; Hagen; Haley; Koehn; Koetzle; Kooistra; Lucas; Monroe; Patterson; Richter; Waltman

Excused were:
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 1255: FOR AN ACT ENTITLED, An Act to create the South Dakota Science and Technology Council.

Was read the second time.

The question being "Shall HB 1255 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; 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; 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); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young

Nays were:
Koetzle; Sutton (Duane)

Excused were:
Solum; Speaker Hunt

Absent and Not Voting were:
Cerny

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 1315: FOR AN ACT ENTITLED, An Act to 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.

Was read the second time.

     The question being "Shall HB 1315 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; 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

Excused were:
Solum; Speaker Hunt

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 1205: FOR AN ACT ENTITLED, An Act to revise certain requirements for moving mobile homes or manufactured homes.

Was read the second time.

     The question being "Shall HB 1205 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; 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; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young

Nays were:
Monroe

Excused were:
Solum; Speaker Hunt

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 1213: FOR AN ACT ENTITLED, An Act to provide for an appeal of valuation decisions of the secretary of revenue and for the recovery of certain expenses.

Was read the second time.

The question being "Shall HB 1213 pass as amended?"

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; 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; 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

Excused were:
Clark; Koetzle; Solum; Speaker Hunt

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 1010: FOR AN ACT ENTITLED, An Act to revise certain procedures for the formation and adjustment of boundaries of certain special districts.

Was read the second time.

     The question being "Shall HB 1010 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 1, 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); 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; Lucas; McCoy; McIntyre; 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

Nays were:
McNenny

Excused were:
Koetzle; Michels; Solum; Speaker Hunt

Absent and Not Voting were:
Duenwald

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 1191: FOR AN ACT ENTITLED, An Act to revise the number of temporary on-sale licenses that may be issued by municipalities.

Was read the second time.

     The question being "Shall HB 1191 pass as amended?"

     And the roll being called:

     Yeas 45, Nays 21, Excused 3, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Engbrecht; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Koehn; Lockner; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson; Young

Nays were:
Apa; Clark; Duenwald; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Kazmerzak; Klaudt; Kooistra; Koskan; Lintz; Lucas; McCoy; Nachtigal; Napoli; Slaughter; Smidt; Weber; Wetz; Wudel

Excused were:
Koetzle; Solum; Speaker Hunt

Absent and Not Voting were:
Konold

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 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to ambulance districts.

Was read the second time.

The question being "Shall HB 1247 pass as amended?"

And the roll being called:

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

Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Earley; Fischer- Clemens; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Sutton (Daniel); Volesky; Waltman; Wilson

Nays were:
Apa; Broderick; Brooks; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Sutton (Duane); Weber; Wetz; Wudel; Young

Excused were:
Solum; Speaker Hunt

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

Rep. Richter announced his intention to reconsider the vote by which HB 1247 was lost.

HB 1251: FOR AN ACT ENTITLED, An Act to require secondary schools to offer parenting classes for academic credit.

Was read the second time.

1251ta

Rep. Fitzgerald moved that HB 1251 be amended as follows:

On page 1 , line 9 of the House Education committee engrossed bill , after " course. " insert " The course may be taught by a teacher employed by the school or school district or by the county's agent or representative of the Cooperative Extension Service of South Dakota State University. "

Which motion prevailed and HB 1251 was so amended.

The question being "Shall HB 1251 pass as amended?"

And the roll being called:

Yeas 44, Nays 20, Excused 4, Absent and Not Voting 2

Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Hennies; Kazmerzak; Klaudt; Konold; Kooistra; Lucas; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Speaker Hunt

Nays were:
Broderick; Cutler; Davis; Diedrich (Larry); Earley; Haley; Jaspers; Juhnke; Koehn; Koetzle; Koskan; Lintz; Lockner; McCoy; Munson (Donald); Putnam; Richter; Roe; Smidt; Wudel

Excused were:
Crisp; Derby; Solum; Young

Absent and Not Voting were:
Hagen; Sebert

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 1197: FOR AN ACT ENTITLED, An Act to exempt mentally retarded persons from the death penalty and to provide for a determination of mental retardation in such cases.

Was read the second time.

     The question being "Shall HB 1197 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; 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; Haley; Hanson; Heineman; Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Brooks; Hennies; Juhnke; Konold; Monroe; Pummel; Sebert; Sutton (Duane); Wetz; Young

Excused were:
Crisp; Solum

Absent and Not Voting were:
Hagen

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 1079: FOR AN ACT ENTITLED, An Act to appropriate money for grants to school districts to implement programs designed to improve student achievement.

Was read the second time.

     The question being "Shall HB 1079 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 10, Excused 1, Absent and Not Voting 1

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

Nays were:
Cutler; Juhnke; Konold; Monroe; Napoli; Sebert; Smidt; Sutton (Duane); Wetz; Young

Excused were:
Solum

Absent and Not Voting were:
Hagen

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 1073: FOR AN ACT ENTITLED, An Act to permit assessments based on benefits.

Was read the second time.

The question being "Shall HB 1073 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 16, Excused 1, Absent and Not Voting 1

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

Nays were:
Brown (Jarvis); Cerny; Davis; Fiegen; Haley; Hanson; Koetzle; Lockner; Lucas; Nachtigal; Napoli; Patterson; Putnam; Sutton (Daniel); Waltman; Wetz

Excused were:
Solum

Absent and Not Voting were:
Hagen

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.

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article V, section 3 and 11 of the Constitution of the State of South Dakota, limiting the manner in which circuit court judges may be transferred and the boundaries of circuits may be altered.

Was read the second time.

     Rep. Eccarius moved that HJR 1004 be laid on the table.

     The question being on Rep. Eccarius' motion that HJR 1004 be laid on the table.

     And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

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

Excused were:
Solum

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HJR 1004 was laid on the table.

HB 1246: FOR AN ACT ENTITLED, An Act to exempt certain transfers of property used for agricultural or business purposes from the inheritance tax.

Was read the second time.

     The question being "Shall HB 1246 pass?"

     And the roll being called:

     Yeas 40, Nays 26, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Napoli; Patterson; Pummel; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Speaker Hunt

Nays were:
Broderick; Brooks; Brown (Richard); Clark; Cutler; Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Garnos; Heineman; Hennies; Konold; Koskan; Michels; Monroe; Peterson; Putnam; Richter; Roe; Sebert; Smidt; Wudel; Young

Excused were:
Nachtigal; Solum

Absent and Not Voting were:
Klaudt; 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 1047: FOR AN ACT ENTITLED, An Act to appropriate money for the USS South Dakota Battleship Memorial.

Was read the second time.

     The question being "Shall HB 1047 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; 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; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Fiegen

Excused were:
Nachtigal; 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 and the title was agreed to.

HB 1148: FOR AN ACT ENTITLED, An Act to appropriate money to expand the intensive juvenile probation program of the Unified Judicial System.

Was read the second time.

The question being "Shall HB 1148 pass?"

And the roll being called:

Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

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

Nays were:
Richter

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.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 103, 15, 16, 190, and 56 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 11, 14, 151, and 52 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

HB 1078: FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to education formula, to reduce state aid to education to certain school districts with excess general fund cash balances, and to create an education improvement fund.

Was read the second time.

1078de

Rep. Richard Brown moved that HB 1078 be amended as follows:

On page 7 , delete lines 8 to 12 of the House Education committee engrossed bill , inclusive .

Which motion prevailed and HB 1078 was so amended.

Rep. Peterson moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1078 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent and Not Voting 0

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

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

Excused were:
Solum

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

Rep. Richard Brown announced his intention to reconsider the vote by which HB 1078 was lost.

HB 1104: FOR AN ACT ENTITLED, An Act to to reduce state aid to education to certain school districts with excess general fund cash balances and to prohibit certain transfers.

Was read the second time.

0000oa

Rep. McNenny moved that HB 1104 be amended as follows:

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

" Section 1. If any school district's ending general fund balance exceeds eighteen percent of its general fund expenditures for the school fiscal year, the maximum levies for the general fund of the school district for taxes payable the next year as provided by § 10-12-42 shall be reduced by one-third. However, if a reduction in the maximum levies provided by this section would result in the school district's ending general fund balance being below eighteen percent of its general fund expenditures, the maximum levies as provided by § 10-12-42 may be reduced by a lesser amount so that the general fund is not depleted below eighteen percent of the estimated ending general fund balance for the next year. "

    A roll call vote was requested and supported.

     The question being on Rep. McNenny's motion that HB 1104 be amended.

     And the roll being called:

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

     Yeas were:
Apa; Brooks; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Fryslie; Heineman; Jaspers; Juhnke; Klaudt; Lintz; McCoy; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Slaughter; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Engbrecht; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lockner; Lucas; McIntyre; Michels; Nachtigal; Patterson; Roe; Sebert; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

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.

     The question being "Shall HB 1104 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Brown (Richard); Cerny; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Hanson; Heineman; Jaspers; Koehn; Koetzle; McCoy; McNenny; Napoli; Peterson; Pummel; Putnam; Richter; Sutton (Duane); Volesky; Wilson; Wudel; Young

Nays were:
Broderick; Brooks; Brown (Jarvis); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hennies; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Waltman; Weber; Wetz; Speaker Hunt

Excused were:
Solum

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

     Rep. Richter moved that the House do now reconsider the vote by which HB 1247 was lost.

     The question being on Rep. Richter's motion that the House do now reconsider the vote by which HB 1247 was lost.

     And the roll being called:

     Yeas 54, Nays 14, Excused 1, Absent and Not Voting 1

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

Nays were:
Brooks; Cutler; Jaspers; Juhnke; Klaudt; Koskan; McCoy; Sebert; Slaughter; Smidt; Weber; Wetz; Young; Speaker Hunt

Excused were:
Solum

Absent and Not Voting were:
Brown (Richard)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1247 was up for reconsideration and final passage.

HB 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to ambulance districts.

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

1247fb

Rep. Burg moved that HB 1247 be amended as follows:

On page 2 , delete line 4 of the House Local Government committee engrossed bill , and insert:

" of each year, who shall levy a tax not to exceed one dollar per thousand dollars of " .

Which motion prevailed and HB 1247 was so amended.

     The question being "Shall HB 1247 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent and Not Voting 0

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

Nays were:
Brooks; Cutler; Slaughter; Wetz; Speaker Hunt

Excused were:
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 1056: FOR AN ACT ENTITLED, An Act to establish a workforce development initiative within the Department of Social Services.

Was read the second time.

Rep. Duenwald moved the previous question.

Which motion prevailed.

     The question being "Shall HB 1056 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 25, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Roe; Slaughter; Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel

Nays were:
Brooks; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Garnos; Heineman; Jaspers; Juhnke; Klaudt; Konold; Koskan; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Smidt; Wetz; Young; Speaker Hunt

Excused were:
Solum

Absent and Not Voting were:
Sutton (Daniel)

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

Rep. Richard Brown moved that the House do now reconsider the vote by which HB 1078 was lost.

The question being on Rep. Richard Brown's motion that the House do now reconsider the vote by which HB 1078 was lost.

     And the roll being called:

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

     Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Chicoine; Crisp; Davis; Duniphan; Engbrecht; Fischer- Clemens; Fitzgerald; Garnos; Hagen; Haley; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

Nays were:
Apa; Broderick; Brooks; Cerny; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Fiegen; Fryslie; Hanson; Heineman; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

Excused were:
Michels; Solum

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

HB 1094: FOR AN ACT ENTITLED, An Act to create the people's trust fund in the state treasury and to declare an emergency.

Was read the second time.

1094fa

Rep. Volesky moved that HB 1094 be amended as follows:

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

" Section 1. The tobacco settlement health trust fund is established in the state treasury. Money received from the Master Settlement Agreement, signed on November 23, 1998, by attorneys general from several states and various tobacco companies, shall be deposited into the fund. The principal of the fund may not be expended. Interest earned on money in the fund shall be deposited into the tobacco settlement interest health trust fund.

Section 2. The tobacco settlement interest health trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Money shall remain in the fund until appropriated by the Legislature. Money from the fund may only be appropriated for purposes related to improving health care for South Dakotans.

Section 3. There is hereby created the South Dakota tobacco settlement trust fund committee to review legislation and issues related to the tobacco settlement health trust fund and the

tobacco settlement interest health trust fund and to make recommendations for the use of the interest health trust fund to the Legislature.

Section 4. The tobacco settlement trust fund committee shall consist of three members of the majority party of the house of representatives, to be appointed by the majority leader of the house of representatives; two members of the minority party of the house of representatives, to be selected by the minority leader of the house of representatives; two members of the majority party of the senate, to be selected by the majority leader of the senate; and one member of the minority party of the senate, to be selected by the minority leader of the senate. The members of the tobacco settlement trust fund committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified.

Section 5. The tobacco settlement trust fund committee shall select a chair and a vice chair and shall be provided with staff assistance from the legislative research council staff. "

    A roll call vote was requested and supported.

     The question being on Rep. Volesky's motion that HB 1094 be amended.

     And the roll being called:

     Yeas 20, Nays 48, Excused 1, Absent and Not Voting 1

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

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

Excused were:
Solum

Absent and Not Voting were:
Duniphan

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 1094 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

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

Nays were:
Lucas

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 1292: FOR AN ACT ENTITLED, An Act to establish the tobacco settlement fund and authorize certain expenditures from the fund.

Was read the second time.

1292zd

Rep. Roe moved that HB 1292 be amended as follows:

On page 1 , delete lines 4 to 9 of the House State Affairs committee engrossed bill , inclusive .

On page 1 , line 10 , delete " tobacco settlement " and insert " general " .

On page 1 , line 14 , delete " tobacco settlement " and insert " general " .

On page 2 , line 2 , delete " tobacco settlement " and insert " general " .

On page 2 , line 12 , delete " to the tobacco settlement trust fund " .

On page 2 , delete lines 13 to 21 , inclusive .

A roll call vote was requested and supported.

The question being on Rep. Roe's motion that HB 1292 be amended.

     And the roll being called:

     Yeas 39, Nays 29, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Nays were:
Brooks; Clark; Cutler; Derby; Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Garnos; Heineman; Jaspers; Juhnke; Konold; Lintz; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

Excused were:
Solum; Wetz

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1292 was so amended.

     The question being "Shall HB 1292 pass as amended?"

     And the roll being called:

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

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

Nays were:
Burg; Chicoine; Davis; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Patterson; Volesky; Waltman

Excused were:
Solum; Wetz

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. Roe moved that the title to HB 1292 be amended as follows:

On page 1 , line 1 of the House State Affairs committee engrossed bill , delete everything after " to " and insert " appropriate money for repair, cleanup, and upgrades. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1243: FOR AN ACT ENTITLED, An Act to create a tobacco prevention and cessation program and trust fund and to make an appropriation therefor.

Was read the second time.

1243bb

Rep. Peterson moved that HB 1243 be amended as follows:

On page 1 , line 5 of the printed bill , delete " One-third " and insert " Twenty percent " .

Which motion prevailed and HB 1243 was so amended.

     The question being "Shall HB 1243 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Derby; Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Peterson; Pummel; Roe; Sebert; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Brooks; Cerny; Davis; Diedrich (Larry); Duenwald; Duniphan; Fiegen; Fryslie; Hagen; Klaudt; Koehn; Koskan; Lintz; Lockner; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Richter; Slaughter; Young

Excused were:
Solum; Wetz

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

Rep. Peterson announced his intention to reconsider the vote by which HB 1243 was lost.

     Rep. Cutler moved that the rules be suspended for the sole purpose of placing HB 1250, 1235, 1261, 1310, 1005, 1006, 1301, 1125, and 1244 and the reconsideration of HB 1243 on the calendar for Friday, February 11th, the 24th legislative day.

     The question being on Rep. Cutler's motion that the rules be suspended for the sole purpose of placing HB 1250, 1235, 1261, 1310, 1005, 1006, 1301, 1125, and 1244 and the reconsideration of HB 1243 on the calendar for Friday, February 11th, the 24th legislative day.

     And the roll being called:

     Yeas 58, Nays 9, Excused 2, Absent and Not Voting 1

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

Nays were:
Apa; Broderick; Davis; Koehn; Koetzle; Lockner; Lucas; McIntyre; Patterson

Excused were:
Solum; Wetz

Absent and Not Voting were:
Duniphan

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the bills were so placed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 21, 1, 34, 33, 17, 19, 6, 48, 61, 62, 111, 117, 140, and 153 be deferred until Friday, February 11th, the 24th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1030, 1035, 1045, 1074, 1077, 1085, 1124, 1144, and 1155 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1030: FOR AN ACT ENTITLED, An Act to define the duties of a motor carrier enforcement officer and to revise certain provisions regarding motor carrier inspectors.

     HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health insurance on a franchise plan and to allow for discounts.

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

     HB 1074: FOR AN ACT ENTITLED, An Act to revise municipal special assessment provisions.

     HB 1077: FOR AN ACT ENTITLED, An Act to revise the requirements for maintaining an owner-occupied single-family dwelling classification.

     HB 1085: FOR AN ACT ENTITLED, An Act to clarify that certain group policies are required to provide coverage for biologically-based mental illnesses and diabetes supplies, equipment, and education.

     HB 1124: FOR AN ACT ENTITLED, An Act to regulate motor vehicle fuel containing methyl tertiary butyl ether.

     HB 1144: FOR AN ACT ENTITLED, An Act to allow for the award of reasonable attorney fees in certain legal proceedings.

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

     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 1030, 1035, 1045, 1074, 1077, 1085, 1124, 1144, and 1155 were delivered to his Excellency, the Governor, for his approval at 4:47 p.m., February 10, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

COMMEMORATIONS

HC 1018 Introduced by: Representatives Roe and Smidt and Senator Brown (Arnold)

A LEGISLATIVE COMMEMORATION, Commending Marianne Thompson for receiving a Prudential Spirit of Community Award.

WHEREAS, Marianne Thompson, an esteemed resident of Brookings, South Dakota, and a student at Brookings High School, has achieved national recognition for exemplary volunteer service by receiving a 2000 Prudential Spirit of Community Award; and

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 of serving their communities; and

WHEREAS, Ms. Thompson earned this award by giving generously of her time and energy to organizing a "Drunk Driving Awareness Day" at Brookings High School that brought attention to the dangers of driving under the influences of alcohol and drugs. The Prudential Spirit of Community Awards is a nationwide program honoring young people for outstanding acts of volunteerism. The awards program, now in its fifth year, is sponsored by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals. More than 20,000 high school and middle school level students were considered for awards in this year's program; 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. Thompson 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 Ms. Thompson be congratulated as a recipient of a Prudential Spirit of Community Award, recognized for her outstanding record of volunteer service, peer leadership, and community spirit, and extended best wishes for her continued success and happiness.

HC 1019 Introduced by: Representatives Patterson, Brown (Richard), Davis, Earley, Fiegen, Heineman, Koetzle, McIntyre, Peterson, and Richter and Senators Dunn (Rebecca), Everist, Hainje, Paisley, Reedy, and Staggers

A LEGISLATIVE COMMEMORATION, Honoring the 1999 Roosevelt High School Rough Riders girl's basketball team, coaches, staff, parents, fans, and cheerleaders.

WHEREAS, the 1999 Roosevelt High School Rough Riders girl's basketball team was undefeated and won its third straight South Dakota Class AA High School Girl's Basketball Championship and were champions of the Northwest Holiday Hoopfest in Beaverton, Oregon; and

WHEREAS, the tireless efforts of head coach Fred Tibbetts and his staff provided leadership and guidance so the team could accomplish their goals and have such a remarkable season; and

WHEREAS, the never ending support of parents, fans, and cheerleaders brought encouragement and inspiration to the team and coaches:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that the Roosevelt High School Rough Riders girl's basketball team be recognized for their superior performance in athletics for the 1999-2000 school year.

Rep. Roe moved that the House do now adjourn, which motion prevailed, and at 6:51 p.m. the House adjourned.

Karen Gerdes, Chief Clerk