House Journal 02/16/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 16, 2000

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by House page Callie Hollenbeck.

     Roll Call: All members present except Reps. Crisp, Solum, Dan Sutton, and Young who were 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-sixth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,

Roger W. Hunt, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 15, 2000

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved HB 1030, 1035, 1045, 1077, 1085, 1124, 1144, and 1155, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 206 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 54 which was tabled.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1010, 1029, 1055, 1064, 1065, 1068, 1092, 1108, 1110, 1112, 1138, 1146, 1167, 1171, 1175, 1202, 1229, 1238, 1256, 1279, and 1306 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1096, 1101, 1194, and 1293 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1017 Introduced by: Representatives Fryslie, Duenwald, Juhnke, Koskan, Weber, and Wetz and Senators Frederick and Drake

A CONCURRENT RESOLUTION, Urging equitable treatment for South Dakota farm producers in wetlands issues.

WHEREAS, the 1985 Farm Bill with the Swampbuster Act Provision was national policy for all fifty states of the United States; and

WHEREAS, the South Dakota Natural Resource Conservation Service made its own separate set of rules regarding wetland determinations in 1985 using the rationale that South Dakota is unique because of its location in the prairie pothole region; and

WHEREAS, the fact is that the prairie pothole region of North America includes large portions of Iowa, Minnesota, North Dakota, and South Dakota, and these four states all have similar if not identical wetland characteristics; and

WHEREAS, the South Dakota Natural Resource Conservation Service finally admitted that it was out of compliance with the 1985 Swampbuster Act and made procedural adjustments for making wetland determinations, which were approved by the National Natural Resource Conservation Service in August of 1999; and

WHEREAS, the National Natural Resource Conservation Service then made an out-of-court settlement agreement in January 2000 with the National Wildlife Federation and other groups which nullified the procedural adjustments adopted by the South Dakota Natural Resource Conservation Service in August 1999; and

WHEREAS, the South Dakota Natural Resource Conservation Service and the South Dakota farm producers had no input into the provisions of the settlement agreement. However, South Dakota farm producers are directly affected by the results, and they are unable to negotiate on their own behalf; and

WHEREAS, South Dakota farm producers are good stewards of their land and water resources and understand the need to protect true wetlands and the need to protect wildlife:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of the State of South Dakota:

(1) Supports efforts by the South Dakota Natural Resource Conservation Service to follow national policy for making wetland determinations in compliance with the 1985 Farm Bill Swampbuster Act;

(2) Supports efforts by South Dakota farm producers to be treated fairly and equitably by the Natural Resource Conservation Service, the United States Fish and Wildlife Service, and other state and federal agencies on wetlands issues; and

(3) Supports efforts by South Dakota farm producers to demonstrate sound soil and water management practices that reduce erosion, protect water quality, and provide friendly wildlife habitat.

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

     Rep. Brooks moved that the House do concur in Senate amendments to HB 1026.

     The question being on Rep. Brooks' motion that the House do concur in Senate amendments to HB 1026.

     And the roll being called:

     Yeas 57, Nays 3, Excused 5, Absent and Not Voting 5

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

Nays were:
Kazmerzak; Munson (Donald); Napoli

Excused were:
Crisp; Richter; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Derby; Diedrich (Larry); Haley; Koetzle; Slaughter

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. Brooks moved that the House do concur in Senate amendments to HB 1023.

     The question being on Rep. Brooks' motion that the House do concur in Senate amendments to HB 1023.

     And the roll being called:

Yeas 60, Nays 5, Excused 4, Absent and Not Voting 1

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

Nays were:
Fischer-Clemens; Kazmerzak; Koskan; Munson (Donald); Napoli

Excused were:
Crisp; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Haley

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. Fiegen moved that the House do concur in Senate amendments to HB 1028.

     The question being on Rep. Fiegen's motion that the House do concur in Senate amendments to HB 1028.

     And the roll being called:

     Yeas 64, Nays 0, 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; 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; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Excused were:
Crisp; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Haley; Patterson

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. Hunt moved that the House do concur in Senate amendments to HB 1095.

     The question being on Rep. Hunt's motion that the House do concur in Senate amendments to HB 1095.

     And the roll being called:

     Yeas 59, Nays 3, Excused 5, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; 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; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Speaker Hunt

Nays were:
Cutler; Fiegen; Roe

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Haley; Patterson; 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. McNenny moved that the House do not concur in Senate amendments to HB 1122 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. McNenny, Hennies, and Lucas.

Rep. Cutler moved that the House do concur in Senate amendments to HB 1193.

The question being on Rep. Cutler's motion that the House do concur in Senate amendments to HB 1193.

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

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

Nays were:
Munson (Donald)

Excused were:
Crisp; Derby; Jaspers; Solum; Sutton (Daniel); Young

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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on SB 136 as found on page 663 of the House Journal; also

     Education on SB 164 as found on page 664 of the House Journal; also

     Agriculture and Natural Resources on SB 138 as found on page 664 of the House Journal; also

     Agriculture and Natural Resources on SB 30 as found on pages 664 and 665 of the House Journal; also

     Taxation on SB 51 as found on pages 665 and 666 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 171: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding consumer installment sales contracts.

Was read the second time.

     The question being "Shall SB 171 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; 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; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Monroe; Napoli

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Richter

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 122: FOR AN ACT ENTITLED, An Act to allow the Department of Revenue to suspend a motor vehicle license, title, or registration if the check used to pay for the motor vehicle's fees is dishonored, to require the department to issue credit to the county treasurer, and to revise the fee that political subdivisions may charge for dishonored checks.

Was read the second time.

The question being "Shall SB 122 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; 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; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Speaker Hunt

Nays were:
Monroe; Wilson

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Richter

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 46: FOR AN ACT ENTITLED, An Act to require the payment of cigarette taxes in certain instances.

Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; 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; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Monroe; Napoli

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 1: FOR AN ACT ENTITLED, An Act to provide for the judicial jurisdiction of certain underage consumption offenses.

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

     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 58, Nays 6, Excused 6, Absent and Not Voting 0

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

Nays were:
Cutler; Duniphan; Fiegen; Konold; Roe; Speaker Hunt

Excused were:
Crisp; Derby; Putnam; Solum; Sutton (Daniel); 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.

SB 61: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

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

The question being "Shall SB 61 pass?"

And the roll being called:

Yeas 41, Nays 22, Excused 6, Absent and Not Voting 1

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Cerny; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Wetz; Wilson; Speaker Hunt

Nays were:
Brown (Richard); Burg; Chicoine; Clark; Cutler; Davis; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Lintz; Lockner; Lucas; McNenny; Nachtigal; Patterson; Roe; Waltman; Weber; Wudel

Excused were:
Crisp; Derby; Putnam; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Koetzle

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

SB 12: FOR AN ACT ENTITLED, An Act to provide for a conservation easement for certain state lands.

Was read the second time.

12fb

Rep. McNenny moved that SB 12 be amended as follows:

On page 1 , line 15 of the House State Affairs committee engrossed bill , delete " may " and insert " shall " .

Which motion prevailed and SB 12 was so amended.

The question being "Shall SB 12 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

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

Was read the second time.

104pa

Rep. Larry Diedrich moved that SB 104 be amended as follows:

On page 1 , line 3 of the House Appropriations committee engrossed bill , delete " twenty- five " and insert " fifty " .

On page 1 , line 4 , delete " ($25,000) " and insert " ($50,000) " .

A roll call vote was requested and supported.

     The question being on Rep. Larry Diedrich's motion that SB 104 be amended.

     And the roll being called:

     Yeas 37, Nays 28, Excused 5, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Davis; Diedrich (Larry); Diedtrich (Elmer); Earley; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Sebert; Slaughter; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Hennies; Jaspers; Juhnke; Konold; Kooistra; Koskan; McNenny; Napoli; Peterson; Pummel; Richter; Roe; Smidt; Wudel; Speaker Hunt

Excused were:
Crisp; Putnam; Solum; Sutton (Daniel); Young

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 104 was so amended.

     The question being "Shall SB 104 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 23, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Burg; Cerny; Chicoine; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Sebert; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson

Nays were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Duniphan; Eccarius; Engbrecht; Fiegen; Fitzgerald; Juhnke; Konold; Napoli; Peterson; Putnam; Richter; Roe; Slaughter; Smidt; Wudel; Speaker Hunt

Excused were:
Crisp; Solum; Sutton (Daniel); Young

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. Larry Diedrich announced his intention to reconsider the vote by which SB 104 was lost.

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

Was read the second time.

Rep. Cutler moved that SB 199 be deferred until Friday, February 18th, the 29th legislative day.

Which motion prevailed and the bill was so deferred.

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

Was read the second time.

Rep. Cutler moved that SB 202 be deferred until Friday, February 18th, the 29th legislative day.

Which motion prevailed and the bill was so deferred.

SB 176: FOR AN ACT ENTITLED, An Act to allow holders of installment sales contracts to collect a charge for a payment device returned for nonpayment.

Was read the second time.

     The question being "Shall SB 176 pass?"

     And the roll being called:

     Yeas 58, Nays 8, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; 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; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Speaker Hunt

Nays were:
Apa; Cutler; Klaudt; Koehn; Koetzle; Monroe; Napoli; Wilson

Excused were:
Crisp; Solum; Sutton (Daniel); 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.

SB 205: FOR AN ACT ENTITLED, An Act to provide management authority to the Department of Game, Fish and Parks over certain property being acquired from the United States.

Was read the second time.

205td

Rep. Wetz moved that SB 205 be amended as follows:

On page 1 , line 15 of the printed bill , after " area. " insert " Management of the property includes the power to lease any of the property acquired in this section for any agricultural, recreational, or other purposes authorized by law. " .

Which motion prevailed and SB 205 was so amended.

     The question being "Shall SB 205 pass as amended?"

     And the roll being called:

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

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

Nays were:
Hagen; Volesky

SB 29: FOR AN ACT ENTITLED, An Act to designate areas within the state park system where a park license may be required.

Was read the second time.

The question being "Shall SB 29 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 10, Excused 5, Absent and Not Voting 0

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

Nays were:
Apa; Cutler; Hagen; Koskan; Monroe; Munson (Donald); Nachtigal; Napoli; Volesky; Speaker Hunt

Excused were:
Crisp; Koehn; Solum; Sutton (Daniel); 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.

SB 47: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts.

Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

     Yeas 50, Nays 15, Excused 5, Absent and Not Voting 0

     Yeas were:
Broderick; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Klaudt; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Slaughter; Smidt; Waltman; Weber; Wetz; Wilson

Nays were:
Apa; Brooks; Brown (Richard); Eccarius; Juhnke; Konold; McNenny; Napoli; Putnam; Roe; Sebert; Sutton (Duane); Volesky; Wudel; Speaker Hunt

Excused were:
Crisp; Koehn; Solum; Sutton (Daniel); 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.

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 SB 109 and 197 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 110 and 65 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 Transportation respectfully reports that it has had under consideration SB 203 which was tabled.

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 195 and returns the same with the recommendation that said bill be amended as follows:

195tb

On page 1 , delete lines 4 to 8 of the Senate engrossed bill , inclusive , and insert:

" Section 1. No person may knowingly conduct nontherapeutic research that destroys a human embryo. A violation of this section is a Class 1 misdemeanor.

Section 2. No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected to substantial risk of injury or death or with the knowledge that the embryo will be used for nontherapeutic research that subjects the embryo to substantial risk of injury or death. A violation of this section is a Class 1 misdemeanor. "

On page 2 , delete lines 3 to 5 , inclusive .

195rb

In Section 2 of the previous amendment (195tb), delete "substantial risk of injury or death or with the knowledge that the embryo will be used for nontherapeutic research that subjects the embryo to substantial risk of injury or death" and insert "nontherapeutic research".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 60 which was reconsidered and returns the same with the recommendation that said bill be amended as follows:

60fd

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

" Section 1. That § 32-12-11 be amended to read as follows:

32-12-11. Any person who is at least fourteen years of age but less than eighteen years of age applying for a South Dakota driver's license who does not currently hold a driver's license , except a motorcycle license, that has been valid continuously for one hundred eighty days, shall apply to the Department of Commerce and Regulation for an instruction permit which shall be held for a minimum of one hundred eighty continuous days. The department may, after the applicant has successfully passed all parts of the examination other than the driving test and paid a fee which is equal in amount to the fee prescribed for a driver's license in § 32-12-16, issue

to the applicant an instruction permit. The instruction permit entitles the applicant while having the permit in the applicant's immediate possession to drive a motor vehicle upon the public highways for a period of one year if accompanied by a licensed operator who is at least eighteen years of age, has had at least one year of driving experience, and who is occupying a seat beside the driver. The holder of an instruction permit may apply for a restricted permit or operator's license after holding a valid instruction permit for one hundred eighty continuous days. A motorcycle instruction permit entitles the holder, while having the permit in the permit holder's immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. if the permit holder is accompanied by a licensed motorcycle operator who is at least eighteen years of age, who has at least one year of driving experience and who is driving another motorcycle along with the permit holder. No motorcycle instruction permit holder may carry another person on the motorcycle. The permit is valid for ~~thirty days~~ one year . The permit may be issued only once in a one-year period.

Section 2. That § 32-12-12 be amended to read as follows:

32-12-12. A restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all driver's license examination tests and completed the requirements of an instruction permit as outlined in § 32-12-11 and has not been convicted of a traffic violation during the past six months. For any such minor who has successfully completed a driver education class that has been approved by the Division of Education Services and Resources, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days. A restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 8 p.m. standard time if the motor vehicle is being operated with the permission of the minor's parents or guardian and during the hours of 8 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the minor's parent or guardian who is occupying a seat beside the driver. The restrictions as to time of operation and operation under the direction of a parent or guardian do not apply to the holder of a valid restricted minor's permit operating a self-propelled agricultural machine which is not subject to registration under chapter 32-5.

A restricted motorcycle minor's permit may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all driver's motorcycle license examination tests and has not been convicted of a traffic violation during the past six months. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20- 14 and a driver education class that has been approved by the Division Education Services and Resources, the required minimum time period for holding the motorcycle instruction permit to qualify for the restricted minor's permit is thirty continuous days. A restricted motorcycle minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. standard time if the motorcycle is being operated with the permission of the minor's parents or guardian.

Section 3. That § 32-12-17 be amended to read as follows:

32-12-17. The Department of Commerce and Regulation shall, upon payment of the fee established by § 32-12-16, issue to every applicant qualifying therefor an operator's license. An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all driver's license examination tests and completed the requirements of an instruction permit as provided in § 32-12-11, if the applicant has not been convicted of a traffic violation in the past six months, and if the applicant is not currently under suspension, revocation, or disqualification. The license shall bear thereon a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee as a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a color photo and a brief description of the licensee, and the licensee's signature. The department shall indicate upon each driver's license the general class of vehicles which the licensee may drive.

A operator's motorcycle license may be issued, upon application and payment of the proper fee as provided for in § 32-12-16, to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all driver's motorcycle license examination tests and has not been convicted of a traffic violation during the past six months. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Division Education Services and Resources, the required minimum time period for holding the motorcycle instruction permit to qualify for the operator's motorcycle license is thirty continuous days. "

60ftb

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise the provisions for motorcycle instruction permits and to provide for the issuance of restricted motorcycle minor's permits. " .

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 192 and returns the same with the recommendation that said bill be amended as follows:

192se

On page 35 , between lines 9 and 10 of the printed bill , insert:

" (d) A security interest in a snowmobile which attached prior to July 1, 1991, may be perfected by notation on the certificate of title under chapter 32-3 or in accordance with the provisions of chapter 57A-9. "

On page 84 , line 8 , delete " six-month " .

On page 88 , line 12 , after " years " insert " and, for initial financing statements filed before July 1, 1997, the effectiveness of the initial financing statement continues for a period of five years and sixty days, " .

On page 94 , delete line 14 , and insert:

On page 94 , delete line 17 , and insert:

On page 99 , delete lines 1 to 9 , inclusive .

On page 126 , line 20 , after " 2001 " insert " , and on July 1, 2001, chapter 57A-9 is repealed " .

On page 132 , delete line 5 .

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

Respectfully submitted,
Jarvis W. Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that HB 1285 was lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved HB 1195 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 8, 16, 33, and 153.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 71 and has appointed Sens. Brosz, Halverson, and Kloucek as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

The Speaker appointed Reps. Konold, Fiegen, and Wilson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 71.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010, 1029, 1055, 1064, 1065, 1068, 1092, 1108, 1109, 1110, 1112, 1138, 1146, 1167, 1171, 1175, 1187, 1202, 1229, 1238, 1256, 1279, and 1306 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

COMMEMORATIONS

HC 1020 Introduced by: Representatives Hennies, Derby, Duniphan, Eccarius, Fitzgerald, Koehn, Lintz, McCoy, Napoli, and Wilson and Senators Ham, Madden, Shoener, Vitter, and Whiting

A LEGISLATIVE COMMEMORATION, Commending and honoring Dr. Curt Voight, Rapid City, as the 1999-2000 President of the National Association of Secondary School Principals.

WHEREAS, Dr. Voight is the first South Dakota school administrator to serve as the president of a national education association; and

WHEREAS, in the fulfillment of his duties as national president, he has served a membership of middle level and high school principals that exceeds 46,000 and represents more than fifty nations and as an ambassador of secondary education he has visited and spoken to educators in eleven countries and over forty-four cities in thirty states; and

WHEREAS, Dr. Voight has devoted his entire professional career to the education of South Dakota's youth:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that Dr. Curt Voight, as president of the National Association of Secondary School Principals and career school administrator, has brought great recognition and honor, not only to his fellow educators, but also to the entire State of South Dakota.

Rep. Hanson moved that the House do now adjourn, which motion prevailed, and at 3:31 p.m. the House adjourned.

Karen Gerdes, Chief Clerk