JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 22, 2001

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Sara North.

     Roll Call: All members present except Reps. Lange and Valandra 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 eighth 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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
     The oath of office was administered by Speaker Eccarius to the following named pages:
Stacee Bradford, Stefanie Geigle, Dixie Grohs, Janae Herman, Tiffany Jaspers, Melanie Lubinus, Erin Magedanz, Sara North, Laura Ringling, Elizabeth Sanders, Kristin Strohbehn, Roxy Tople, and Christopher Volzke.

    Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill be amended as follows:

1045ob
     On page 1, line 8 of the printed bill, before " engage " insert "knowingly".

     On page 2 , line 18, delete " disseminated " and insert "disclosed".

     On page 5 , delete lines 15 to 17 , inclusive, and insert:

"

     Any person who requests disclosure of personal information from department records to misrepresent his or her identity or to knowingly make a false statement to the department on any application required to be submitted pursuant to this Act is guilty of a Class 5 felony.".

1045fa
     On page 6, after line 1 of the printed bill, insert:

"      Section 10. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     For the purpose of license renewal, any person in possession of a motor vehicle title or license renewal certificate provided by the state or the county may renew the vehicle's registration on behalf of the owner. Presentation of the motor vehicle title or license renewal certificate by anyone other than the owner is deemed consent of the vehicle owner, and any misrepresentation or false statement for license renewal is a violation of this section and is a Class 5 felony.".

1045oe

     In the previously adopted amendment, 1045fa, in the last sentence, delete ", and any misrepresentation or" and insert ". Any person who knowingly misrepresents or makes any".

     In the last sentence, delete "a violation of this section and is" and insert "guilty of".

1045oa
     On page 3, line 11 of the printed bill, delete " written " and insert "express".

1045od

     In the previously adopted amendment 1045fa, delete "Class 5 felony" in the last sentence and insert "Class 1 misdemeanor".

     In the previously adopted amendment, 1045ob, delete "Class 5 felony" in the last sentence and insert "Class 1 misdemeanor".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill be amended as follows:

1076ra

     On page 2, line 10 of the printed bill, delete " six months ninety days " and insert "six months".

     On page 2 , line 13, delete " one year one " and insert "one year".

     On page 2 , line 14, delete " hundred eighty days " .

     On page 2 , delete line 24 .

     On page 2 , delete lines 1 to 14 , inclusive.

     On page 4 , delete lines 9 to 20 , inclusive.

1076rb
     On page 1, line 15 of the printed bill, delete " court-ordered " .

     On page 2 , line 16, delete " court-ordered " .
     On page 3 , line 14, overstrike " court-ordered " .

     On page 4 , line 1, delete " court-ordered " .

1076rta

     On page 1, line 1 of the printed bill, delete " revise certain provisions relating to the suspension and " and insert "permit certain persons whose driving privileges have been suspended or revoked to attend counseling programs.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

1077ra
     On page 3, line 15 of the printed bill, delete " and against any " and insert " , ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1078 and returns the same with the recommendation that said bill be amended as follows:

1078ra
     On page 2, line 17 of the printed bill, delete " and against any " and insert " , ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

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

1079ra
     On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 35-9-6 be amended to read as follows:

     35-9-6.   In any arrest, citation, or prosecution , or adjudication arising from a violation of §   35-9-2, if the person is apprehended for:

             (1)      The purchase or attempted purchase of alcoholic beverages, the situs venue is the locality where the purchase or attempted purchase occurred;

             (2)      The possession or consumption of alcoholic beverages, the situs venue is the locality where the person was apprehended or any other locality where the person possessed or consumed any portion of the alcoholic beverages.

     Section 2. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

     In any juvenile adjudication arising from a violation of §  35-9-2, if the person is apprehended for:

             (1)    The purchase or attempted purchase of alcoholic beverages, the venue is the locality where the purchase or attempted purchase occurred or the juvenile's county of residence;

             (2)    The possession or consumption of alcoholic beverages, the venue is the locality where the juvenile was apprehended or any other locality where the juvenile possessed or consumed any portion of the alcoholic beverages or the juvenile's county of residence."

1079rta

     On page 1, line 1 of the printed bill, delete " repeal certain provisions that determine the situs " and insert "determine the venue".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill be amended as follows:

1075ra
     On page 1, line 11 of the printed bill, after " courts " insert " , ".

     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 transmit herewith SB 2, 5, 6, 26, 28, 32, 33, and 56 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001   Introduced by:  Representatives Smidt, Eccarius, Flowers, Hansen (Tom), and Pitts and Senators Volesky, Brown (Arnold), and Diedrich (Larry)

         A CONCURRENT RESOLUTION,  Endorsing and promoting a statewide mentoring association.

     WHEREAS,  numerous studies have shown that mentoring is an important and highly effective method to help youth-at-risk; and

     WHEREAS,  while South Dakota has a number of successful local mentoring programs, the state has a need to establish mentoring programs statewide; and

     WHEREAS,  the communities of Aberdeen, Brookings, Chamberlain, Huron, Milbank, Mitchell, Pierre, Rapid City, and Winner have already established mentoring programs:

     WHEREAS,  the South Dakota Legislature recognizes the importance of a statewide mentoring program; and

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature endorses and supports the development of a statewide mentoring association.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Health and Human Services on HB 1027 as found on pages 106 and 107 of the House Journal ; also

     Health and Human Services on HB 1029 as found on page 107 of the House Journal ; also

     State Affairs on HB 1059 as found on pages 107 and 108 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1104   Introduced by:  Representatives Peterson (Jim), Begalka, Burg, Flowers, Hargens, Holbeck, Hundstad, Koistinen, Nachtigal, Sigdestad, Slaughter, and Van Gerpen and Senators Symens, Diedrich (Larry), McIntyre, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require that certain state vehicles be equipped as flexible fuel vehicles.

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

     HB 1105   Introduced by:  Representatives Peterson (Jim), Begalka, Burg, Flowers, Fryslie, Hargens, Holbeck, Hundstad, Koistinen, Nachtigal, Sigdestad, Slaughter, and Van Gerpen and Senators Symens, McIntyre, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require the use of ethanol fuel in certain state vehicles.

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

     HB 1106   Introduced by:  Representatives Napoli, Brown (Richard), Klaudt, Kooistra, McCoy, Michels, and Olson (Mel) and Senators Hainje, Brown (Arnold), Daugaard, de Hueck, Everist, Koetzle, Staggers, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the classes of investments available for state funds.

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

     HB 1107   Introduced by:  Representatives Brown (Richard), Davis, Hennies (Don), Hennies (Thomas), Kooistra, Lange, Olson (Mel), and Slaughter and Senators Brown (Arnold), Hainje, Olson (Ed), and Reedy

       FOR AN ACT ENTITLED, An Act to   create the South Dakota senior citizen pharmaceutical assistance program and to provide an appropriation therefor.

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


     HB 1108   Introduced by:  Representatives Hennies (Thomas), Adelstein, Derby, Hennies (Don), Lintz, and McCoy and Senators Ham, Madden, McCracken, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the definition of local effort in the state aid to education formula.

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

     HB 1109   Introduced by:  Representatives Hennies (Thomas), Bartling, Burg, Clark, Frost, Garnos, Hunhoff, Jensen, McCaulley, Rhoden, and Slaughter and Senators Albers, Diedtrich (Elmer), McCracken, Putnam, and Vitter

       FOR AN ACT ENTITLED, An Act to   permit the detention in an adult jail of certain juveniles convicted as adults.

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

     HB 1110   Introduced by:  Representatives Hennies (Thomas), Bartling, Burg, Clark, Frost, Garnos, Hunhoff, Jensen, McCaulley, Rhoden, and Slaughter and Senators Albers, Diedtrich (Elmer), McCracken, Putnam, and Vitter

       FOR AN ACT ENTITLED, An Act to   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

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

     HB 1111   Introduced by:  Representatives McCaulley, Begalka, Eccarius, Frost, Garnos, Hennies (Don), Jaspers, Jensen, Juhnke, Koistinen, Lintz, McCoy, Monroe, Napoli, Smidt, and Wick and Senators Greenfield, Apa, Diedtrich (Elmer), McCracken, and Staggers

       FOR AN ACT ENTITLED, An Act to   allow certain persons to teach secondary education without a teaching certificate.

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

     HB 1112   Introduced by:  Representatives Pitts, Fryslie, and Smidt and Senators Olson (Ed) and Brown (Arnold)

       FOR AN ACT ENTITLED, An Act to   revise school district inventory procedures.

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

     HB 1113   Introduced by:  Representatives Pitts, Fryslie, and Smidt and Senators Olson (Ed) and Brown (Arnold)

       FOR AN ACT ENTITLED, An Act to   revise payment methods for school districts.

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

     HB 1114   Introduced by:  Representatives Michels, Broderick, Brown (Richard), Duniphan, Elliott, Hennies (Thomas), Holbeck, Hunhoff, Kooistra, Murschel, and Smidt and Senators Munson, Hutmacher, Moore, Olson (Ed), Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain voting and participation requirements related to bond issues involving two or more political subdivisions.

     Was read the first time and referred to the Committee on Local Government.

     HB 1115   Introduced by:  Representatives Frost, Elliott, Hansen (Tom), Hundstad, and Sutton (Duane) and Senators Diedtrich (Elmer) and Dennert

       FOR AN ACT ENTITLED, An Act to   prohibit smoking in certain public places.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1040:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the applicability of managed care statutes and managed care mediation requirements and to require certain impartial mediation provisions.

     Was read the second time.

     The question being "Shall HB 1040 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Lange; Richter; Valandra

     Absent:
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.

     HB 1028:   FOR AN ACT ENTITLED, An Act to   revise the composition of the review panel of interpreters for the deaf and hard of hearing.

     Was read the second time.

     The question being "Shall HB 1028 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Lange; Richter; Valandra

     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 1066:   FOR AN ACT ENTITLED, An Act to   complete the transfer of state radio services from the Office of the Attorney General to the Bureau of Information and Telecommunications.

     Was read the second time.

     The question being "Shall HB 1066 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Hennies (Thomas); Lange; Richter; Valandra

     Absent:
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.

HONORED GUESTS


     Rep. Garnos   introduced the 2000-2001 South Dakota Easter Seals family of the year, Connor Fogal and his parents, Russ and Teri Fogal, Ft. Pierre, SD.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1008:   FOR AN ACT ENTITLED, An Act to   restrict certain school district transfers.

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

     The question being on Rep. Mel Olson's pending motion to amend HB 1008 as found on page 91 of the House Journal.


     Which motion lost.

     The question being "Shall HB 1008 pass?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Jaspers; Jensen; Juhnke; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Clark; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Klaudt; Kloucek; Kooistra; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Van Norman

     Excused:
Lange; Valandra

     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 1069:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to school consolidation.

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

1069xa

     Rep. Garnos moved that HB 1069 be amended as follows:

     On page 1, line 4 of the printed bill, after " consolidate " insert " and at least one of those district's calculated state aid pursuant to this chapter was zero dollars in the fiscal year immediately preceding the fiscal year in which the consolidation takes effect ".

     On page 1 , line 14, delete " No school district may benefit from this section more than once. " .

     Which motion prevailed and HB 1069 was so amended.

     The question being "Shall HB 1069 pass as amended?"

     And the roll being called:


     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Flowers; Kloucek; Nachtigal; Peterson (Jim); Sigdestad; Van Etten

     Excused:
Lange; Valandra

     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 1061:   FOR AN ACT ENTITLED, An Act to   prohibit certain persons from applying for a hunting, fishing, or trapping license, to provide for an automatic revocation of any such license or privilege, and to provide for a penalty for a violation thereof.

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

1061oa

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

     On page 1, line 7 of the House Judiciary Committee engrossed bill, after " judgment " insert "obtained after July 1, 2001,".

     On page 1 , line 9, after " license. " insert "This section does not apply unless the person has been provided, prior to the entry of the judgment, written notice of this section and the penalty provided by this section.".

1061ta

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

     On page 1, line 7 of the House Judiciary Committee engrossed bill, after " judgement " insert "obtained after July 1, 2001,".
     On page 1 , line 9, after " license. " insert "This section does not apply unless the person has been provided, by certified letter with restricted delivery and return receipt, before the entry of the judgement, written notice of this section and the penalty provided by this section.".

     Which motion lost.

    The question being on Rep. Gillespie's motion to amend HB 1061.

     Which motion lost.

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

     And the roll being called:

     Yeas 55, Nays 12, Excused 2, Absent 1

     Yeas:
Abdallah; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Davis; Flowers; Gillespie; Hargens; Hundstad; Kloucek; Nachtigal; Nesselhuf; Sigdestad; Van Norman

     Excused:
Lange; Valandra

     Absent:
Adelstein

     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 1022:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to construct prison industries buildings at the South Dakota State Penitentiary, the Jameson Prison Annex, and the Mike Durfee State Prison, and to make an appropriation therefor.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1022 be deferred to Tuesday, January 23rd, the 10th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1023:   FOR AN ACT ENTITLED, An Act to   provide for abuse and neglect screening through the Department of Social Services central registry for certain Department of Corrections employees.

     Was read the second time.

     The question being "Shall HB 1023 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Monroe

     Excused:
Lange; Valandra

     Absent:
Flowers

     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 1024:   FOR AN ACT ENTITLED, An Act to   authorize the release of certain information about adult inmates and parolees to victims, the community, and governmental entities.

     Was read the second time.

1024of

     Rep. Richard Brown moved that HB 1024 be amended as follows:
     On page 3, line 21 of the House State Affairs Committee engrossed bill, after " status; " insert " and ".

     On page 3 , line 22, delete " ; and " and insert " . ".

     On page 3 , delete line 23 .

     Which motion prevailed and HB 1024 was so amended.

1024ra

     Rep. Thomas Hennies moved that HB 1024 be further amended as follows:

     On page 4 of the House State Affairs Committee engrossed bill, delete lines 4 to 10 , inclusive.

    Rep. Jaspers moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Thomas Hennies' motion that HB 1024 be amended.

     And the roll being called:

     Yeas 47, Nays 21, Excused 2, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Kloucek; Kooistra; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman

     Nays:
Adelstein; Broderick; Duenwald; Duniphan; Heineman; Jaspers; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Peterson (Bill); Smidt; Solum; Wick; Speaker Eccarius

     Excused:
Lange; Valandra

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1024 was so amended.


     The question being "Shall HB 1024 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Lange; Valandra

     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 1062:   FOR AN ACT ENTITLED, An Act to   revise the requirement that holders of a license issued by the Department of Game, Fish and Parks exhibit the license or authorization on request and to require that certain persons also exhibit photo identification to certain law enforcement officers.

     Was read the second time.

     Rep. Rhoden moved that HB 1062 be deferred to Thursday, January 25th, the 12th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1063:   FOR AN ACT ENTITLED, An Act to   revise the time required for removal of an ice house from public waters of the state and to revise the time that failure to remove the ice house is deemed abandonment.

     Was read the second time.

     The question being "Shall HB 1063 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 2, Absent 1


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek

     Excused:
Lange; Valandra

     Absent:
Peterson (Bill)

     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 1001:   FOR AN ACT ENTITLED, An Act to   revise certain sales and use tax provisions.

     Was read the second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Klaudt

     Excused:
Lange; Valandra

     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 1047:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding leased or rented boats, to revise certain provisions regarding boat license tags, and to revise certain provisions regarding the exemptions from the excise tax on boats.

     Was read the second time.

     The question being "Shall HB 1047 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Lange; Valandra

     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 1070:   FOR AN ACT ENTITLED, An Act to   allow vendors to sell soft drinks or other concessions on school property.

     Was read the second time.

     The question being "Shall HB 1070 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Clark; Kooistra; Van Norman

     Excused:
Lange; Valandra

     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 1026:   FOR AN ACT ENTITLED, An Act to   provide rule-making authority for certain fees for the certification of interpreters for the deaf.

     Was read the second time.

     The question being "Shall HB 1026 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek; Napoli

     Excused:
Lange; Valandra

     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 1030:   FOR AN ACT ENTITLED, An Act to   revise the rehabilitation services provided at public cost to disabled and visually impaired persons based on economic need to include postsecondary tuition and fees.

     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Burg; Davis; Elliott; Hargens; Koistinen; Olson (Mel); Peterson (Jim); Sigdestad; Van Norman

     Excused:
Lange; Valandra

     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 HB 1013 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The on Transportation respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

1081fa
     On page 1, line 6 of the printed bill, delete " supplemental " and insert "proper".

     On page 1 , delete lines 9 to 15 , inclusive.

     On page 2 , delete line 1 .

1081fta
     On page 1, line 1 of the printed bill, delete " supplemental " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1012 which was deferred to the 41st Legislative Day.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 2:   FOR AN ACT ENTITLED, An Act to   prohibit employers from obtaining, seeking, or using genetic information.

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

     SB 5:   FOR AN ACT ENTITLED, An Act to   revise certain voting qualifications in municipal and school district elections.

     Was read the first time and referred to the Committee on Local Government.

     SB 6:   FOR AN ACT ENTITLED, An Act to   require the notification to the secretary of state of the nomination of certain convention nominees and of the election of certain party officials.

     Was read the first time and referred to the Committee on Local Government.

     SB 26:   FOR AN ACT ENTITLED, An Act to   eliminate the South Dakota Farm Loan Mediation Board and transfer program authority to the secretary of agriculture, to provide civil liability immunity for certain agricultural finance counselors, and to authorize the department to contract with businesses for mediation services.

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

     SB 28:   FOR AN ACT ENTITLED, An Act to   authorize South Dakota to participate in the revised Interstate Compact for Adult Offender Supervision.

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

     SB 32:   FOR AN ACT ENTITLED, An Act to   revise the notice of hearing requirements pertaining to costs on petitions for authority to administer psychotropic medication.

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

     SB 33:   FOR AN ACT ENTITLED, An Act to   proscribe the crime of assisting in the escape of an involuntarily committed person from the South Dakota Human Services Center or the South Dakota Developmental Center and to provide penalties therefor.

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

     SB 56:   FOR AN ACT ENTITLED, An Act to   revise the definitions of big game and small game.

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

     Rep. Duane Sutton moved that the House do now adjourn, which motion prevailed and at 3:57 p.m. the House adjourned.

Karen Gerdes, Chief Clerk