JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 23, 2001

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by House page Stefanie Geigle.

     Roll Call: All members present.

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 ninth day and finds the following correction should be made:

    On page 125, line 23, delete "2" and insert "3".

     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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1095 and SB 54 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 Local Government respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

1087fa
     On page 2, after line 22 of the printed bill, insert:

"      Section 7. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:

     After the creation of a road district, minor adjustments to the boundaries of the district may be made by the directors, without referendum. Such adjustments may not delete lands from the district that have been subject to a special assessment during the budget year or the current year and such adjustments may not include additional land in the district without the written approval of the owner of the land.

     Section 8. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:

     An additional area may be annexed or an area withdrawn from a road district by:

             (1)      Circulation of an initiating petition therefor by the qualified voters in the new area and in the existing district, similar to an initiating petition specified in this chapter; or

             (2)      Circulation of an initiating petition by the qualified voters in the affected area and passage of a resolution therefor by the directors of the road district.

     Upon receipt of an initiating petition and passage of a resolution by the directors, the area shall be annexed or withdrawn in the same manner as prescribed for creation of a new road project district.".

1087fta

     On page 1, line 1 of the printed bill, after " consolidation " insert "and annexation".
     And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill be amended as follows:

1072ta

     On page 1, line 10 of the printed bill, delete " or buffalo " and insert " buffalo, or captive nondomestic elk ".

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

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1083 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 Commerce respectfully reports that it has had under consideration HB 1082 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1080 and SB 65 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 45, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

45fd

     On page 1, line 12 of the printed bill, after " issued. " insert " Such hearing may be held by telecommunications technologies. ".

     And that as so amended said bill do pass.

Respectfully submitted,
Richard "Dick" E. Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 7 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Endorsing and promoting a statewide mentoring association.

     Rep. Smidt moved that HCR 1001 as found on page 128 of the House Journal be adopted.

     The question being on Rep. Smidt's motion that HCR 1001 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 1, Absent 2

     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; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Clark

     Absent:
Jaspers; Richter

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.

     SCR 1:   A CONCURRENT RESOLUTION,   Appointing Mr. Marty Guindon of Pierre, South Dakota, to the office of Auditor-General.

     Rep. Smidt moved that SCR 1 as found on page 16 of the Senate Journal be concurred in.

     The question being on Rep. Smidt's motion that SCR 1 be concurred in.

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, 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; Lange; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Absent:
Jaspers

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

     HCR 1002   Introduced by:  Representatives Frost, Duniphan, Hansen (Tom), Jaspers, Jensen, McCaulley, Rhoden, Slaughter, Sutton (Duane), and Teupel and Senator Diedtrich (Elmer)

         A CONCURRENT RESOLUTION,  Petitioning South Dakota's United States Senators to vote in favor of the confirmation of Attorney General nominee John Ashcroft.

     WHEREAS,  John Ashcroft was a law professor and a respected and successful attorney general for nine years in Missouri; and

     WHEREAS,  his outstanding performance as state attorney general earned him the position as head of the National Association of Attorneys General; and

     WHEREAS,  during his tenure in the United States Senate, John Ashcroft served on the Judiciary Committee and chaired the Judiciary Subcommittee on the Constitution; and

     WHEREAS,  as Governor of Missouri, John Ashcroft appointed the first African-American judge to the Western Missouri Court of Appeals in Kansas City, Missouri's second highest court; and

     WHEREAS,  John Ashcroft was commended by St. Louis's Black Bar Association for diversity in appointments to the bench; and

     WHEREAS,  while Governor of Missouri, John Ashcroft signed into law Missouri's first hate-crimes statute and instituted a state holiday honoring Martin Luther King's birthday; and

     WHEREAS,  while Governor of Missouri, John Ashcroft named the first woman to the Missouri Supreme Court; and

     WHEREAS,  John Ashcroft led the fight to save Lincoln College, which was founded by African-American soldiers; and

     WHEREAS,  as a United States Senator, John Ashcroft earned the trust and admiration of his colleagues from both parties; and

     WHEREAS,  the integrity, experience, and qualifications of John Ashcroft are unquestioned:

     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 United States Senators, Thomas Daschle and Tim Johnson, are hereby requested to vote in favor of the appointment of John Ashcroft to Attorney General of the United States.

     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

     State Affairs on HB 1045 as found on pages 124 and 125 of the House Journal ; also

     Judiciary on HB 1076 as found on pages 125 and 126 of the House Journal ; also

     Judiciary on HB 1077 as found on page 126 of the House Journal ; also

     Judiciary on HB 1078 as found on page 126 of the House Journal ; also

     Judiciary on HB 1079 as found on pages 126 and 127 of the House Journal ; also

     Judiciary on HB 1075 as found on page 127 of the House Journal ; also

     Transportation on HB 1081 as found on page 144 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1116   Introduced by:  Representatives Broderick, Abdallah, Adelstein, Brown (Richard), Flowers, Garnos, Hennies (Don), Hennies (Thomas), Juhnke, Konold, McCoy, Monroe, Pederson (Gordon), Smidt, Solum, Valandra, and Wick and Senators Vitter, Brosz, Daugaard, Diedtrich (Elmer), Duxbury, Everist, Hutmacher, McCracken, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require that certain vehicles and equipment used for construction be registered.

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

     HB 1117   Introduced by:  Representatives Napoli, Begalka, Brown (Richard), Duniphan, Hennies (Thomas), Klaudt, Kloucek, Kooistra, Lintz, Madsen, McCaulley, McCoy, Pederson (Gordon), Rhoden, Slaughter, and Van Gerpen and Senators Moore, Apa, Daugaard, Diedtrich (Elmer), Hutmacher, McCracken, Olson (Ed), and Volesky

       FOR AN ACT ENTITLED, An Act to   provide for the issuance of a motor vehicle title under certain conditions to a person who has repaired a motor vehicle and has not been paid.

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

     HB 1118   Introduced by:  Representatives Abdallah, Broderick, Brown (Jarvis), Brown (Richard), Clark, Duenwald, Duniphan, Heineman, Hennies (Thomas), Holbeck, Konold, Kooistra, Madsen, McCaulley, Monroe, Murschel, Pederson (Gordon), Peterson (Bill), Richter, Sebert, Smidt, Solum, Teupel, Van Etten, and Van Gerpen and Senators Albers, Munson, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

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

     HB 1119   Introduced by:  Representatives Abdallah, Broderick, Flowers, McCaulley, Napoli, and Pederson (Gordon) and Senators Munson, Albers, Diedrich (Larry), Moore, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize certain vehicles in the possession of a dealer's car auction agency to be moved with a permit.

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

     HB 1120   Introduced by:  Representative Hennies (Thomas)

       FOR AN ACT ENTITLED, An Act to   allow a medical necessity to be used as a defense in certain cases involving the possession or use of marijuana.

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

     HB 1121   Introduced by:  Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Elliott, Flowers, Hanson (Gary), Hargens, Hundstad, Nachtigal, Nesselhuf, Peterson (Jim), and Sigdestad and Senators Koetzle, Dennert, Duxbury, Hutmacher, McIntyre, Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for implied covenants of good faith and fair dealing in certain employment contracts.

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

     HB 1122   Introduced by:  Representatives Brown (Jarvis), Bartling, Flowers, Garnos, Hennies (Thomas), Jaspers, Juhnke, Lintz, Napoli, and Slaughter and Senators de Hueck, Hagen, Koetzle, Putnam, Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   modify the time required for a temporary custody hearing to be held in certain juvenile legal proceedings.

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

     HB 1123   Introduced by:  Representatives Jaspers, Brown (Jarvis), Hanson (Gary), and Sigdestad and Senators Olson (Ed), Ham, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   repeal the requirement that school districts consist of adjoining territory.

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

     HB 1124   Introduced by:  Representatives Fryslie, Bartling, Flowers, Hanson (Gary), Jaspers, Lange, and Pitts and Senators Albers, Diedtrich (Elmer), and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to township financial reports.

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

     HB 1125   Introduced by:  Representatives Hanson (Gary), Burg, Duenwald, Flowers, Fryslie, Lintz, and Sigdestad and Senators Symens, McIntyre, and Moore

       FOR AN ACT ENTITLED, An Act to   provide for additional nonresident waterfowl licenses for certain areas of the state.

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

     HB 1126   Introduced by:  Representatives Duenwald, Abdallah, Duniphan, Monroe, Sebert, and Van Etten and Senators Daugaard, Albers, Madden, and Vitter

       FOR AN ACT ENTITLED, An Act to   require any driver involved in a fatal traffic accident to submit to a chemical test.

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

     HB 1127   Introduced by:  Representatives Duenwald, Bartling, Brown (Jarvis), Garnos, Juhnke, and Slaughter and Senators Drake, Brosz, de Hueck, Hutmacher, Koskan, McIntyre, Putnam, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   modify the procedure for the remittance of the 911 surcharge.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1027:   FOR AN ACT ENTITLED, An Act to   repeal the composition requirements of the Board of Vocational Rehabilitation.

     Was read the second time.

     The question being "Shall HB 1027 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Nesselhuf

     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 1029:   FOR AN ACT ENTITLED, An Act to   abolish the Board of Service to the Blind and Visually Impaired.

     Was read the second time.

     The question being "Shall HB 1029 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, 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; Lange; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1051:   FOR AN ACT ENTITLED, An Act to   increase the punishment for felony child abuse of a child under seven years of age and to designate the offense as a crime of violence.

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

     Rep. Nachtigal moved that HB 1051 be deferred to Friday, January 26th, the 13th legislative day.

     Which motion lost.

     The question being "Shall HB 1051 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; 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; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Frost; Nachtigal

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

     HB 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.

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

1022ob

     Rep. Van Gerpen moved that HB 1022 be amended as follows:

     On page 2, after line 4 of the House State Affairs Committee engrossed bill, insert:

"      Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


     Which motion prevailed and HB 1022 was so amended.

     The question being "Shall HB 1022 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, 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; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Olson (Mel); Sutton (Duane)

     Excused:
Sigdestad

     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. Van Gerpen moved that the title to HB 1022 be amended as follows:

     On page 1 , line 3 of the House State Affairs Committee engrossed bill, before " to " delete " and " .

     On page 1 , line 3, after " therefor " insert ", and to declare an emergency".

     Which motion prevailed and the title was so amended.

     HB 1059:   FOR AN ACT ENTITLED, An Act to   continue a surcharge on certain hunting licenses and to continuously appropriate the money for certain purposes.

     Was read the second time.

     The question being "Shall HB 1059 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); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Hanson (Gary); Sigdestad

     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 1013:   FOR AN ACT ENTITLED, An Act to   authorize commercial motor vehicle drivers to temporarily rest at interstate rest areas for a longer period of time.

     Was read the second time.

     The question being "Shall HB 1013 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; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Pederson (Gordon)

     Excused:
Hanson (Gary); Sigdestad

     Absent:
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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 7:   FOR AN ACT ENTITLED, An Act to   revise the dates for filing certain certificates of nomination.

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

COMMEMORATIONS


     HC 1002   Introduced by:  Representatives Kloucek, Bartling, Gillespie, Hargens, McCoy, Michels, Nachtigal, Nesselhuf, Sigdestad, and Van Gerpen and Senators Putnam, Hutmacher, Koetzle, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), and Vitter

         A LEGISLATIVE COMMEMORATION,  Honoring the 2000 Tripp-Delmont Wildcats High School basketball team and the students and staff involved in the basketball program.

     WHEREAS,  the 2000 Tripp-Delmont Wildcats High School basketball team won the South Dakota State Class B Basketball Championship with a 22-2 record by virtue of outstanding character, dedication to excellence, and perseverance on and off the court; and
     WHEREAS,  the Tripp-Delmont Wildcats High School basketball team received superior wisdom and superb leadership guidance from head coach Dan Sabers and assistant coach Steve Benson; and

     WHEREAS,  the First Team All-Stater and "Spirit of Sue" recipient, Jared Reiner, was named to the all-tournament team along with teammate Dave Crichton; and

     WHEREAS,  fellow teammates Tom Schelske, Adam Schwaderer, Brooks Friederich, Jared Horn, Tyson Goehring, Chad Bietz, Mike Schelske, Steve Hale, Steve Fideler, Joe Stoebner, and Nathan Harrington contributed to the success of an outstanding season by displaying exceptional performances and dedication during the 2000 season:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that the Tripp-Delmont Wildcats High School basketball team be recognized for their excellence in athletics and academics for the 1999-2000 school year.

     Rep. Michels moved that the House do now adjourn, which motion prevailed and at 3:11 p.m. the House adjourned.

Karen Gerdes, Chief Clerk