JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TWELFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 25, 2001

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Laura Ringling.

     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 eleventh day.

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

    The following correction should be made in the House Journal of the tenth day:

    On page 156, delete lines 21 and 22 and insert:

     "HB 1029   :   FOR AN ACT ENTITLED, An Act to   allow for a change in the composition of the Board of Service to the Blind and Visually Impaired and to repeal certain functions of the board."

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair
     Which motion prevailed and the report was adopted.


HONORED GUESTS


     Speaker Eccarius   introduced Elizabeth (Betsy) Hart, South Dakota Girls' State Governor from Rapid City, SD, and Spencer Crawford, South Dakota Boys' State Governor from Rapid City, SD.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060ra
     On page 2, line 4 of the printed bill, after " daily " insert " or ".

1060rb
     On page 1 of the printed bill, delete lines 5 to 15 , inclusive, and insert:

"      41-1-5.1.   Any person , other than a minor under the age of sixteen years , who willfully and unlawfully kills, destroys, takes, or possesses in this state any wild animal designated by this section :

             (1)    Without an applicable and valid big game or small game license; or

             (2)    At a time or place when and where taking or possession of such regulated wild animal is prohibited; or

             (3)    In excess of the legal limit of big game if exceeded by one or more; or

             (4)    In excess of the legal daily or possession limit of small game or fish if exceeded by two or more;

is liable to the state for civil damages , which are .

     The civil damages are five thousand dollars for each elk, mountain lion, or buffalo; ten thousand dollars for each mountain goat or mountain sheep; one thousand dollars for each deer, antelope, or bobcat ; two hundred dollars for each turkey; two hundred dollars for each paddlefish; one hundred dollars for each species of small game; and fifty dollars for each fish for any species, other than paddlefish, with an established daily limit of less than twenty-five. ".

     On page 2 , delete lines 1 to 3 , inclusive.

     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 1101 and returns the same with the recommendation that said bill be amended as follows:

1101ra

     On page 1, line 7 of the printed bill, overstrike " on the subsequent conviction " .

     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 1091 and returns the same with the recommendation that said bill be amended as follows:

1091ra

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

     On page 1 , line 10, delete " and " and insert " or ".

     And that as so amended 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 HB 1092 and returns the same with the recommendation that said bill be amended as follows:

1092ra

     On page 2, line 19 of the printed bill, delete " any such plant " and insert " the substance, marijuana, ".

     And that as so amended 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 HB 1098 and tables the same.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1097 and 1100 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

1005ta

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

"      Section  1.  That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

     No person may discharge a firearm while on any public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on the public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor."

1005tta

     On page 1 , line 1, delete everything after " to " and insert "prohibit the discharge of a firearm within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or certain livestock while on certain public waters, and to provide a penalty.".

     On page 1 , delete lines 2 and 3 .

     And that as so amended said bill do pass.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1093 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 1043 and returns the same with the recommendation that said bill be amended as follows:

1043dd

     On page 1, line 5 of the printed bill, after " Governor " insert “and the appropriate county commission”.

     And that as so amended 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 1094 and returns the same with the recommendation that said bill be amended as follows:

1094ja
     On page 2, line 11 of the printed bill, delete " and casualty " .

     On page 2 , line 12, delete " and casualty " .

     On page 3 , line 5, delete " and casualty " .

     On page 3 , line 10, delete " and casualty " .

     On page 3 , line 15, delete " and casualty " .

     On page 3 , line 17, delete " and casualty " .

     On page 3 , line 22, delete " and casualty " .

     On page 4 , line 4, delete " and casualty " .

     On page 4 , delete lines 11 to 13 , inclusive.

1094jta
     On page 1, line 2 of the printed bill, delete " and to declare an emergency " .

     And that as so amended 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 SB 41 and returns the same with the recommendation that said bill be amended as follows:

41ja

     On page 1, line 6 of the printed bill, delete " Pursuant to chapter 1-26, the " and insert "The".

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

Respectfully submitted,
Jarvis Brown, Acting Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 6 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 5 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 Local Government respectfully reports that it has had under consideration HB 1085 and returns the same with the recommendation that said bill be amended as follows:

1085fb
     On the printed bill, delete everything after the enacting clause and insert:

     " Section  2.  That chapter 49-7A be amended by adding thereto a NEW SECTION to read as follows:

    
     No operator may be billed for the costs of any notification of excavation if the location of the excavation described in the notice pursuant to §  49-7A-6 is different than the one call center's record of the description of the location of the operator's underground facilities."

1085fta

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "define whether an operator is subject to pay the cost of certain notifications from the one-call notification system.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1114 which was deferred to the 41st Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1049 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 15, 16, 18, 27, 38, and 55 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Jarvis Brown moved that SB 2 be referred from the Committee on Judiciary to the Committee on Commerce.

     Which motion prevailed and the bill was so referred.

     Yesterday, Rep. Richter announced his intention to reconsider the vote by which HB 1081 was lost.

     No member moved to reconsider the vote by which HB 1081 was lost.

     HCR 1003   Introduced by:  Representatives Jaspers, Duenwald, Flowers, Hanson (Gary), Hargens, Jensen, Juhnke, and Pederson (Gordon) and Senators Diedrich (Larry), Bogue, Dennert, Drake, Duxbury, Greenfield, Hainje, and Symens

         A CONCURRENT RESOLUTION,  Expressing support for agricultural biotechnology.
     WHEREAS,  advances in molecular biology have resulted in what is known as recombinant DNA technology or "genetic engineering" with the ability to more quickly move genetic material between organisms than we could in the past; and

     WHEREAS,  biotechnology refers to this technique that uses living organisms or parts thereof to make or modify a product or plants, animals, or microorganisms for specific uses; and

     WHEREAS,  traditional biotechnology, breeding and selection, has been used by humankind for thousands of years for the improvement of plants, animals, and microorganisms; and

     WHEREAS,  biotechnology research is now being used to increase the productivity of crops and livestock, to improve the quality of life by developing new high-yielding crops that require fewer inputs and conserve natural resources in order to increase the food supply for the increasing human population, to produce more nutritious foods with longer shelf lives, and to continue to provide consumers with high-quality, low-cost food products; and

     WHEREAS,  federal law requires that all foods and food ingredients, including those produced by biotechnology, be extensively reviewed for safety by the United States Food and Drug Administration and meet the provision of the Federal Food, Drug, and Cosmetics Act before they can be sold to consumers and any changes to a food product that alters the chemical, nutritional, or allergenicity of that product must be disclosed to the consumer of the product; and

     WHEREAS,  a September 1999 Gallup Poll found that Americans most familiar with modern biotechnology are also the most supportive of its use to improve our food supply and that more than three-fourths of Americans are confident in the federal government to ensure the safety of the nation's food supply; and

     WHEREAS,  a multitude of eminent scientists and universities across the world have pledged their support for current and future applications from biotechnology for the protection of and improvements to human and environmental health:

     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:

             (1)    Believes that further advances in modern biotechnology may result in improved crops, for example, that combat vitamin and mineral deficiencies that afflict hundreds of millions of people worldwide or that can be used to produce life-saving vaccines and biodegradable plastics;

             (2)    Supports the responsible use of biotechnology to benefit people in the state, the nation, and the world, and the global environment through high-yield agricultural production;

             (3)    Believes that discoveries made in biotechnology can significantly enhance our quality of life, from the medicines we use, to the food we eat, to the environment in which we live;
             (4)    Acknowledges and recognizes that federal oversight by the United States Environmental Protection Agency, United States Department of Agriculture, and the Food and Drug Administration over foods and food ingredients, whether produced by biotechnology or conventional means is necessary and effective in ensuring and maintaining a safe and stable food supply;

             (5)    Recognizes that biotechnology is a rapidly developing field and that it will be appropriate to periodically review federal regulatory activities; and

             (6)    Supports public dialogue on the concerns surrounding biotechnology.

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

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 26th, the 13th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Education on HB 1004 as found on pages 164 and 165 of the House Journal ; also

     Health and Human Services on HB 1025 as found on pages 165 and 166 of the House Journal ; also

     Transportation on HB 1046 as found on pages 166 and 167 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1163   Introduced by:  Representatives Kloucek, Bartling, Begalka, Bradford, Burg, Elliott, Flowers, Frost, Hanson (Gary), Hargens, Hundstad, Jensen, Kooistra, Lange, McCoy, Nachtigal, Nesselhuf, Peterson (Jim), Rhoden, Sigdestad, Valandra, and Van Norman and Senators Staggers, Apa, Dennert, Koetzle, McIntyre, Reedy, and Volesky

       FOR AN ACT ENTITLED, An Act to   exempt the gross receipts from veterinarian services, animal specialty services, livestock semen, certain transportation services, certain auctions, and newspaper subscriptions from sales and use tax.

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


     HB 1164   Introduced by:  Representatives Kloucek, Lange, and Nachtigal and Senators Volesky, Dennert, McIntyre, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain entrance fees for state parks and recreation areas.

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

     HB 1165   Introduced by:  Representatives Kloucek and Hargens and Senator Hutmacher

       FOR AN ACT ENTITLED, An Act to   establish certain girls' high school athletic seasons.

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

     HB 1166   Introduced by:  Representatives Kloucek and Napoli and Senator Putnam

       FOR AN ACT ENTITLED, An Act to   prohibit local regulation of certain motor vehicle exhaust brake systems.

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

     HB 1167   Introduced by:  Representatives Kloucek, Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hargens, Hundstad, Jensen, Kooistra, Nachtigal, Nesselhuf, Sigdestad, and Sutton (Duane) and Senators Volesky, Dennert, Duxbury, Hutmacher, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   place certain requirements on sales of prescription drugs.

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

     HB 1168   Introduced by:  Representatives Garnos, Brown (Jarvis), Davis, Hennies (Thomas), Holbeck, Koistinen, Kooistra, Monroe, and Nachtigal and Senators Sutton (Dan), Brosz, and McIntyre

       FOR AN ACT ENTITLED, An Act to   award grants to certain school districts.

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

     HB 1169   Introduced by:  Representatives Jaspers, Begalka, Duenwald, Flowers, Hanson (Gary), Hargens, Jensen, Juhnke, and Pederson (Gordon) and Senators Diedrich (Larry), Dennert, Drake, Duxbury, Greenfield, Hainje, and Symens

       FOR AN ACT ENTITLED, An Act to   establish a penalty for the destruction of certain field crop products.

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

     HB 1170   Introduced by:  Representatives Jaspers, Abdallah, Duenwald, Hanson (Gary), Hennies (Thomas), Jensen, Juhnke, McCaulley, and Pederson (Gordon) and Senators Diedrich (Larry), Dennert, Drake, Duxbury, Greenfield, Hainje, and Symens

       FOR AN ACT ENTITLED, An Act to   prohibit the tampering with anhydrous ammonia and to provide a penalty for a violation thereof.

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

     HB 1171   Introduced by:  Representatives Richter, Brown (Richard), Duniphan, Elliott, Kooistra, and Teupel and Senators Olson (Ed), Hutmacher, Koetzle, McIntyre, Moore, and Symens

       FOR AN ACT ENTITLED, An Act to   provide funding to school districts for operating a school term greater than one hundred seventy-five days.

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

     HB 1172   Introduced by:  Representatives Kloucek, Begalka, Elliott, Hundstad, Lange, Nachtigal, Sigdestad, Valandra, and Van Norman and Senators Volesky, Koetzle, and Reedy

       FOR AN ACT ENTITLED, An Act to   establish a comprehensive health association to provide insurance coverage to eligible persons.

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

     HB 1173   Introduced by:  Representatives Juhnke and Jensen and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   establish South Dakota Statehood Day as a working holiday.

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

     HB 1174   Introduced by:  Representatives Hunhoff, Duniphan, Glenski, Hennies (Thomas), and Murschel and Senators Vitter, Ham, and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the provisions for municipal checks and warrants to conform with state standards.

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

     HB 1175   Introduced by:  Representatives Olson (Mel), Bartling, Bradford, Burg, Davis, Hanson (Gary), Hargens, Hundstad, Kloucek, Lange, Nachtigal, Nesselhuf, Sigdestad, and Van Norman and Senators Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   create a low income 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 1176   Introduced by:  Representatives Olson (Mel), Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Hanson (Gary), Hargens, Kloucek, Lange, Nesselhuf, Peterson (Jim), and Sigdestad and Senators Hutmacher, Dennert, Duxbury, Koetzle, Moore, Reedy, Sutton (Dan), Symens, and Volesky

       FOR AN ACT ENTITLED, An Act to   repeal the prohibition of certain disclosures by a state agency of information concerning a private entity.

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

     HB 1177   Introduced by:  Representatives Slaughter, Bartling, Flowers, Hennies (Thomas), Jaspers, Madsen, and Sebert and Senators Diedrich (Larry), McCracken, and Moore

       FOR AN ACT ENTITLED, An Act to   revise when certain assessments have to be paid before an assessment may be appealed.

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

     HB 1178   Introduced by:  Representatives Kloucek, Elliott, Hargens, Kooistra, Lange, Monroe, Nachtigal, and Van Norman and Senators Hutmacher, Koetzle, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   require health insurers who restrict access to providers to provide point of service coverage.

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

     HB 1179   Introduced by:  Representatives Kloucek, Bartling, Burg, Elliott, Flowers, Frost, Glenski, Hargens, Hundstad, Kooistra, Lange, Lintz, Michels, Monroe, Nachtigal, Peterson

(Jim), Rhoden, Valandra, Van Gerpen, and Van Norman and Senators Hutmacher, de Hueck, Diedtrich (Elmer), Koetzle, McIntyre, Moore, Putnam, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   authorize the assignment of health insurance proceeds to health care providers.

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

     HB 1180   Introduced by:  Representatives Bradford, Duniphan, Gillespie, Hennies (Don), Hennies (Thomas), McCoy, Nachtigal, Nesselhuf, Pitts, Solum, Valandra, and Van Norman and Senators Volesky, McCracken, McIntyre, and Moore

       FOR AN ACT ENTITLED, An Act to   allow for the transfer of surplus property to tribal subdivisions.

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

     HB 1181   Introduced by:  Representatives Hennies (Thomas), Garnos, and Kooistra and Senator Ham

       FOR AN ACT ENTITLED, An Act to   place certain restrictions on the excusing of students from school attendance to receive alternative instruction.

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

     HB 1182   Introduced by:  Representatives Nesselhuf, Adelstein, Begalka, Gillespie, Kooistra, and Monroe and Senators Staggers, de Hueck, Dennert, Koetzle, Olson (Ed), and Volesky

       FOR AN ACT ENTITLED, An Act to   limit inmate telephone charges.

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

     HB 1183   Introduced by:  Representatives Juhnke, Holbeck, and Jensen and Senators Olson (Ed) and Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to background checks for school employees.

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

     HB 1184   Introduced by:  Representative Duenwald and Senators Olson (Ed) and Everist

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the practice of dentistry.

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

     HB 1185   Introduced by:  Representative Derby and Senator McCracken

       FOR AN ACT ENTITLED, An Act to   provide certain protections for structured settlements.

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

     HB 1186   Introduced by:  Representatives Flowers, Bartling, Bradford, Burg, Davis, Elliott, Glenski, Hanson (Gary), Hargens, Hundstad, Kooistra, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, and Valandra and Senators Volesky, Dennert, Duxbury, Greenfield, Hutmacher, Koetzle, McIntyre, Moore, Reedy, Staggers, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   exempt certain residential utilities from sales and use tax and to declare an emergency.

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

     HB 1187   Introduced by:  Representative Richter and Senator Hainje

       FOR AN ACT ENTITLED, An Act to   revise the time period for adjusting property tax levies for the purpose of maintaining the state's percentage of aid to general and special education.

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

     HB 1188   Introduced by:  Representatives Jaspers, Duniphan, and Hennies (Thomas) and Senators Diedrich (Larry), Albers, Moore, Olson (Ed), and Reedy

       FOR AN ACT ENTITLED, An Act to   revise certain dates relating to the validation of prior bonds of political subdivisions.

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

     HB 1189   Introduced by:  Representatives Kooistra and Flowers and Senators Drake and Hutmacher

       FOR AN ACT ENTITLED, An Act to   revise the method for determining average daily membership as it applies to the state aid to education formula.


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

     HB 1190   Introduced by:  Representatives Brown (Richard), Adelstein, Hennies (Thomas), Lange, McCaulley, Monroe, Sebert, Smidt, Valandra, and Van Gerpen and Senators Bogue, Diedrich (Larry), Reedy, Staggers, and Symens

       FOR AN ACT ENTITLED, An Act to   provide that the free exercise of religion is protected.

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

     HB 1191   Introduced by:  Representatives Madsen, Brown (Richard), Duniphan, Lintz, and Rhoden and Senators Drake, Apa, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise and clarify who may carry a firearm on a motorcycle or off-road vehicle.

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

     HB 1192   Introduced by:  Representatives Peterson (Bill), Bartling, Lange, and Murschel and Senators Apa, Hainje, and Symens

       FOR AN ACT ENTITLED, An Act to   revise the property tax revenue base for counties.

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

     HB 1193   Introduced by:  Representatives Peterson (Bill) and Clark and Senator Staggers

       FOR AN ACT ENTITLED, An Act to   provide procedures for initiating proposals for cooperation or consolidation as authorized by Constitutional Amendment B as agreed to by the voters of South Dakota during the 2000 general election.

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

     HB 1194   Introduced by:  Representatives Smidt and Hansen (Tom) and Senators Bogue and Greenfield

       FOR AN ACT ENTITLED, An Act to   increase certain penalties for unlawful use of computers and computer networks.

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


      HB 1195   Introduced by:  Representatives Lintz, Burg, Duenwald, Juhnke, Nachtigal, and Rhoden and Senators Diedrich (Larry), Dennert, Drake, Duxbury, and Putnam

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the practice of veterinary medicine.

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

     HB 1196   Introduced by:  Representatives Begalka, Flowers, Garnos, Hennies (Thomas), Holbeck, and Kooistra and Senator Munson

       FOR AN ACT ENTITLED, An Act to   authorize the funding of textbooks through the school capital outlay fund.

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

     HB 1197   Introduced by:  Representatives Van Gerpen, Begalka, Brown (Jarvis), Fryslie, Hargens, Kooistra, Napoli, and Peterson (Jim) and Senators Moore and Staggers

       FOR AN ACT ENTITLED, An Act to   nullify certain increases in high school graduation requirements.

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

     HB 1198   Introduced by:  Representative Duniphan and Senator Albers

       FOR AN ACT ENTITLED, An Act to   provide for a possessory lien on the contents of certain towed vehicles.

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

     HB 1199   Introduced by:  Representatives Bartling, Broderick, Duniphan, Flowers, Klaudt, and Monroe and Senators Koetzle, Albers, and Reedy

       FOR AN ACT ENTITLED, An Act to   adjust the salary schedule for county officials.

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

     HB 1200   Introduced by:  Representatives Broderick, Hargens, and Pummel and Senators Greenfield, Ham, Hutmacher, and Munson

       FOR AN ACT ENTITLED, An Act to   require certain format standards for real estate documents filed at the register of deeds.

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

     HB 1201   Introduced by:  Representatives Pummel, Hansen (Tom), Jensen, Lintz, Pederson (Gordon), Rhoden, and Sutton (Duane) and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to trespass by buffalo and to specify the characteristics of legal fences for buffalo.

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

     HB 1202   Introduced by:  Representative McCaulley and Senator Everist

       FOR AN ACT ENTITLED, An Act to   provide for the recovery of reasonable attorney's fees and costs in actions for deceit.

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

     HB 1203   Introduced by:  Representatives Richter, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Duenwald, Elliott, Flowers, Frost, Fryslie, Gillespie, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Konold, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Murschel, Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Jim), Pitts, Pummel, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Gerpen, and Van Norman and Senators Putnam, Albers, Apa, Bogue, Brosz, Brown (Arnold), Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Greenfield, Hainje, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), Symens, Vitter, and Volesky

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

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

     HB 1204   Introduced by:  Representatives Peterson (Bill), Eccarius, Hansen (Tom), Heineman, McCaulley, and Wick and Senators Staggers, Brown (Arnold), Drake, Everist, Hainje, and Ham

       FOR AN ACT ENTITLED, An Act to   provide for certain combined school and municipal elections.

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


     HB 1205   Introduced by:  Representatives Konold, Olson (Mel), and Solum and Senators Bogue, Albers, Moore, Olson (Ed), and Vitter

       FOR AN ACT ENTITLED, An Act to   provide for the licensing of certain real estate corporations and limited liability companies.

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

     HB 1206   Introduced by:  Representatives Wick, Broderick, Flowers, Garnos, Gillespie, Holbeck, Jaspers, Jensen, Juhnke, Kooistra, Nesselhuf, and Smidt and Senators Olson (Ed), Duxbury, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for a refund of tuition for certain teachers.

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

     HB 1207   Introduced by:  Representatives Wick, Brown (Jarvis), and Juhnke and Senators Hainje and McCracken

       FOR AN ACT ENTITLED, An Act to   hold school and municipal elections with the general and primary elections.

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

     HB 1208   Introduced by:  Representatives Michels, Duniphan, and Sebert and Senators Munson, Brosz, Brown (Arnold), and Everist

       FOR AN ACT ENTITLED, An Act to   extend the date for filing claims with the subsequent injury fund.

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

     HB 1209   Introduced by:  Representatives Flowers, Burg, Napoli, Solum, and Van Gerpen and Senators Duxbury, Olson (Ed), and Volesky

       FOR AN ACT ENTITLED, An Act to   require that public agencies solicit bids for auctioneer services.

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

     HB 1210   Introduced by:  Representatives Van Norman, Bradford, Elliott, and Valandra and Senator Volesky

       FOR AN ACT ENTITLED, An Act to   provide for the appointment of delegates from state tribal governments to the Legislature.

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

     HB 1211   Introduced by:  Representatives Van Norman, Bradford, Hargens, Hundstad, Kloucek, Lange, and Valandra and Senators Volesky, Dennert, Duxbury, Hutmacher, Koetzle, Moore, Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   require certain statistics regarding traffic law enforcement to be collected and maintained.

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

     HB 1212   Introduced by:  Representatives Flowers, Bradford, Burg, Hanson (Gary), Hargens, Kloucek, Lange, Nachtigal, Olson (Mel), Peterson (Jim), and Sigdestad and Senators Hutmacher, Dennert, Duxbury, Koetzle, Moore, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the supervision of local state agency accounts by the state treasurer and state auditor.

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

     HB 1213   Introduced by:  Representatives Lange, Glenski, Kloucek, Peterson (Jim), and Van Norman and Senators Dennert, Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish a beverage container deposit and refund program.

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

     HB 1214   Introduced by:  Representatives Brown (Richard), Flowers, Fryslie, Napoli, and Richter and Senators Hainje, Brown (Arnold), de Hueck, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   prohibit the hunting of mallard ducks and turkey on private shooting preserves.

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

     HB 1215   Introduced by:  Representatives Lange, Burg, Flowers, Glenski, Hanson (Gary), Hargens, Kloucek, Kooistra, Nachtigal, Olson (Mel), Peterson (Jim), Sigdestad, and Van Norman and Senators Hutmacher, Dennert, Koetzle, Moore, Reedy, and Symens


       FOR AN ACT ENTITLED, An Act to   repeal the prohibition of certain disclosures by a state agency of information concerning a private entity.

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

     HB 1216   Introduced by:  Representatives Lange, Burg, Flowers, Hanson (Gary), Hargens, Holbeck, Klaudt, Kloucek, Kooistra, Lintz, Nachtigal, Peterson (Jim), Sigdestad, and Van Norman and Senators Koetzle and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the procedure for filing for a property tax credit for renewable resource energy systems.

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

     HB 1217   Introduced by:  Representatives Lange, Bartling, Burg, Clark, Davis, Elliott, Flowers, Hanson (Gary), Hargens, Holbeck, Hundstad, Klaudt, Kloucek, Kooistra, Lintz, Nachtigal, Olson (Mel), Peterson (Jim), Sigdestad, Slaughter, Van Gerpen, and Van Norman and Senators Moore, Apa, Bogue, Dennert, Koetzle, Madden, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   authorize certain higher education tuition reciprocity with the state of North Dakota.

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

     HB 1218   Introduced by:  Representatives Derby and Peterson (Bill) and Senator Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   prohibit directed suretyship.

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

     HB 1219   Introduced by:  Representatives Derby, Brown (Richard), Duniphan, Heineman, and Valandra and Senators Hutmacher, Brown (Arnold), and Reedy

       FOR AN ACT ENTITLED, An Act to   allow certain interstate shipments of wine.

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

     HB 1220   Introduced by:  Representative Kloucek

       FOR AN ACT ENTITLED, An Act to   provide for the election of the Game, Fish and Parks Commission and to provide for the election of the secretary of game, fish and parks.

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

     HB 1221   Introduced by:  Representatives Wick, Jaspers, Klaudt, McCaulley, Napoli, and Smidt and Senators Bogue, Diedtrich (Elmer), and Koskan

       FOR AN ACT ENTITLED, An Act to   revise the financial disclosure requirements for lobbyists and employers of lobbyists.

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

     HJR 1001   Introduced by:  Representatives Kloucek, Bartling, Burg, Hundstad, Lange, Nachtigal, Sigdestad, Valandra, and Van Norman and Senators Volesky, Koetzle, and McIntyre

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the special election designated by the Seventy-fifth Legislature, meeting in special session, a question relating to the decision by the South Dakota State Cement Plant Commission to sell the state cement plant.

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

     HJR 1002   Introduced by:  Representatives Peterson (Bill) and Adelstein and Senators McCracken and Ham

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election two new sections to Article IX and amendments to Article IX, section 1 and 2 of the Constitution of the State of South Dakota, consolidating counties and providing for charter governments.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1072:   FOR AN ACT ENTITLED, An Act to   define the theft of certain livestock as grand theft.

     Was read the second time.

     The question being "Shall HB 1072 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; 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; 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:
Flowers; 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 1053:   FOR AN ACT ENTITLED, An Act to   revise the requirements for dispositional decrees entered by the courts for abused and neglected children.

     Was read the second time.

     The question being "Shall HB 1053 pass?"

     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; 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

     Excused:
Frost

     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 13:   FOR AN ACT ENTITLED, An Act to   allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 69, Nays 1, 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; 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:
Napoli

     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 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.

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

1062tb

     Rep. Rhoden moved that HB 1062 be amended as follows:

     On page 1, line 12 of the printed bill, delete " photo " .

     On page 1 , line 13, overstrike " A violation of " and insert " Failure to exhibit the licensee's license or other form of license authorization required by ".

     Which motion prevailed and HB 1062 was so amended.

     The question being "Shall HB 1062 pass as amended?"


     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent 0

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

     Nays:
Bradford; Burg; Flowers; Gillespie; Kloucek; Monroe; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Teupel; Van Norman

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Rhoden moved that the title to HB 1062 be amended as follows:

     On page 1, line 3 of the printed bill, delete " photo " and insert "certain forms of".

     On page 1 , line 3, before " law " delete " certain " .

     Which motion prevailed and the title was so amended.

     Speaker Pro tempore Michels now presiding.

     HB 1083:   FOR AN ACT ENTITLED, An Act to   authorize employers to pay wages by direct deposit.

     Was read the second time.

     Rep. Kloucek moved that HB 1083 be amended as follows:

    On page 1, line 6 of the printed bill delete "employer" and insert "employee".

     Rep. Richter moved that Rep. Kloucek's motion to amend HB 1083 be laid on the table.

     Which motion prevailed.


     Rep. Van Norman moved that HB 1083 be amended as follows:

    On page 1, line 8 of the printed bill before the period insert "as designated by the employee".

     Which motion lost.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1083 pass?"

     And the roll being called:

     Yeas 53, Nays 17, Excused 0, Absent 0

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

     Nays:
Bartling; Bradford; Davis; Elliott; Gillespie; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Klaudt; Kloucek; Kooistra; Peterson (Jim); Sigdestad; Teupel; Valandra; Van Norman

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

     Rep. Kloucek announced his intention to reconsider the vote by which HB 1083 was passed.

     HB 1087:   FOR AN ACT ENTITLED, An Act to   provide for the consolidation and annexation of road districts.

     Was read the second time.

     The question being "Shall HB 1087 pass as amended?"

     And the roll being called:


     Yeas 69, Nays 1, 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); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Teupel

     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 1099:   FOR AN ACT ENTITLED, An Act to   permit certain persons to solemnize marriages.

     Was read the second time.

     The question being "Shall HB 1099 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

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

     Nays:
Begalka; Fryslie; Klaudt; Rhoden

     Excused:
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.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 15:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appraisal of grazing and agricultural lands by the commissioner of school and public lands.

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

     SB 16:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the lease of common school, indemnity, and endowment lands.

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

     SB 18:   FOR AN ACT ENTITLED, An Act to   revise the state trunk highway system.

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

     SB 27:   FOR AN ACT ENTITLED, An Act to   revise the accounting process for the state fair.

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

     SB 38:   FOR AN ACT ENTITLED, An Act to   revise health plan coverage requirements for newborns and newly adopted children.

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

     SB 55:   FOR AN ACT ENTITLED, An Act to   change the name of Union County State Park.

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

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


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1123 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1112 and 1113 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 Education respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

1096ca

     On page 1, line 9 of the printed bill, overstrike " ten " and insert " five ".

     On page 1 , line 10, before " at " insert " voting ".

     On page 1 , line 11, overstrike " general " and insert " school ".

1096cc
    
     Delete the previously adopted amendment (1096ca).

     On page 1, line 9 of the printed bill, overstrike " ten " and insert " five ".

     On page 1 , line 10, before " at " insert " of the school district who cast votes ".

     On page 1 , line 11, overstrike " general " and insert " school ".

     And that as so amended said bill do pass.

Respectfully submitted,
Scott Eccarius, Chair


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 45:   FOR AN ACT ENTITLED, An Act to   allow alcohol beverage license suspension or revocation hearings to be held in a location other than the county where the license has been applied for or has been issued.

     Was read the second time.

     The question being "Shall SB 45 pass as amended?"

     And the roll being called:


     Yeas 59, Nays 11, Excused 0, Absent 0

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

     Nays:
Abdallah; Bradford; Clark; Glenski; Hargens; Klaudt; Kooistra; Lange; Napoli; Peterson (Jim); Van Norman

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

     Speaker Eccarius now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1049 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1049: FOR AN ACT ENTITLED, An Act to  authorize circuit courts to adjudicate paternity and establish custody in notice of support debt proceedings.

     SB 54: FOR AN ACT ENTITLED, An Act to  update certain citations to federal law regarding pipeline safety inspection.

     SB 65: FOR AN ACT ENTITLED, An Act to  clarify that the estates of certain nonresidents are subject to the estate tax.

     And signed the same in the presence of the House.


COMMEMORATIONS


     HC 1004   Introduced by:  Representatives Kloucek, Flowers, Hargens, Kooistra, Michels, Nachtigal, and Van Gerpen and Senators Putnam, Greenfield, Hutmacher, Moore, Reedy, Sutton (Dan), and Symens

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

     WHEREAS,  the Tripp-Delmont Wildcats High School football team won the 2000 South Dakota 9A High School Football Championship with a perfect 12-0 record by virtue of outstanding character, dedication to excellence, and perseverance on and off the field; and

     WHEREAS,  the Tripp-Delmont Wildcats High School football team received superior wisdom and superb leadership guidance from head coach Jason Bietz and assistant coaches Kelly Hansen, Don Ludens, and Jeff Kramer; and

     WHEREAS,  the Joe Robbie Most Valuable Player, Adam Schwaderer, and fellow teammates Tyson Goehring, Jared Horn, and Chad Bietz were awarded Class 9A First-team All- State Awards for their 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 football team be recognized for their excellence in athletics and academics for the 2000-2001 school year.

     Rep. Koistinen moved that the House do now adjourn, which motion prevailed and at 3:12 p.m. the House adjourned.

Karen Gerdes, Chief Clerk