JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




THIRTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 26, 2001

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Roxy Tople.

     Roll Call: All members present except Reps. Flowers and Nesselhuf 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 twelfth day.

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

    The following corrections should be made in the House Journal of the ninth, tenth, and eleventh days:

    On page 131, delete lines 16 to 18, inclusive, and insert:

     "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 permit certain impartial mediation provisions."

    On page 135, delete lines 17 to 19, inclusive, and insert:


     "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 license or privilege, and to provide for a penalty for a violation thereof."

    On page 137, delete lines 2 to 4, inclusive, and insert:

     "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 and volunteers and for employees and volunteers of certain adolescent treatment programs."

    On page 180, delete lines 1 and 2, and insert:

     "HB 1076   :   FOR AN ACT ENTITLED, An Act to   permit certain persons whose driving privileges have been suspended or revoked to attend counseling programs."

    On page 182, delete lines 5 and 6, and insert:

     "HB 1081   :   FOR AN ACT ENTITLED, An Act to   require the installation of certain guide signs on the interstate highway system and state highway system."

     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 Health and Human Services respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 23, 31, 32, and 33 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill be amended as follows:

1084fe

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

"      Section 1. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:

     No new video lottery establishment license may be issued pursuant to chapter 42-7A to any establishment after the effective date of this Act. This section does not apply to any person that purchases an existing establishment that had a video lottery establishment license. This section does not apply to any person that purchases any video lottery machine located within an existing establishment.

     Section 2. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:

     No new video lottery machine license may be issued pursuant to 42-7A after the effective date of this Act. This section does not apply to the replacement of any existing video lottery machine or renewal of any video lottery machine license."

     And that as so amended said bill do pass.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1044, 1048, and 1071 which have passed the Senate without change.



Also MR. SPEAKER:

    I have the honor to return herewith HB 1009 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 3, 43, and 74 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1003:   A CONCURRENT RESOLUTION,   Expressing support for agricultural biotechnology.

     Rep. Jaspers moved that HCR 1003 as found on pages 195 to 197 of the House Journal be adopted.

     The question being on Rep. Jaspers' motion that HCR 1003 be adopted.

     And the roll being called:

     Yeas 61, Nays 4, Excused 2, Absent 3

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; 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); Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Hundstad; Kloucek; Valandra

     Excused:
Flowers; Nesselhuf

     Absent:
Duniphan; Lange; Teupel


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

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

     Rep. Kloucek moved that the House do now reconsider the vote by which HB 1083 was passed.

     The question being on Rep. Kloucek's motion to reconsider the vote by which HB 1083 was passed.

     And the roll being called:

     Yeas 17, Nays 51, Excused 2, Absent 0

     Yeas:
Bartling; Bradford; Davis; Elliott; Gillespie; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Kloucek; Lange; Napoli; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

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

     Excused:
Flowers; Nesselhuf

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1060 as found on pages 190 and 191 of the House Journal ; also

     Judiciary on HB 1101 as found on page 191 of the House Journal ; also

     Judiciary on HB 1091 as found on page 191 of the House Journal ; also



     Judiciary on HB 1092 as found on page 191 of the House Journal
; also

     Agriculture and Natural Resources on HB 1005 as found on page 192 of the House Journal ; also

     Commerce on HB 1043 as found on page 193 of the House Journal ; also

     Commerce on HB 1094 as found on page 193 of the House Journal ; also

     Commerce on SB 41 as found on pages 193 and 194 of the House Journal ; also

     Local Government on HB 1085 as found on page 194 of the House Journal ; also

     Education on HB 1096 as found on page 216 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1222   Introduced by:  Representatives Pederson (Gordon), Garnos, Juhnke, Olson (Mel), and Valandra and Senators Symens, Bogue, Brown (Arnold), and McCracken

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding telephone and telegraph corporations.

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

     HB 1223   Introduced by:  Representative Abdallah and Senator Munson

       FOR AN ACT ENTITLED, An Act to   clarify how the motor vehicle excise tax is calculated on certain leased vehicles.

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

     HB 1224   Introduced by:  Representative Abdallah and Senator Munson

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to motor vehicle service contracts, mechanical breakdown insurance, and maintenance agreements.

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

     HB 1225   Introduced by:  Representatives Sebert, Derby, Michels, and Solum and Senators Albers and Vitter



       FOR AN ACT ENTITLED, An Act to   clarify the courts in which garnishment proceedings may be pursued.

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

     HB 1226   Introduced by:  Representatives Smidt, Brown (Richard), Clark, Derby, Jaspers, and Madsen and Senators Olson (Ed), Albers, Brosz, Brown (Arnold), Moore, and Munson

       FOR AN ACT ENTITLED, An Act to   require South Dakota school districts to provide the names and addresses of certain secondary school students to the Board of Regents and the Department of Education and Cultural Affairs.

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

     HB 1227   Introduced by:  Representatives Teupel, Derby, and Rhoden and Senators Apa and Kleven

       FOR AN ACT ENTITLED, An Act to   include certain students in the state aid to education formula.

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

     HB 1228   Introduced by:  Representatives McCoy and Hennies (Thomas)

       FOR AN ACT ENTITLED, An Act to   provide for the suspension of driving privileges of certain students who are truant or who have been suspended or expelled from school.

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

     HB 1229   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation to provide grants to out-of- school time programs in the state and to declare an emergency.

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

     HB 1230   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for the acceleration of the reading enhancement program and to declare an emergency.

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



     HB 1231   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   appropriate funds from the water and environment fund and the environment and natural resources fee fund, to authorize the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

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

     HB 1232   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for the implementation and development of the electronic-government project and to declare an emergency.

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

     HJR 1003   Introduced by:  Representative Burg and Senator Dennert

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the special election designated by the Seventy-fifth Legislature, meeting in special session, an amendment to Article VIII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund using certain tobacco settlement monies.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1093:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to transfers of insurance between members of the same insurance group.

     Was read the second time.

     The question being "Shall HB 1093 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; 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; 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:
Flowers; Jaspers; 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 1112:   FOR AN ACT ENTITLED, An Act to   revise school district inventory procedures.

     Was read the second time.

     The question being "Shall HB 1112 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; 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; 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:
Flowers; Jaspers; 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 1113:   FOR AN ACT ENTITLED, An Act to   revise payment methods for school districts.


     Was read the second time.

     The question being "Shall HB 1113 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; 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; 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:
Clark; Flowers; Jaspers; 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.

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

     Was read the second time.

     The question being "Shall SB 5 pass?"

     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; 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:
Flowers; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1077:   FOR AN ACT ENTITLED, An Act to   permit the court to impose certain costs and fees as part of the disposition for a child adjudicated as a child in need of supervision.

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

1077rb

     Rep. Madsen moved that HB 1077 be amended as follows:

     On page 3, line 14 of the House Judiciary Committee engrossed bill, after " tax " insert " the same ".

     On page 3 , line 14, after " fees " insert " as ".

     Which motion prevailed and HB 1077 was so amended.


     The question being "Shall HB 1077 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 9, Excused 2, Absent 2

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

     Nays:
Bradford; Burg; Gillespie; Glenski; Hargens; Kloucek; Olson (Mel); Peterson (Jim); Van Norman

     Excused:
Flowers; Nesselhuf

     Absent:
Klaudt; Wick



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

     Speaker Pro tempore Michels now presiding.

     HB 1004:   FOR AN ACT ENTITLED, An Act to   require notice to schools if a student commits certain crimes.

     Was read the second time.

     The question being "Shall HB 1004 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 7, 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; Kloucek; Koistinen; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Smidt; Solum; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Klaudt; Kooistra; Murschel; Rhoden; Slaughter; Sutton (Duane); Teupel

     Excused:
Flowers; 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 1025:   FOR AN ACT ENTITLED, An Act to   repeal and revise certain mental health provisions pertaining to the state interagency coordinating network council and the local interagency teams.

     Was read the second time.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0



     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Gillespie; Glenski; 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; Murschel; Nachtigal; Napoli; 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:
Begalka; Garnos; Hansen (Tom); Monroe

     Excused:
Flowers; Nesselhuf; 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 1046:   FOR AN ACT ENTITLED, An Act to   require certain boats documented by the United States Coast Guard to be registered, to revise certain provisions regarding the numbering of boats, and to allow the Game, Fish and Parks Commission to establish a fee for a temporary boat license.

     Was read the second time.

     Rep. Broderick moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1046 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

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


     Nays:
Bartling; Bradford; Burg; Gillespie; Hargens; Hundstad; Klaudt; Kloucek; Lintz; Napoli; Olson (Mel); Peterson (Jim); Pummel; Van Norman

     Excused:
Flowers; Nesselhuf

     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 1123:   FOR AN ACT ENTITLED, An Act to   repeal the requirement that school districts consist of adjoining territory.

     Was read the second time.

     The question being "Shall HB 1123 pass?"

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent 0

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

     Nays:
Bradford; Gillespie; Hargens; Kloucek; Peterson (Jim); Van Gerpen; Van Norman

     Excused:
Flowers; Monroe; 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.

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


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109ra

     On page 2 of the printed bill, delete lines 7 and 8 , and insert " A child under the age of eighteen years who has been transferred to adult court pursuant to §  26-11-3.1 or 26-11-4 and who has been convicted of a felony as an adult may be held in detention in an adult jail or lockup. ".

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

Respectfully submitted,
Jarvis W. Brown, Chair

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 3:   FOR AN ACT ENTITLED, An Act to   provide the director of insurance with rule- making authority regarding personal nonpublic financial information.

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

     SB 43:   FOR AN ACT ENTITLED, An Act to   establish within the State Board of Chiropractic Examiners a disciplinary committee and an ethics committee and to authorize a fee for peer review.

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

     SB 74:   FOR AN ACT ENTITLED, An Act to   add the Student Loan Marketing Association to certain existing permitted investments of insurers.

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



SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     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 second time.

     The question being "Shall SB 6 pass?"

     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; 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:
Flowers; 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.

     Speaker Eccarius now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1010 and 1054 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., January 26, 2001.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1049 was delivered to his Excellency, the Governor, for his approval at 2:00 p.m., January 26, 2001.

Respectfully submitted,
Scott Eccarius, Chair
COMMEMORATIONS


     HC 1005   Introduced by:  Representatives Hennies (Thomas), Adelstein, Derby, Duniphan, Eccarius, Hennies (Don), Lintz, McCoy, Napoli, Pederson (Gordon), and Van Etten and Senators Ham, Madden, McCracken, Vitter, and Whiting

         A LEGISLATIVE COMMEMORATION,  Honoring Marilyn Herz of Rapid City as South Dakota's 2001 Teacher of the Year.

     WHEREAS,  Marilyn Herz, a sixth grade language arts teacher at West Middle School in Rapid City, was chosen as the 2001 South Dakota Teacher of the Year and represented South Dakota in national competition for Teacher of the Year; and

     WHEREAS,  she has dedicated more than twenty-two years to the teaching profession, and has taught various grade levels in the Rapid City Area School District since 1983; and

     WHEREAS,  she considers teaching a lifestyle, rather than a job, and endeavors to give all the caring, commitment, and compassion within her to guide her students to succeed academically, emotionally, and socially and believes that teachers must be open to innovations and risk tasking in a rapidly changing world:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Marilyn Herz be congratulated upon her selection as South Dakota's 2001 Teacher of the Year.

     Rep. Clark moved that the House do now adjourn, which motion prevailed and at 2:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk