JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




FOURTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 29, 2001

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

     The prayer was offered by the Chaplain, Pastor Craig Petrick, followed by the Pledge of Allegiance led by House page Elizabeth Sanders.

     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 thirteenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1144 and returns the same with the recommendation that said bill be amended as follows:

1144ja
     On page 3, after line 10 of the printed bill, insert:

"    Section 7. For purposes of this Act, shared parenting is defined as a parenting plan whereby each parent provides a suitable home for the child of the parents, and the parents share the duties, responsibilities, and expenses of parenting.".


1144oa
     On page 1 of the printed bill, delete lines 4 to 15 , inclusive.

     On page 2 , delete lines 1 to 15 , inclusive.

     On page 2 , line 22, delete everything after " child. " .

     On page 2 , delete lines 23 and 24 .

     Delete the previously adopted amendment 1144ja.

1144ota
     On page 1, line 1 of the printed bill, delete " and to " and insert ".".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 3 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1119 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 Transportation respectfully reports that it has had under consideration HB 1117, 1129, and 1130 which were deferred to the 41st Legislative Day.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1055 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 44, 81, 85, 88, and 103 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Duniphan moved that the House do concur in Senate amendments to HB 1009.

     The question being on Rep. Duniphan's motion that the House do concur in Senate amendments to HB 1009.

     And the roll being called:

     Yeas 68, Nays 0, Excused 0, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius


     Absent:
Brown (Richard); Richter

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1084 as found on page 221 of the House Journal ; also

     Judiciary on HB 1109 as found on page 233 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1233   Introduced by:  The Committee on Appropriations

       FOR AN ACT ENTITLED, An Act to   appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

     HB 1234   Introduced by:  Representatives Kloucek, Burg, Hanson (Gary), Lange, Valandra, and Van Norman and Senator Moore

       FOR AN ACT ENTITLED, An Act to   remove certain restrictions on the use of agricultural land.

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

     HB 1235   Introduced by:  Representatives Kloucek and Valandra and Senator Koetzle

       FOR AN ACT ENTITLED, An Act to   designate the state capitol complex and the Governor's mansion as a drug free zone.

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



     HB 1236   Introduced by:  Representatives Konold, Abdallah, Broderick, Brown (Richard), Flowers, and McCaulley and Senators Munson, Albers, Diedtrich (Elmer), Hutmacher, Staggers, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize auction agencies to accept for sale vehicles owned by vehicle manufacturers under certain conditions.

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

     HB 1237   Introduced by:  Representatives McCaulley, Koistinen, Lange, McCoy, Monroe, Napoli, Smidt, Van Etten, Van Gerpen, and Wick and Senators Staggers, Koskan, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   authorize certain students in alternative instruction or alternative education to participate in public school interscholastic contests and competition.

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

     HB 1238   Introduced by:  Representative Napoli

       FOR AN ACT ENTITLED, An Act to   authorize the use of the municipal sales tax for school districts.

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

     HB 1239   Introduced by:  Representatives Lintz, Begalka, Duenwald, Flowers, Fryslie, Jaspers, Juhnke, Klaudt, Kloucek, Koistinen, Kooistra, Madsen, McCaulley, Monroe, Napoli, Olson (Mel), Pummel, Rhoden, Slaughter, Valandra, Van Etten, and Van Norman and Senators Putnam, Apa, Dennert, Drake, Greenfield, Hagen, Koskan, Moore, Munson, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   authorize certain persons to carry handguns who are authorized to carry handguns in other states.

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

     HB 1240   Introduced by:  Representative Napoli

       FOR AN ACT ENTITLED, An Act to   prohibit the Department of Transportation from letting certain bids.

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


     HB 1241   Introduced by:  Representatives Hunhoff, Abdallah, Broderick, Brown (Jarvis), Brown (Richard), Frost, Heineman, Hennies (Thomas), Juhnke, McCaulley, McCoy, Michels, Murschel, and Valandra and Senators de Hueck, Albers, Ham, Hutmacher, Kleven, Koetzle, Madden, Moore, Munson, Volesky, and Whiting

       FOR AN ACT ENTITLED, An Act to   revise certain crimes to include certain forms of threatening or harassing communications.

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

     HB 1242   Introduced by:  Representatives Kloucek, Hundstad, and Sigdestad and Senator Volesky

       FOR AN ACT ENTITLED, An Act to   prohibit discriminatory pricing of drugs by manufacturers.

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

     HB 1243   Introduced by:  Representatives Jaspers, Abdallah, Brown (Richard), Heineman, McCaulley, Peterson (Bill), Richter, and Smidt and Senators Koetzle and Munson

       FOR AN ACT ENTITLED, An Act to   revise the definition of adjusted average daily membership in the state aid to education formula.

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

     HB 1244   Introduced by:  Representatives Van Etten, Adelstein, Brown (Jarvis), Frost, Hunhoff, Madsen, Michels, and Peterson (Bill) and Senators Daugaard and Kleven

       FOR AN ACT ENTITLED, An Act to   provide that a portion of the interest earned on the people's trust fund be deposited in the tobacco prevention and reduction trust fund.

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

     HB 1245   Introduced by:  Representatives Rhoden, Hargens, Hundstad, McCoy, Monroe, and Napoli and Senators Apa, Diedtrich (Elmer), Greenfield, Ham, Madden, and McCracken

       FOR AN ACT ENTITLED, An Act to   revise the provisions concerning the licensing, assessment, and taxation of manufactured homes.

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


     HB 1246   Introduced by:  Representatives Abdallah, Adelstein, Broderick, Brown (Richard), Derby, Duniphan, Heineman, Kooistra, McCaulley, Pederson (Gordon), and Pitts and Senator Putnam

       FOR AN ACT ENTITLED, An Act to   prohibit the occupation of a motor vehicle knowing that any controlled drug or substance is illegally being stored or used therein and to provide penalties therefor.

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

     HB 1247   Introduced by:  Representatives Lintz, McCoy, Napoli, Pederson (Gordon), Rhoden, and Richter and Senators Vitter, Duxbury, Kleven, Putnam, and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the requirements for volunteer firefighters to become eligible for workers' compensation.

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

     HB 1248   Introduced by:  Representatives Duenwald and Brown (Jarvis) and Senators Madden, Albers, Greenfield, and Ham

       FOR AN ACT ENTITLED, An Act to   prohibit the use of restraints upon release or discharge of certain mental patients from commitment.

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

     HB 1249   Introduced by:  Representatives Duenwald and Brown (Jarvis) and Senators Drake, Diedtrich (Elmer), Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   clarify certain provisions regarding the use of a vehicle on a state highway.

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

     HB 1250   Introduced by:  Representatives Duenwald, Bradford, Fryslie, Hanson (Gary), Hargens, Holbeck, Jaspers, Jensen, Lintz, Pitts, Rhoden, Sigdestad, and Van Gerpen and Senators Dennert, Diedtrich (Elmer), Greenfield, Madden, Putnam, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain distance restrictions related to hunting from public rights-of-way near certain farmsteads.

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



     HB 1251   Introduced by:  Representatives Davis, Abdallah, Adelstein, Bartling, Begalka, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Derby, Duenwald, Duniphan, Eccarius, Elliott, Frost, Fryslie, Garnos, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hunhoff, Jaspers, Jensen, Juhnke, Konold, Kooistra, Lange, Lintz, Madsen, McCoy, Michels, Monroe, Murschel, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Van Etten, Van Gerpen, and Wick and Senators Brown (Arnold), Albers, Apa, Brosz, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hutmacher, Kleven, Koetzle, Madden, McCracken, Moore, Munson, Olson (Ed), Putnam, Staggers, Sutton (Dan), Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   assign a rebuttable presumption that certain electors are not qualified when signing petitions.

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

     HB 1252   Introduced by:  Representatives Davis, Abdallah, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Derby, Duenwald, Duniphan, Eccarius, Elliott, Frost, Fryslie, Garnos, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Murschel, Nachtigal, 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, and Wick and Senators Brown (Arnold), Albers, Apa, Brosz, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hutmacher, Kleven, Koetzle, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Staggers, Sutton (Dan), Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   establish a statewide voter registration list and to make an appropriation therefor.

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

     HB 1253   Introduced by:  Representatives Begalka, Fryslie, Jaspers, Konold, Lange, and Pummel and Senators Koskan, Brosz, Brown (Arnold), Greenfield, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding dealer franchises and to include outdoor power equipment.

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

     HB 1254   Introduced by:  Representatives Jensen, Duenwald, Jaspers, Nachtigal, and Peterson (Jim) and Senators Duxbury, Bogue, de Hueck, Dennert, Diedrich (Larry), Moore, and Vitter


       FOR AN ACT ENTITLED, An Act to   revise how the motor vehicle excise tax is applied to certain vehicles.

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

     HB 1255   Introduced by:  Representatives Jensen and Juhnke and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   appropriate money for the restoration of the Hamill Dam.

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

     HB 1256   Introduced by:  Representatives Brown (Richard), Broderick, Duniphan, Elliott, Flowers, Hennies (Thomas), Holbeck, Jaspers, Juhnke, Kooistra, Madsen, McCaulley, Murschel, Olson (Mel), Richter, Smidt, and Teupel and Senators Apa, Dennert, Hutmacher, Koetzle, McCracken, McIntyre, Moore, Munson, Olson (Ed), Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   provide that students who graduate early be counted in a school district's average daily membership for the entire school term.

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

     HB 1257   Introduced by:  Representatives Van Gerpen and Michels and Senator Putnam

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reimbursement of attorney fees by certain indigent defendants.

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

     HB 1258   Introduced by:  Representatives Eccarius, Michels, and Peterson (Bill) and Senators Everist and Brown (Arnold)

       FOR AN ACT ENTITLED, An Act to   appropriate money to certain school districts.

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

     HB 1259   Introduced by:  Representatives Van Norman, Kloucek, and Valandra and Senator Hutmacher

       FOR AN ACT ENTITLED, An Act to   allow for nursing facilities to be constructed on Indian reservations under certain circumstances.

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



     HB 1260   Introduced by:  Representatives Van Norman and Kloucek and Senators Hutmacher, Daugaard, Greenfield, Kleven, Madden, and Whiting

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

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

     HB 1261   Introduced by:  Representative Monroe and Senator de Hueck

       FOR AN ACT ENTITLED, An Act to   revise the term of employment for a county highway superintendent.

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

     HB 1262   Introduced by:  Representative Lange

       FOR AN ACT ENTITLED, An Act to   establish procedures to resolve certain disagreements regarding overhead or underground facilities crossing railroad rights-of-way.

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

     HB 1263   Introduced by:  Representatives Richter, Adelstein, and Clark and Senators Drake, Duxbury, and Symens

       FOR AN ACT ENTITLED, An Act to   create a board of postsecondary vocational education.

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

     HB 1264   Introduced by:  Representative Richter and Senator McCracken

       FOR AN ACT ENTITLED, An Act to   create a school consolidation commission, revise state aid to education, and to appropriate money to increase teacher's salaries.

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

     HB 1265   Introduced by:  Representatives Michels, Hennies (Thomas), Madsen, and McCaulley and Senators Diedrich (Larry), Bogue, Daugaard, Moore, and Putnam

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the payment of restitution by a defendant.


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

     HB 1266   Introduced by:  Representatives Gillespie, Broderick, Brown (Richard), Burg, Hanson (Gary), Holbeck, Kooistra, Nesselhuf, and Olson (Mel) and Senators Hutmacher, Albers, Moore, Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   allow a day started late due to inclement weather to constitute a full school day.

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

     HB 1267   Introduced by:  Representatives McCaulley, Begalka, Brown (Richard), Elliott, Hennies (Don), Jensen, Juhnke, Koistinen, Konold, Kooistra, Lintz, Murschel, Napoli, Peterson (Bill), Rhoden, Valandra, Van Gerpen, and Wick

       FOR AN ACT ENTITLED, An Act to   eliminate the confidentiality provisions concerning certain video lottery information and require certain reports.

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

     HB 1268   Introduced by:  Representatives Heineman, Brown (Richard), Eccarius, Garnos, Hennies (Don), Juhnke, McCoy, Peterson (Bill), Smidt, and Wick and Senators Everist, Ham, and McCracken

       FOR AN ACT ENTITLED, An Act to   create a teacher mentor program and to make an appropriation therefor.

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

     HB 1269   Introduced by:  Representatives Adelstein, Abdallah, Duniphan, and Lintz and Senator Madden

       FOR AN ACT ENTITLED, An Act to   require evidence of financial responsibility at the time of motor vehicle registration, to provide for the suspension of vehicle registrations, and to provide for the seizure of certain license plates.

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

     HB 1270   Introduced by:  Representatives Wick and Hennies (Thomas) and Senator Apa

       FOR AN ACT ENTITLED, An Act to   allow certain persons to administer epinephrine in certain circumstances.


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

     HB 1271   Introduced by:  Representatives Sutton (Duane), Bradford, Frost, Madsen, Teupel, and Van Norman and Senators Apa, de Hueck, Dennert, Ham, Kleven, and Volesky

       FOR AN ACT ENTITLED, An Act to   provide grants to certain court-appointed special advocate programs and to make an appropriation therefor.

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

     HJR 1004   Introduced by:  Representative Lange

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 25, and an amendment to Article XI of the Constitution of the State of South Dakota relating to the repeal of video lottery and the imposition of a corporate income tax to replace video lottery revenues.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1091:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding jurisdiction for certain offenses involving intoxicating substances.

     Was read the second time.

     The question being "Shall HB 1091 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.

     Rep. Lintz requested that HB 1092 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Koistinen requested that HB 1043 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1094:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to credit card coverages of group personal property.

     Was read the second time.

     The question being "Shall HB 1094 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.

     SB 41:   FOR AN ACT ENTITLED, An Act to   authorize the recovery of costs in contested cases for the real estate appraiser program and to repeal certain provisions regarding an appraiser's license.

     Was read the second time.

     The question being "Shall SB 41 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; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek; Monroe

     Excused:
Van Gerpen

     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 23:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the filing of marriage records and rule-making authority regarding vital records.

     Was read the second time.

     The question being "Shall SB 23 pass?"

     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.



     SB 31:   FOR AN ACT ENTITLED, An Act to   revise certain requirements of the Division of Rehabilitation Services in contested cases.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     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.

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

     Was read the second time.

     The question being "Shall SB 32 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; 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


     Nays:
Monroe

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

     Was read the second time.

     The question being "Shall SB 33 pass?"

     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 1060:   FOR AN ACT ENTITLED, An Act to   revise the method for and the limitations on imposition of various civil damages for unlawfully taking wild animals.

     Was read the second time.

     The question being "Shall HB 1060 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 4, Excused 0, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Duenwald; Olson (Mel); 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.

     HB 1101:   FOR AN ACT ENTITLED, An Act to   clarify the discretion of the court to impose sentences concurrently or consecutively.

     Was read the second time.

     The question being "Shall HB 1101 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.

     HB 1005:   FOR AN ACT ENTITLED, An Act to   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.

     Was read the second time.



     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0

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

     HB 1085:   FOR AN ACT ENTITLED, An Act to   define whether an operator is subject to pay the cost of certain notifications from the one-call notification system.

     Was read the second time.

     The question being "Shall HB 1085 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.



     HB 1096:   FOR AN ACT ENTITLED, An Act to   revise the methods for increasing or decreasing school board size and for creating or eliminating school board representation areas.

     Was read the second time.

     Rep. Flowers moved that HB 1096 be deferred to Tuesday, January 30th, the 15th legislative day.

     Which motion prevailed and the bill was so deferred.

     Speaker Pro tempore Michels now presiding.

     HB 1088:   FOR AN ACT ENTITLED, An Act to   require the provision of health insurance coverage for diagnostic screening for prostate cancer.

     Was read the second time.

     The question being "Shall HB 1088 pass?"

     And the roll being called:

     Yeas 49, Nays 21, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Hunhoff; Jensen; Kloucek; Konold; Kooistra; Lange; Lintz; Madsen; McCoy; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sigdestad; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman

     Nays:
Abdallah; Derby; Duenwald; Fryslie; Heineman; Hennies (Don); Holbeck; Jaspers; Juhnke; Klaudt; Koistinen; McCaulley; Michels; Monroe; Rhoden; Richter; Sebert; Slaughter; Sutton (Duane); 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.

     HB 1110:   FOR AN ACT ENTITLED, An Act to   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

     Was read the second time.



     The question being "Shall HB 1110 pass?"

     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; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; 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:
Klaudt; 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.

     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 1145 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 1032 and returns the same with the recommendation that said bill be amended as follows:

1032re

     On page 15, line 20 of the House Judiciary Committee engrossed bill, delete " child spends " and insert " court order allows the child to spend ".

1032rf

     On page 15, between lines 3 and 4 of the House Judiciary Committee engrossed bill, insert " The share of the custodial parent is presumed to be spent directly for the benefit of the child. ".

     And that as so amended said bill do pass.

Respectfully submitted,
Jarvis W. Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 45.


Respectfully,
Patricia Adam, Secretary

     Speaker Eccarius now presiding.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 44:   FOR AN ACT ENTITLED, An Act to   provide reciprocity for the licensing of insurance producers.

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

     SB 81:   FOR AN ACT ENTITLED, An Act to   provide for and regulate business trusts.

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

     SB 85:   FOR AN ACT ENTITLED, An Act to   prohibit certain persons from receiving a permit to carry a concealed pistol.

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

     SB 88:   FOR AN ACT ENTITLED, An Act to   prohibit certain deceptive trade practices regarding prescription discount cards.

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



     SB 103:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the confidentiality of lottery records.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1044, 1048, and 1071 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1044: FOR AN ACT ENTITLED, An Act to  revise certain dates pertaining to references to the Internal Revenue Code.

     HB 1048: FOR AN ACT ENTITLED, An Act to  authorize the secretary of revenue to revoke the license of a tobacco distributor or wholesaler for failure to provide certain information.

     HB 1071: FOR AN ACT ENTITLED, An Act to  revise the time criterion for the termination of certain liens and encumbrances.

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

     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.

     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.

     And signed the same in the presence of the House.

     Rep. McCoy moved that the House do now adjourn, which motion prevailed and at 3:24 p.m. the House adjourned.

Karen Gerdes, Chief Clerk