JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 31, 2001

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

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by House page Janae Herman.

     Roll Call: All members present except Reps. Tom Hansen and Hundstad 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 fifteenth 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 Education respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill be amended as follows:

1196da
     On page 1, line 7 of the printed bill, remove the overstrikes from " or " .

     On page 1 , line 7, delete " , or textbooks " .

     On page 1 , line 9, delete " or textbooks " .

     On page 2 , after line 5, insert:

" The capital outlay fund may be used to purchase textbooks and instructional software. ".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:

1149da

     On page 1 , line 9 of the printed bill, after " district " insert "or school bus contracting company".

     On page 1, after line 10, insert:

"      Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Each school district and school bus contracting company shall report to the Department of Education and Cultural Affairs, in a manner prescribed by the secretary, the names and social security numbers of all individuals it employs as bus drivers. The school district and school bus contracting company shall inform the department of any changes to the list within seven days after they occur.".

1149dta

     On page 1, line 1 of the printed bill, after " districts " insert "or school bus contracting companies".
     And that as so amended said bill 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 1183 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill be amended as follows:

1002jb
     On page 1, line 15 of the printed bill, delete " and " and insert " or ".

1002ja

     On page 1, line 15 of the printed bill, after " party " insert " or the holder of the privileged records ".

     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1118 and 1173 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1146 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 State Affairs respectfully reports that it has had under consideration HB 1090 and tables the same.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1121 and 1147 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1154 and 1157 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1126 and returns the same with the recommendation that said bill be amended as follows:

1126ra
     On page 1 of the printed bill, delete lines 4 to 8 , inclusive.

     On page 2 , delete lines 3 and 4 , and insert "or chemical analysis may be required unless the person has been".

     On page 2 , line 6, after " 32-23-4.6 " insert " or has been arrested for vehicular homicide under §  22-16-41 or vehicular battery under §  22-16-42 ".

1126rta

     On page 1, line 1 of the printed bill, delete " require any driver involved in a fatal traffic accident to " and insert "limit the application of implied consent in circumstances involving an arrest for vehicular homicide or vehicular battery.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1160 and tables the same.

Respectfully submitted,
Jarvis W. Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1078 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1018, 1022, 1026, 1028, 1030, 1051, 1057, 1061, 1066, and 1076 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 94 and 183 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1050.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1050.

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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

     Excused:
Hansen (Tom); Hundstad

     Absent:
Teupel

     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.

     Rep. Smidt moved that the House do concur in Senate amendments to HB 1067.

     The question being on Rep. Smidt's motion that the House do concur in Senate amendments to HB 1067.

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; 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

     Nays:
Koistinen

     Excused:
Hansen (Tom); Hundstad

     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.


      HCR 1004   Introduced by:  Representatives Flowers, Abdallah, Bartling, Bradford, Burg, Davis, Elliott, Gillespie, Glenski, Hanson (Gary), Hargens, Jaspers, Kloucek, Lange, Monroe, Murschel, Nachtigal, Napoli, Nesselhuf, Olson (Mel), Peterson (Jim), Rhoden, Richter, Sigdestad, Valandra, and Van Norman and Senators Volesky, de Hueck, Dennert, Duxbury, Greenfield, Hutmacher, Kleven, Koetzle, McIntyre, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), and Symens

         A CONCURRENT RESOLUTION,  Urging Congress to conduct an investigation of the natural gas commodity market and to establish a national energy policy.

     WHEREAS,  unparalleled natural gas commodity price increases have occurred in the past year even though no natural gas shortage is said to exist; and

     WHEREAS,  local distribution costs and interstate transmission costs are regulated, but prices paid to producers and natural gas commodity brokers have been deregulated by Congress; and

     WHEREAS,  the current commodity price of natural gas paid by utilities and passed on to consumers has created economic hardship both in South Dakota and throughout the nation; and

     WHEREAS,  there is no national energy policy regarding natural gas use and supply standards; and

     WHEREAS,  virtually all new or planned electric generation facilities use or will use natural gas, thereby diminishing supply and further increasing upward pressure on prices; and

     WHEREAS,  the lack of minimum energy efficiency standards for new or existing homes magnifies the effect energy prices have on consumers' economic well being; and

     WHEREAS,  no state or federal agency regulates natural gas commodity prices or can establish national energy policy; and

     WHEREAS,  Congress is the only entity able to effect national energy policy and establish natural gas commodity pricing standards; and

     WHEREAS,  possible irregularities in natural gas commodity market pricing should be investigated, and Congress is the appropriate entity to conduct an investigation:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the United States Congress is urged to consider the negative economic effects upon homeowners of burning natural gas to generate electricity and to immediately commence an investigation into the deregulated natural gas commodity market to determine if abuse or irregularities exist with market-based pricing and market practices and, if necessary, institute corrective measures and controls; and

     BE IT FURTHER RESOLVED,  that the United States Congress is urged to address the lack of minimum standards for natural gas production and supply and to establish long-term national

energy policy designed to improve energy efficiency and provide stable energy pricing and adequate energy supplies.

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the report of the Standing Committee on

     Local Government on HB 1124 as found on pages 260 and 261 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1128:   FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning county budget hearings.

     Was read the second time.

     The question being "Shall HB 1128 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; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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:
Duenwald; Hansen (Tom); Hundstad

     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 35:   FOR AN ACT ENTITLED, An Act to   require insurance producers to sell only investments authorized pursuant to certain provisions.

     Was read the second time.

     The question being "Shall SB 35 pass as amended?"

     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; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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:
Duenwald; Hansen (Tom); Hundstad

     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 36:   FOR AN ACT ENTITLED, An Act to   revise nonrenewal and preexisting condition provisions and to correct outdated references for health insurance plans.

     Was read the second time.

     The question being "Shall SB 36 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, 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; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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

     Excused:
Duenwald; Hansen (Tom); Hundstad

     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 37:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for continuation and conversion of employer health plans.

     Was read the second time.

     The question being "Shall SB 37 pass as amended?"

     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; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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:
Duenwald; Hansen (Tom); Hundstad

     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 1109:   FOR AN ACT ENTITLED, An Act to   permit the detention in an adult jail of certain juveniles convicted as adults.

     Was read the second time.

     The question being "Shall HB 1109 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; 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

     Nays:
Klaudt; McCoy

     Excused:
Duenwald; Hansen (Tom); Hundstad

     Absent:
Garnos

     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 1145:   FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain arrests may be effected without a warrant.

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

     The question being "Shall HB 1145 pass?"

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Konold; Lange; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sigdestad; Smidt; Solum; Sutton (Duane); Van Norman; Wick

     Nays:
Bradford; Frost; Klaudt; Koistinen; Kooistra; Lintz; Madsen; McCaulley; Monroe; Napoli; Rhoden; Sebert; Slaughter; Teupel; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

     Excused:
Hansen (Tom); Hundstad

     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 1144:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child custody.

     Was read the second time.

     The question being "Shall HB 1144 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 21, Excused 2, Absent 1

     Yeas:
Abdallah; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Frost; Garnos; Glenski; Hanson (Gary); Hargens; Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Kloucek; Konold; Kooistra; Lange; McCaulley; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Speaker Eccarius

     Nays:
Adelstein; Begalka; Bradford; Duniphan; Flowers; Fryslie; Gillespie; Hennies (Don); Hennies (Thomas); Jensen; Koistinen; Lintz; Madsen; McCoy; Pitts; Pummel; Richter; Solum; Van Gerpen; Van Norman; Wick

     Excused:
Hansen (Tom); Hundstad

     Absent:
Klaudt

     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 1032:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child support.

     Was read the second time.

     The question being "Shall HB 1032 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

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

     Nays:
Duniphan; Fryslie; Pitts; Solum

     Excused:
Hansen (Tom); Hundstad; Pederson (Gordon)

     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 1125:   FOR AN ACT ENTITLED, An Act to   provide for additional nonresident waterfowl licenses for certain areas of the state.

     Was read the second time.

     Rep. Lange moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1125 pass?"

     And the roll being called:

     Yeas 37, Nays 31, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Brown (Jarvis); Burg; Clark; Davis; Derby; Duenwald; Elliott; Frost; Fryslie; Garnos; Gillespie; Hanson (Gary); Hargens; Hunhoff; Jensen; Juhnke; Klaudt; Koistinen; Lange; Lintz; Madsen; McCoy; Michels; Nachtigal; Nesselhuf; Peterson (Jim); Pummel; Rhoden; Sigdestad; Slaughter; Teupel; Valandra; Van Norman; Speaker Eccarius

     Nays:
Abdallah; Adelstein; Broderick; Brown (Richard); Duniphan; Flowers; Glenski; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Kloucek; Konold; Kooistra; McCaulley; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sebert; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Wick

     Excused:
Hansen (Tom); Hundstad

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

     HB 1108   :   FOR AN ACT ENTITLED, An Act to   revise the definition of local effort in the state aid to education formula.

     Was read the second time.

     Rep. Thomas Hennies moved that HB 1108 be deferred to Monday, February 5th, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1011:   FOR AN ACT ENTITLED, An Act to   revise certain election provisions concerning political parties and candidates.

     Was read the second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 20, Nays 46, Excused 4, Absent 0

     Yeas:
Bartling; Bradford; Brown (Jarvis); Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Klaudt; Kloucek; Lange; Nachtigal; Nesselhuf; Peterson (Jim); Sigdestad; Valandra; Van Norman

     Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Hansen (Tom); Hundstad; Juhnke; Sutton (Duane)

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

     HB 1156:   FOR AN ACT ENTITLED, An Act to   permit the consolidation of certain special elections on referendum petitions with the special election on April 10, 2001, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1156 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; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; 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; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Hansen (Tom); Hundstad; Juhnke; Sutton (Duane)

     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 1103:   FOR AN ACT ENTITLED, An Act to   provide certain requirements for prescription labels when a generic drug is dispensed.

     Was read the second time.


     The question being "Shall HB 1103 pass?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, 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; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
McCaulley; Monroe; Pitts; Speaker Eccarius

     Excused:
Hansen (Tom); Hundstad; Juhnke; Sutton (Duane)

     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 1134:   FOR AN ACT ENTITLED, An Act to   establish license requirements for well pump installers and well repairers.

     Was read the second time.

     Rep. Napoli moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1134 pass?"

     And the roll being called:

     Yeas 32, Nays 35, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Kloucek; Konold; Lange; Madsen; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sebert; Sigdestad; Solum; Teupel; Valandra; Van Norman


     Nays:
Abdallah; Begalka; Brown (Jarvis); Duenwald; Frost; Fryslie; Garnos; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Kooistra; Lintz; McCaulley; McCoy; Michels; Monroe; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Slaughter; Smidt; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Hansen (Tom); Hundstad; Sutton (Duane)

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

     Rep. Derby announced his intention to reconsider the vote by which HB 1134 was lost.

     HB 1148:   FOR AN ACT ENTITLED, An Act to   authorize certain activities by golf course architects.

     Was read the second time.

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     Rep. Derby moved that HB 1148 be amended as follows:

     On page 1, line 6 of the printed bill, delete " architect " and insert "designer".

     On page 1 , line 7, delete " architect " and insert "designer".

     Which motion prevailed and HB 1148 was so amended .

     The question being "Shall HB 1148 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

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


     Nays:
Jensen; Klaudt; Kloucek; Pitts

     Excused:
Hansen (Tom); Hundstad; Sutton (Duane)

     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. Derby moved that the title to HB 1148 be amended as follows:

     On page 1, line 1 of the printed bill, delete " architects " and insert "designers".

     Which motion prevailed and the title was so amended.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 94:   FOR AN ACT ENTITLED, An Act to   establish a statute of limitations for veterinary services.

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

     SB 183:   FOR AN ACT ENTITLED, An Act to   allow the resignation of the registered agent of a limited liability partnership.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 34:   FOR AN ACT ENTITLED, An Act to   allow weights and measures inspections to be performed biennially.

     Was read the second time.

     The question being "Shall SB 34 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 26, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Pederson (Gordon); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Jensen; Juhnke; Klaudt; Kloucek; Kooistra; Lange; Nachtigal; Olson (Mel); Peterson (Bill); Peterson (Jim); Sigdestad; Valandra; Van Etten; Van Gerpen; Van Norman

     Excused:
Hansen (Tom); Hundstad; Sutton (Duane)

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

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1249 and returns the same with the recommendation that said bill be amended as follows:

1249ra
     On page 1 of the printed bill, delete lines 8 and 9 , and insert:

" does not apply to a vehicle passing another vehicle at an intersection of a state highway with a township road or improved section line unless the ".


     On page 1 , delete lines 11 to 15 , inclusive.

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

1249rta
     On page 1, line 2 of the printed bill, delete " on a state highway " and insert "at certain intersections".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1236 and returns the same with the recommendation that said bill be amended as follows:

1236oa

     On page 1, line 9 of the printed bill, remove the overstrikes from " or any financing institution licensed " .

     On page 1 , delete line 10 , and insert "pursuant to chapter 54-7 54-4 ;".

     On page 1 , delete line 11 .

     On page 1 , line 12, delete " or creditor " .

     On page 2 , line 11, remove the overstrikes from " financing institution as defined in and " .

     On page 2 , delete line 12 , and insert "licensed pursuant to chapter 54-7 54-4 that acquires".

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

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

Also MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1018, 1022, 1026, 1028, 1030, 1051, 1057, 1061, 1066, and 1076 and finds the same correctly enrolled.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1044, 1048, and 1071 were delivered to his Excellency, the Governor, for his approval at 9:18 a.m., January 31, 2001.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1009 and 1055 were delivered to his Excellency, the Governor, for his approval at 4:10 p.m., January 31, 2001.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1018: FOR AN ACT ENTITLED, An Act to  authorize the Department of Health to establish a program for processing waiver requests for international medical graduates and to establish a fee for processing waiver requests.

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

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

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

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

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

     HB 1057: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the law enforcement authority of conservation officers.

     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.

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

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

     And signed the same in the presence of the House.

     Rep. Fryslie moved that the House do now adjourn, which motion prevailed and at 4:21 p.m. the House adjourned.

Karen Gerdes, Chief Clerk