JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



NINETEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 5, 2001

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by House page Lori Mack.

     Roll Call: All members present except Rep. Derby who was 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 eighteenth 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.
     The oath of office was administered by Speaker Eccarius to the following named pages:
Lynnsey Anderson, Trevor Christiansen, Polly Haywood, Megan Huxtable, Rebecca Iverson, Andrea Kimball, Lori Mack, Rita Murray, Elizabeth Pajl, Sara Pillatzki, Lyndsie Plooster, Heidi Seyer, Betsy Somsen, and Clark Wismer.

    Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1225 and returns the same with the recommendation that said bill be amended as follows:

1225ra

     On page 1, line 8 of the printed bill, after " person, " insert " as defined in §  15-7-1, ".

     On page 1 , line 8, delete " , any limited liability company, " .

     On page 1 , line 9, delete " or limited liability company " .

     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 1122 and returns the same with the recommendation that said bill be amended as follows:

1122ja

     On page 1 , delete line 14 , and insert "hearing. The hearing shall be held within forty-eight hours if it concerns any apparent abused or neglected child or within twenty-four hours if it concerns any apparent delinquent child pursuant to §  26-8C-3 or any apparent child in need of supervision pursuant to §  26-8B-3 , excluding Saturdays,".

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1177 and returns the same with the recommendation that said bill be amended as follows:

1177fa
     On page 2, line 1 of the printed bill, delete everything after " secretary. " and insert " No If the secretary, pursuant to chapter 1-26D, accepts the final decision of the hearing examiner, no appeal from a final decision of the".

     On page 2 , line 2, remove the overstrikes from " secretary " .

     On page 2 , line 2, delete " to the South Dakota Supreme Court " .

     On page 2 , line 3, remove the overstrikes from " by the secretary " .

     On page 2 , line 3, after " amount. " insert "However, if the final decision of the secretary, pursuant to chapter 1-26D, rejects or modifies the decision of the hearing examiner regarding the amount due on the assessment, an appeal may be taken without payment of the amount ordered to be paid and without filing of a bond. If the secretary's decision is affirmed by the circuit court, no appeal may be taken unless any amount ordered to be paid by the secretary is paid or a bond is filed to insure payment of such amount.".

1177ra

     On page 1, line 13 of the printed bill, overstrike " chapter 1-26 " and insert " chapters 1-26 and 1-26D ".

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1120 and 1246 which were deferred to the 41st Legislative Day.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1265 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 1198 and returns the same with the recommendation that said bill be amended as follows:

1198ra

     On page 1, line 9 of the printed bill, delete " preempts the exemptions provided in §  43-45- 5 " and insert " attaches to the tools and implements which a person uses and keeps for the purpose of carrying on his or her trade or business ".
1198rb

     On line 3 of the previously adopted amendment (1198ra), after " business " insert " or to any clothing or food ".

     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 1257 and returns the same with the recommendation that said bill be amended as follows:

1257ra
     On page 1 of the printed bill, delete line 15 , and insert " the court. ".

     On page 2 , line 1, delete " held in contempt of the court's order pursuant to §  16-15-6. " .

     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 1272 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1297 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 99 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 1116 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 1289 which was deferred to the 41st Legislative Day.

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

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 141 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 Health and Human Services respectfully reports that it has had under consideration HB 1259 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1013 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 47, 98, 105, and 126 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary
MOTIONS AND RESOLUTIONS


     The Speaker appointed Reps. McCaulley, Jarvis Brown, and Flowers as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1056.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Education on HB 1158 as found on pages 320 and 321 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1205:   FOR AN ACT ENTITLED, An Act to   provide for the licensing of certain real estate corporations and limited liability companies.

     Was read the second time.

     The question being "Shall HB 1205 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 4, Absent 1

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

     Nays:
Napoli

     Excused:
Derby; Duenwald; McCoy; Peterson (Bill)

     Absent:
Lange

     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 1218:   FOR AN ACT ENTITLED, An Act to   prohibit directed suretyship.

     Was read the second time.

     The question being "Shall HB 1218 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; 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; 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:
Derby; Duenwald; McCoy

     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 50:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the state's accounting systems and the financial statements prepared by the Bureau of Finance and Management.

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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; 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; Monroe

     Excused:
Derby; Duenwald

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

     Was read the second time.

     The question being "Shall SB 88 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Derby

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

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

     Rep. Thomas Hennies moved that HB 1108 be deferred to Wednesday, February 7th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

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

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

     Rep. Bill Peterson moved that HB 1134 be placed to follow HB 1106 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1126:   FOR AN ACT ENTITLED, An Act to   limit the application of implied consent in circumstances involving an arrest for vehicular homicide or vehicular battery.

     Was read the second time.

     The question being "Shall HB 1126 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, Absent 1

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

     Excused:
Derby

     Absent:
Smidt

     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 1249:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions regarding the use of a vehicle at certain intersections.

     Was read the second time.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1249 pass as amended?"

     And the roll being called:

     Yeas 40, Nays 29, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Burg; Davis; Duenwald; Duniphan; Elliott; Frost; Fryslie; Hansen (Tom); Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Jaspers; Klaudt; Koistinen; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Pummel; Rhoden; Sebert; Slaughter; Smidt; Sutton (Duane); Teupel; Van Gerpen; Van Norman; Wick

     Nays:
Abdallah; Broderick; Brown (Richard); Clark; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hunhoff; Jensen; Juhnke; Kloucek; Konold; Kooistra; Michels; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sigdestad; Solum; Valandra; Van Etten; Speaker Eccarius

     Excused:
Derby

     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 1174:   FOR AN ACT ENTITLED, An Act to   revise the provisions for municipal checks and warrants to conform with state standards.

     Was read the second time.

     The question being "Shall HB 1174 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     Excused:
Derby

     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 1188:   FOR AN ACT ENTITLED, An Act to   revise certain dates relating to the validation of prior bonds of political subdivisions.

     Was read the second time.

     The question being "Shall HB 1188 pass?"

     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; 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; 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:
Kloucek

     Excused:
Derby; Michels

     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 1200:   FOR AN ACT ENTITLED, An Act to   require certain format standards for real estate documents filed at the register of deeds.

     Was read the second time.

     The question being "Shall HB 1200 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

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

     Nays:
Kloucek; Nachtigal

     Excused:
Derby; Michels

     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 1019:   FOR AN ACT ENTITLED, An Act to   revise certain requirements and fees regarding various agricultural related licenses, certificates, registrations, and inspections and to provide for the disposition of certain fees.

     Was read the second time.

     Pursuant to Joint Rule 5-9, Rep. Kloucek requested a division of the question.

    The Speaker denied the request, pursuant to Article III, Section 21 of the South Dakota Constitution.

    Rep. Kloucek moved to appeal the ruling of the Speaker.

    The Speaker directed a roll call vote.

     The question being on the Speaker's ruling.

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Davis; Elliott; Flowers; Gillespie; Glenski; Hargens; Hundstad; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Derby

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the decision of the Speaker was sustained.

     Rep. Kloucek announced his intention to file a dissent on the ruling of the chair.

1019ta

     Rep. Van Gerpen moved that HB 1019 be amended as follows:

     On page 15, line 19 of the House Agriculture and Natural Resources Committee engrossed bill, after " year " insert " or a dealer who is in business for less than three months in a year and only sells plants obtained from an inspected in-state nursery ".

     Which motion prevailed and HB 1019 was so amended.

     The question being "Shall HB 1019 pass as amended?"


     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Flowers; Hundstad; Klaudt; Kloucek; McCaulley; Monroe; Nachtigal; Napoli

     Excused:
Derby; Michels

     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 1127:   FOR AN ACT ENTITLED, An Act to   modify the procedure for the remittance of the 911 surcharge.

     Was read the second time.

     The question being "Shall HB 1127 pass as amended?"

     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; 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; 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:
Derby; Michels

     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 1003:   FOR AN ACT ENTITLED, An Act to   prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1003 be placed to follow HB 1134 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1168:   FOR AN ACT ENTITLED, An Act to   award grants to certain school districts.

     Was read the second time.

     Rep. Richter moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1168 pass?"

     And the roll being called:

     Yeas 38, Nays 30, Excused 1, Absent 1

     Yeas:
Adelstein; Bartling; Bradford; Brown (Jarvis); Brown (Richard); Burg; Davis; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Jaspers; Juhnke; Kloucek; Koistinen; Kooistra; Lange; Madsen; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Jim); Pitts; Slaughter; Valandra; Van Gerpen; Van Norman

     Nays:
Abdallah; Begalka; Broderick; Clark; Frost; Hansen (Tom); Heineman; Hunhoff; Jensen; Klaudt; Konold; Lintz; McCaulley; McCoy; Michels; Napoli; Olson (Mel); Peterson (Bill); Pummel; Rhoden; Richter; Sebert; Sigdestad; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Excused:
Derby

     Absent:
Glenski

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

     Rep. Michels announced his intention to reconsider the vote by which HB 1168 was lost.

     HB 1106:   FOR AN ACT ENTITLED, An Act to   revise the classes of investments available for state funds.

     Was read the second time.

     Rep. Broderick moved that HB 1106 be deferred to Wednesday, February 7th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

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

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

     Rep. Bill Peterson moved that HB 1134 be deferred to Wednesday, February 7th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1003:   FOR AN ACT ENTITLED, An Act to   prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance.

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

1003jg

     Rep. Bill Peterson moved that HB 1003 be amended as follows:

     On page 1, between lines 4 and 5 of the House Commerce Committee engrossed bill, insert:

"
             (1)    "Genetic information," information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes;".

     On page 1 , line 5, delete " (1) " and insert "(2)".

     On page 1 , line 13, delete " (2) " and insert "(3)".

     On page 2 , between lines 3 and 4, insert:

"

             (4)    "Health factors," in relation to an individual, any of the following health status- related factors:

             (a)    Health status;
             (b)    Medical condition (including both physical and mental illnesses);
             (c)    Claims experience;
             (d)    Receipt of health care;
             (e)    Medical history;
             (f)    Genetic information;
             (g)    Evidence of insurability; or
             (h)    Disability;".

     On page 2 , line 4, delete " (3) " and insert "(5)".

     On page 2 , line 7, delete " (4) " and insert "(6)".

     On page 2 , after line 14, insert:

"      Section 3. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

     No health carrier may discriminate in the underwriting of, renewal of, or rates charged for its health benefit plan based upon health factors.".

     Which motion prevailed and HB 1003 was so amended.

     The question being "Shall HB 1003 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; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; 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 Norman; Wick; Speaker Eccarius

     Nays:
Kooistra

     Excused:
Derby; Hennies (Thomas); 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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 47:   FOR AN ACT ENTITLED, An Act to   provide benefit improvements for certain members of the South Dakota Retirement System, to revise the provisions for the purchase of uncredited service by members of the system.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 98:   FOR AN ACT ENTITLED, An Act to   establish certain penalties for failure to control weeds and pests.

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

     SB 105:   FOR AN ACT ENTITLED, An Act to   provide for a comprehensive study by the Corrections Commission of inmate telephone services at Department of Corrections institutions.

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

     SB 126:   FOR AN ACT ENTITLED, An Act to   clarify the survey requirements for sanitary districts.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1:   FOR AN ACT ENTITLED, An Act to   require written informed consent before genetic testing.

     Was read the second time.

     Rep. Monroe moved that SB 1 be deferred to Tuesday, February 6th, the 20th legislative day.

     Which motion lost.

     The question being "Shall SB 1 pass as amended?"

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

     Excused:
Derby; Hennies (Thomas)

     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 2:   FOR AN ACT ENTITLED, An Act to   prohibit employers from obtaining, seeking, or using genetic information.

     Was read the second time.

2ji

     Rep. Mel Olson moved that SB 2 be amended as follows:
     On page 2 of the House Commerce Committee engrossed bill, delete lines 10 and 11 , and insert:

"    For the purposes of this Act, genetic information is information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. This includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes.".


     Which motion prevailed and SB 2 was so amended.

     The question being "Shall SB 2 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

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

     Excused:
Derby

     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.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Whiting, Bogue, and Symens as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1056.

Respectfully,
Patricia Adam, Secretary
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1013, 1023, and 1064 and finds the same correctly enrolled.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1006, 1036, 1038, 1050, 1058, 1063, and 1067 were delivered to his Excellency, the Governor, for his approval at 2:20 p.m., February 2, 2001.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     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.

     HB 1064: FOR AN ACT ENTITLED, An Act to  clarify the law enforcement authority of conservation officers.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1008   Introduced by:  Representatives Kloucek, Bartling, Begalka, Clark, Elliott, Flowers, Glenski, Hanson (Gary), Hargens, Hunhoff, Lange, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), and Van Norman and Senators Putnam, Hutmacher, Koetzle, Moore, Olson (Ed), and Sutton (Dan)

         A LEGISLATIVE COMMEMORATION,  Honoring Stephanie Kokesh, Scotland, South Dakota's 2000 Youth Citizen of the Year.
     WHEREAS,  Stephanie Kokesh has exhibited excellence in both academics and athletics in her selection as Homecoming Queen and Academic All-State for football statistician and cross country, as well as her membership in the National Honor Society and on the honor roll; and

     WHEREAS,  Stephanie's contributions to her church and community have demonstrated her great sense of volunteerism and civic pride; and

     WHEREAS,  Stephanie's parents, Marilyn and the late Dennis Kokesh, and sisters, Desiree and Molly, have given their encouragement and support to Stephanie:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Stephanie Kokesh be recognized for her selection as Scotland, South Dakota's 2000 Youth Citizen of the Year.

     HC 1009   Introduced by:  Representatives Kloucek, Bartling, Begalka, Clark, Davis, Elliott, Flowers, Glenski, Hanson (Gary), Hargens, Hunhoff, Lange, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), and Van Norman and Senators Moore, Hutmacher, Koetzle, Olson (Ed), Putnam, and Sutton (Dan)

         A LEGISLATIVE COMMEMORATION,  Honoring Arlene Russell, Scotland, South Dakota's 2000 Citizen of the Year.

     WHEREAS,  Arlene Russell's dedication to the education of Scotland's children in the areas of special education and music and as Title I director and librarian since 1964 have been invaluable; and

     WHEREAS,  Arlene Russell's years of selfless involvement in Scotland's civic club have truly demonstrated her commitment to the town and its citizens; and

     WHEREAS,  Arlene Russell's leadership and dedication in promoting Scotland's community choir, theater group, and lay ministry have improved the quality of life for the town's residents and visitors; and

     WHEREAS,  Arlene's husband, Dale, children, John, Kay, Susan, and Joan, her thirteen grandchildren, and two great-grandchildren have provided Arlene much support:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Arlene Russell be recognized for her selection as Scotland, South Dakota's 2000 Citizen of the Year.

     Rep. Garnos moved that the House do now adjourn, which motion prevailed and at 3:50 p.m. the House adjourned.

Karen Gerdes, Chief Clerk