JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 8, 2001

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

     The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by House page Betsy Somsen.

     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 twenty-first 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.
COMMUNICATIONS AND PETITIONS


February 7, 2001

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1006, 1036, 1038, 1050, 1058, 1063, and 1067, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1169 and returns the same with the recommendation that said bill be amended as follows:

1169oa

     On page 1, line 4 of the printed bill, after " crop " insert ", animal, or organism".

     On page 1 , line 8, after " crop " insert ", animal, or organism".

     On page 1 , line 8, after " destroyed. " insert "However, this section does not apply to crops, animals, or organisms damaged or destroyed by emergency vehicles and personnel acting in a reasonable and prudent manner.".

     On page 1 , line 10, after " the crop " insert ", animal, or organism".

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

     On page 1 , line 11, after " crop " insert ", animal, or organism".

     On page 1 , line 12, delete " of the crop " .

     On page 1 , line 13, after " crop " insert ", animal, or organism".

     On page 2 , line 1, delete " crop development " and insert "development".

     On page 2 , line 1, after " the crop " insert ", animal, or organism".

1169ota

     On page 1, line 2 of the printed bill, after " products " insert ", animals, and organisms".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill be amended as follows:

1201ta

     On page 2, line 5 of the printed bill, delete " . However, all " and insert ", except as provided in this section. A legal fence for buffalo may use smooth wire rather than barbed wire. All".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1234 and 1292 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1222 and 1224 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1172, 1178, and 1209 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair
 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1216 and 1223 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1186 and tabled the same.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1245 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Richard "Dick" E. Brown, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

1221fc
     On page 2, line 21 of the printed bill, delete " 13-17 " and insert "13-37".

1221oa
     On page 2, line 15 of the printed bill, after " employees " insert "to lobby".

     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 HB 1180 and returns the same with the recommendation that said bill be amended as follows:

1180ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 5-24-9.3 be amended to read as follows:

     5-24-9.3.   The commissioner of the Bureau of Administration may make sales of material, machinery, equipment, or other personal property to state any political subdivisions subdivision of the state or to any political subdivision of any Indian tribe in the state if the political

subdivision of the Indian tribe exclusively provides governmental services of a type legally provided by a political subdivision of the state . Such sales shall follow the procedures for other sales, except that no notice or advertisement for bid requirements or time of sale requirements shall apply to such sale sales . "


1180jta
     On page 1, line 1 of the printed bill, delete " transfer " and insert "sale".

     And that as so amended 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 1280 and returns the same with the recommendation that said bill be amended as follows:

1280fa
     On page 1, line 9 of the printed bill, delete " shall " and insert "may".

     On page 3 , line 4, delete " No recommendation " and insert "Franklin Creek".

     On page 3 , line 5, delete " Sunshine " and insert "Cleopatra".

     On page 3 , line 6, delete " Sunshine " and insert "Cleopatra".

     On page 3 , line 7, delete " Patriot " and insert "Last Chance".

     On page 3 , line 8, delete " Patriot " and insert "African".

     And that as so amended 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 1184, 1215, and 1235 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1182, 1211, 1220, and 1288 and HJR 1002 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1261 and SB 76 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
J.P. Duniphan, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1021 and 1046 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 123, 155, 181, 185, 221, 223, 224, and 250 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1005:   A CONCURRENT RESOLUTION,   Recognizing February sixth as Kids Voting Day in South Dakota.

     Rep. Richard Brown moved that HCR 1005 as found on page 381 of the House Journal be adopted.

     The question being on Rep. Richard Brown's motion that HCR 1005 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, 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; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; 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

     Absent:
Lintz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

     SCR 8:   A CONCURRENT RESOLUTION,   Supporting programs that bring communities together to examine their demographic pasts and futures and that encourage them to look beyond traditional barriers to find practical solutions to the problems they face.

     Rep. Smidt moved that SCR 8 as found on page 298 of the Senate Journal be concurred in.

     The question being on Rep. Smidt's motion that SCR 8 be concurred in.

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, 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; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; 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

     Absent:
Lintz

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 9th, the 23rd legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Education on HB 1294 as found on page 377 of the House Journal ; also

     State Affairs on HB 1193 as found on pages 377 and 378 of the House Journal ; also

     Judiciary on HB 1194 as found on pages 393 to 395 of the House Journal ; also

     Judiciary on HB 1274 as found on page 396 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 117:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to background checks for school district employees.

     Was read the second time.

     The question being "Shall SB 117 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 91:   FOR AN ACT ENTITLED, An Act to   exempt certain school district employees from the requirement for certain background checks.

     Was read the second time.

     The question being "Shall SB 91 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 93:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the investment of permanent school funds and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 93 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 two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     SB 115:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning driver licenses and commercial driver licenses.

     Was read the second time.

     The question being "Shall SB 115 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; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; 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:
Monroe; 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.

     Speaker Pro tempore Michels now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1196:   FOR AN ACT ENTITLED, An Act to   authorize the funding of textbooks through the school capital outlay fund.

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

     The question being "Shall HB 1196 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; 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

     Nays:
Broderick; Duenwald; Frost; Jaspers; Juhnke; Konold; Monroe; Richter; 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 1158:   FOR AN ACT ENTITLED, An Act to   reallocate a certain portion of state aid to education.

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

     The question being "Shall HB 1158 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; 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; 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; Speaker Eccarius

     Nays:
Begalka; Kloucek; Napoli

     Excused:
Wick

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

     HB 1198:   FOR AN ACT ENTITLED, An Act to   provide for a possessory lien on the contents of certain towed vehicles.

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

     The question being "Shall HB 1198 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 16, Excused 2, Absent 0

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

     Nays:
Burg; Elliott; Flowers; Gillespie; Hargens; Hundstad; Klaudt; Kloucek; Monroe; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Sigdestad; Sutton (Duane); Valandra

     Excused:
Frost; Wick

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

     HB 1189:   FOR AN ACT ENTITLED, An Act to   revise the method for determining average daily membership as it applies to the state aid to education formula.

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

     Rep. Kooistra moved that HB 1189 be deferred to Tuesday, February 13th, the 25th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1243:   FOR AN ACT ENTITLED, An Act to   revise the definition of adjusted average daily membership in the state aid to education formula.

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

     Rep. Jaspers moved that HB 1243 be deferred to Tuesday, February 13th, the 25th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1020:   FOR AN ACT ENTITLED, An Act to   revise certain dairy inspection fees.

     Was read the second time.

     The question being "Shall HB 1020 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 16, Excused 0, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Elliott; Flowers; Gillespie; Glenski; Kloucek; Kooistra; Lange; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Sigdestad; Van Norman

     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 1227:   FOR AN ACT ENTITLED, An Act to   include certain students in the state aid to education formula.

     Was read the second time.

     The question being "Shall HB 1227 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Clark; Klaudt; Kloucek; Pitts; Richter; Van Gerpen

     Excused:
Garnos; Holbeck

     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 1199:   FOR AN ACT ENTITLED, An Act to   adjust the salary schedule for county officials.

     Was read the second time.

     The question being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lange; Madsen; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick

     Nays:
Begalka; Duenwald; Kooistra; Lintz; McCaulley; McCoy; Michels; Napoli; Peterson (Jim); Sigdestad; Van Gerpen; Speaker Eccarius

     Excused:
Garnos; Holbeck

     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 1251:   FOR AN ACT ENTITLED, An Act to   assign a rebuttable presumption that certain electors are not qualified when signing petitions.

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

     Rep. Davis moved that HB 1251 be placed to follow HB 1252 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1252:   FOR AN ACT ENTITLED, An Act to   establish a statewide voter registration file and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1252 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; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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:
Garnos; Holbeck; Smidt

     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 1251:   FOR AN ACT ENTITLED, An Act to   assign a rebuttable presumption that certain electors are not qualified when signing petitions.

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

     The question being "Shall HB 1251 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; 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; Wick; Speaker Eccarius

     Nays:
Bradford; Kloucek; Van Norman

     Excused:
Garnos; Holbeck

     Absent:
McCaulley

     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 1185:   FOR AN ACT ENTITLED, An Act to   provide certain protections for structured settlements.

     Was read the second time.

     The question being "Shall HB 1185 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     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 1204:   FOR AN ACT ENTITLED, An Act to   provide for certain combined school and municipal elections.

     Was read the second time.

     Rep. Lange moved the previous question.

     Which motion lost.

     Rep. Frost moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1204 pass?"

     And the roll being called:

     Yeas 20, Nays 49, Excused 0, Absent 1

     Yeas:
Adelstein; Brown (Richard); Derby; Duniphan; Glenski; Heineman; Hunhoff; Jaspers; Juhnke; McCaulley; Michels; Murschel; Napoli; Peterson (Bill); Richter; Smidt; Teupel; Van Etten; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Jensen; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Valandra; Van Gerpen; Van Norman

     Absent:
Davis

     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 1204 was lost.

     HB 1254:   FOR AN ACT ENTITLED, An Act to   revise how the motor vehicle excise tax is applied to certain vehicles.

     Was read the second time.

     The question being "Shall HB 1254 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 1, Absent 2

     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; 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; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Derby

     Absent:
Lange; Valandra

     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 123:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Partnership Act and to repeal conflicting provisions.

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

     SB 155:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the termination of life estates and joint tenancies.

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

     SB 181:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to underinsured motorist coverage limits.

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

     SB 185:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the assets allowed in the determination of the financial condition of an insurer.

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

     SB 221:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 223:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons.

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

     SB 224:   FOR AN ACT ENTITLED, An Act to   make an appropriation to help fund the memorials for persons awarded the Congressional Medal of Honor and for a fiftieth anniversary ceremony of the Korean War and to declare an emergency.

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

     SB 250:   FOR AN ACT ENTITLED, An Act to   provide that taking money or property from patients or inmates by certain institution employees constitutes theft.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1021, 1046, and 1095 and finds the same correctly enrolled.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1001, 1047, 1059, and 1069 were delivered to his Excellency, the Governor, for his approval at 9:33 a.m., February 8, 2001.

Respectfully submitted,
Scott Eccarius, Chair

     Speaker Eccarius now presiding.

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1021: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding liability for violations regarding plant quarantines and to establish certain fees for inspections and issuances of certificates for the movement of plants and plant products.

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

     HB 1095: FOR AN ACT ENTITLED, An Act to  revise the sizes of plats that may be filed with the register of deeds.

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

     And signed the same in the presence of the House.

MESSAGES FROM THE SENATE



MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved HB 1030 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form.

Respectfully,
Patricia Adam, Secretary

     Rep. Monroe moved that the House do now adjourn, which motion prevailed and at 3:57 p.m. the House adjourned.

Karen Gerdes, Chief Clerk