JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TWENTY-SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 14, 2001

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page Trevor Christiansen.

     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-fifth 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 13, 2001

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1001, 1021, 1046, 1047, 1059, 1069, 1080, 1087, 1095, and 1128, 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 Education respectfully reports that it has had under consideration HB 1217 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1142 and returns the same with the recommendation that said bill be amended as follows:

1142ca

     On page 2, line 14 of the printed bill, delete " eight " and insert "eighty-five thousand dollars ($85,000)".

     On page 2 , line 15, delete " hundred thousand dollars ($800,000) " .

     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 1143 which was deferred to the 41st Legislative Day.

 Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1151, 1152, 1238, and 1273 which were 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 1107, 1167, 1175, and 1242 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 137 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 1283 and tabled the same.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1002, 1025, 1085, 1091, 1109, 1122, and 1124 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 168, 175, 202, 204, 210, and 214 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary
MOTIONS AND RESOLUTIONS


     Rep. Duenwald moved that the House do concur in Senate amendments to HB 1060.

     The question being on Rep. Duenwald's motion that the House do concur in Senate amendments to HB 1060.

     And the roll being called:

     Yeas 64, Nays 0, Excused 2, Absent 4

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

     Excused:
Valandra; Speaker Eccarius

     Absent:
Brown (Richard); Hansen (Tom); Hennies (Don); Konold

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

     Rep. Jarvis Brown moved that the House do not concur in Senate amendments to HB 1075 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. McCaulley, Murschel, and Gillespie.

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1077.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1077.

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Valandra; Van Norman

     Excused:
Sutton (Duane)

     Absent:
Richter

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

     Rep. Jarvis Brown moved that the House do not concur in Senate amendments to HB 1079 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Madsen, McCaulley, and Bartling.

     Yesterday, Rep. Bill Peterson announced his intention to reconsider the vote by which HB 1189 was passed.

     Rep. Bill Peterson moved that the House do now reconsider the vote by which HB 1189 was passed.

     The question being on Rep. Bill Peterson's motion to reconsider the vote by which HB 1189 was passed.

     And the roll being called:

     Yeas 46, Nays 23, Excused 1, Absent 0

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

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

     Excused:
Begalka

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1189 was up for reconsideration and final passage.

     Rep. Bill Peterson moved that HB 1189 be deferred to Friday, February 16th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     Yesterday, Rep. Bill Peterson announced his intention to reconsider the vote by which HB 1243 was passed.

     Rep. Bill Peterson moved that the House do now reconsider the vote by which HB 1243 was passed.

     The question being on Rep. Bill Peterson's motion to reconsider the vote by which HB 1243 was passed.

     And the roll being called:

     Yeas 43, Nays 26, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Broderick; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hundstad; Jaspers; Kloucek; Lange; McCaulley; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Pitts

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1243 was up for reconsideration and final passage.

     Rep. Bill Peterson moved that HB 1243 be deferred to Friday, February 16th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     HCR 1012:   A CONCURRENT RESOLUTION,   Urging action to stop mergers and acquisitions by large-scale agribusiness corporations.

     Rep. Kloucek moved that HCR 1012 as found on page 471 of the House Journal be adopted.

1012xa

     Rep. Kloucek moved that HCR 1012 be amended as follows:

     On page 1, line 9 of the printed resolution, delete " IAP " and insert "IBP".

     Which motion prevailed and HCR 1012 was so amended.

     The question being on Rep. Kloucek's motion that HCR 1012 be adopted as amended."

     And the roll being called:

     Yeas 23, Nays 44, Excused 3, Absent 0

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

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

     Excused:
Derby; Duenwald; Pitts

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

     HCR 1013:   A CONCURRENT RESOLUTION,   Expressing support for aviation grade ethanol.

     Rep. Smidt moved that HCR 1013 as found on page 472 of the House Journal be adopted.

     The question being on Rep. Smidt's motion that HCR 1013 be adopted.

     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; 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); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Derby; Duenwald; Pitts; Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

     HCR 1014   Introduced by:  Representatives Elliott, Bartling, Begalka, Davis, Eccarius, Frost, Garnos, Heineman, Hennies (Don), Hundstad, Kooistra, McCaulley, McCoy, Monroe, Smidt, Sutton (Duane), Van Gerpen, Van Norman, and Wick and Senators Olson (Ed), Brosz, Daugaard, Diedtrich (Elmer), Ham, Hutmacher, McIntyre, Munson, and Volesky

         A CONCURRENT RESOLUTION,  Urging awareness and support for reading and reading programs in our homes and communities.

     WHEREAS,  the citizens of South Dakota stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

     WHEREAS,  South Dakota is further committed to the importance of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community's well-being and long-term quality of life; and

     WHEREAS,  Read Across America, a national celebration of Dr. Seuss's birthday on March 2, promotes reading and adult involvement in the education of the students in our communities:

     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 South Dakota Legislature calls on the citizens of South Dakota to assure that every child is in a safe place reading together with a caring adult on March 2, 2001, to enthusiastically endorse Read Across America, and to recommit our state to engage in programs and activities to make America's children the best readers in the world.

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

     Rep. Richard Brown moved that the Committee on Education be instructed to deliver HB 1152 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1155 as found on pages 462 and 463 of the House Journal ; also

     State Affairs on HB 1159 as found on page 463 of the House Journal ; also

     State Affairs on HB 1262 as found on pages 463 and 464 of the House Journal ; also

     Appropriations on HB 1015 as found on page 465 of the House Journal ; also

     Appropriations on HB 1068 as found on pages 465 and 466 of the House Journal ; also

     Agriculture and Natural Resources on HB 1250 as found on page 466 of the House Journal ; also


     Local Government on HB 1282 as found on page 467 of the House Journal ; also

     Local Government on HB 1287 as found on page 468 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Konold moved that the report of the Conference Committee on SB 2 as found on page 480 of the House Journal be adopted.

     The question being on Rep. Konold's motion that the report of the Conference Committee on SB 2 be adopted.

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Monroe

     Excused:
Brown (Richard); Holbeck; Pitts

     Absent:
Abdallah

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1247:   FOR AN ACT ENTITLED, An Act to   revise the requirements for volunteer firefighters to become eligible for workers' compensation.

     Was read the second time.

     The question being "Shall HB 1247 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Peterson (Jim)

     Excused:
Brown (Richard); Holbeck; Pitts

     Absent:
Abdallah

     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 1277:   FOR AN ACT ENTITLED, An Act to   repeal the requirement of a lien against the property of any land which is found to have an underground petroleum tank and to declare an emergency.

     Was read the second time.

      The question being "Shall HB 1277 pass?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 3, Absent 1


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; 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; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Flowers; Nachtigal

     Excused:
Brown (Richard); Holbeck; Pitts

     Absent:
Van Gerpen

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1194:   FOR AN ACT ENTITLED, An Act to   increase certain penalties for unlawful use of computers and computer networks.

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

     The question being "Shall HB 1194 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent 0

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

     Nays:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Hargens; Hundstad; Klaudt; Kloucek; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Rhoden; Sigdestad; Valandra; Van Norman; Speaker Eccarius

     Excused:
Brown (Richard); 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 1241:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of stalking to include certain forms of harassing communications.

     Was read the second time.

     The question being "Shall HB 1241 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Begalka; Duenwald; Klaudt; Lintz; Monroe; Napoli; Rhoden; Teupel

     Excused:
Brown (Richard); 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.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 154 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 SB 123 and returns the same with the recommendation that said bill be amended as follows:

123jc
     On page 40, between lines 10 and 11 of the printed bill, insert:

"

             (1)    Any registered agent of a limited liability partnership may resign upon written notice to the limited liability partnership. The registered agent shall file a copy of the resignation with the secretary of state;

             (2)    Upon an agent's resignation, the secretary of state is appointed the agent of the limited liability partnership for service of process until a new agent is appointed.".

123jb
     On page 46, line 12 of the printed bill, delete " ten dollars " and insert "as follows".

     On page 46 , line 13, after " Authority " insert ", ninety dollars".

     On page 46 , line 14, after " Denial " insert ", ten dollars".

     On page 46 , line 15, after " Dissociation " insert ", ten dollars".

     On page 46 , line 16, after " Dissolution " insert ", ten dollars".

     On page 46 , line 17, after " Merger " insert ", ten dollars".

     On page 46 , line 18, after " Qualification " insert ", ninety dollars".

     On page 46 , line 19, after " Report " insert ", twenty-five dollars".

     On page 46 , line 20, after " Qualification " insert ", ninety dollars".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 183 and tabled the same.

Respectfully submitted,
Jarvis W. Brown, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 2.

Respectfully,
Patricia Adam, Secretary

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

      HB 1268:   FOR AN ACT ENTITLED, An Act to   create a teacher mentor program and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1268 pass?"

     And the roll being called:

     Yeas 25, Nays 44, Excused 1, Absent 0

     Yeas:
Abdallah; Duenwald; Duniphan; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Holbeck; Jaspers; Juhnke; Konold; McCaulley; Michels; Monroe; Pederson (Gordon); Peterson (Bill); Sebert; Slaughter; Smidt; Solum; Teupel; Van Etten; Wick; Speaker Eccarius

     Nays:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby; Elliott; Flowers; Frost; Fryslie; Gillespie; Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCoy; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sigdestad; Sutton (Duane); Valandra; Van Gerpen; Van Norman

     Excused:
Brown (Richard)

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

     Speaker Eccarius now presiding.

     HB 1181:   FOR AN ACT ENTITLED, An Act to   place certain restrictions on the excusing of students from school attendance to receive alternative instruction.

     Was read the second time.

1181ta

     Rep. Thomas Hennies moved that HB 1181 be amended as follows:

     On page 1, line 11 of the House Education Committee engrossed bill, delete everything after " it. " and insert " The school board shall act on the application for excuse and on the request for waiver of the thirty-day requirement as expeditiously as possible. ".

     On page 1 , delete lines 12 and 13 , and insert "School".

     Which motion prevailed and HB 1181 was so amended.

     The question being "Shall HB 1181 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 16, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Frost; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Kloucek; Koistinen; Konold; Kooistra; Lange; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Duniphan; Fryslie; Gillespie; Hargens; Juhnke; Klaudt; Lintz; Madsen; McCaulley; Napoli; Pederson (Gordon); Peterson (Jim); Teupel; Valandra; Van Gerpen

     Excused:
Brown (Richard); Derby; 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 1237:   FOR AN ACT ENTITLED, An Act to   authorize certain students in alternative instruction to participate in public school interscholastic contests and competition.

     Was read the second time.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 42, Excused 0, Absent 0

     Yeas:
Adelstein; Begalka; Broderick; Brown (Jarvis); Duenwald; Duniphan; Garnos; Glenski; Heineman; Hennies (Thomas); Jaspers; Klaudt; Koistinen; Lange; Lintz; McCaulley; McCoy; Monroe; Napoli; Peterson (Bill); Rhoden; Smidt; Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Bradford; Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers; Frost; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Kloucek; Konold; Kooistra; Madsen; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Valandra

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

     HB 1285:   FOR AN ACT ENTITLED, An Act to   transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1285 be deferred to Thursday, February 15th, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.


     HB 1014:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a tennis complex at the University of South Dakota.

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 0, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; 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; 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

     Absent:
Abdallah

     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 1016:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to purchase the Dakota Prairie Playhouse, in Madison, South Dakota, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1016 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; 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; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Davis; Michels; Richter

     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 1139:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1139 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; 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

     Excused:
Davis

     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 168:   FOR AN ACT ENTITLED, An Act to   revise the provisions for issuing on-sale liquor licenses to resort facilities.

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

     SB 175:   FOR AN ACT ENTITLED, An Act to   exempt from sales tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity and certain employee services provided by an agricultural cooperative.

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

     SB 202:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding visitation rights for grandparents.

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

     SB 204:   FOR AN ACT ENTITLED, An Act to   permit tribal identification cards in lieu of other identification when applying for a driver's license.

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

     SB 210:   FOR AN ACT ENTITLED, An Act to   establish a refundable checkoff program for swine.

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

     SB 214:   FOR AN ACT ENTITLED, An Act to   establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 188, 250, and 94 be deferred to Thursday, February 15th, the 27th legislative day.

     Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Whiting, de Hueck, and Moore 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 1075.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Bogue, de Hueck, and Koetzle 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 1079.

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 1002, 1025, 1060, 1077, 1085, 1091, 1109, 1122, and 1124 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1002: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the waiver of a patient's privilege on communications with a physician or psychotherapist.

     HB 1005: FOR AN ACT ENTITLED, An Act to  prohibit the discharge of a firearm within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or certain livestock while on certain public waters, and to provide a penalty.

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

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

     HB 1062: FOR AN ACT ENTITLED, An Act to  revise the requirement that holders of a license issued by the Department of Game, Fish and Parks exhibit the license or authorization on request and to require that certain persons also exhibit certain forms of identification to law enforcement officers.

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

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

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

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

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

     HB 1122: FOR AN ACT ENTITLED, An Act to  modify the time required for a temporary custody hearing to be held in certain juvenile legal proceedings.

     HB 1124: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to township financial reports.

     HB 1170: FOR AN ACT ENTITLED, An Act to  prohibit the tampering with anhydrous ammonia and to provide a penalty for a violation thereof.

     SB 29: FOR AN ACT ENTITLED, An Act to  provide that certain offenses are violent offenses for purposes of parole eligibility.

     SB 80: FOR AN ACT ENTITLED, An Act to  clarify the definition of the term, member, with regard to certain definition of corporation provisions.

     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.


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

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk