JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 28, 2003

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by House pages Desi Foster and Heather Haley.

     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 ninth 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Rep. Rhoden introduced Linda McKay of Belle Fourche, South Dakota's 2003 Teacher of the Year.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Bill Van Gerpen, Vice Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1071 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Hal Wick, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill be amended as follows:

1047ja
     On page 7, line 17 of the printed bill, remove the overstrikes from " , or adjudication for " .

     On page 7 , line 18, remove the overstrikes from " payment " .

     On page 10 , line 6, after "." insert " In the event that a period of time is extended as permitted by this Act, due to a claimant's failure to submit information necessary to decide a prospective, retrospective, or disability claim, the period for making the benefit determination

shall be tolled from the date on which the notification of the extension is sent to the claimant until the date on which the claimant responds to the request for additional information. ".


     On page 21 , line 16, after " . " insert "The provisions of sections 17 to 21, inclusive, of this Act apply to concurrent review urgent care requests.".

     And that as so amended said bill 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 1062 and 1074 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

1068ja
     On page 2, line 9 of the printed bill, after " Association. " insert " However, any accredited school student who leaves an accredited program for any reason and enters an alternative education program is ineligible for participation in interscholastic activities for one year beginning on the date in which the student enters the alternative program. ".

     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Casey Murschel, Vice Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 2, 3, 15, 16, 21, 39, 40, 49, and 56 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1002   Introduced by:  Representatives Van Gerpen, Begalka, Buckingham, Burg, Christensen, Cradduck, Cutler, Davis, Deadrick (Thomas), Dykstra, Elliott, Frost, Fryslie, Garnos, Gillespie, Hackl, Hanson, Hargens, Haverly, Heineman, Hennies, Hunhoff, Juhnke, Klaudt, Konold, Kraus, LaRue, Lintz, Madsen, McCaulley, McCoy, Michels, Murschel, Nesselhuf, Novstrup, O'Brien, Olson (Mel), Olson (Ryan), Peterson (Bill), Peterson (Jim), Putnam, Rave, Rhoden, Rounds, Schafer, Sebert, Smidt, Solum, Teupel, Weems, Wick, and Williamson and Senators Moore, de Hueck, Kloucek, Nachtigal, and Reedy

         A CONCURRENT RESOLUTION,  Urging the United States Congress to appropriate funds to conduct a demonstration project to address sedimentation problems in Lewis and Clark Lake.

     WHEREAS,  Lewis and Clark Lake is a vital resource for the drinking water, recreation, and economic development for the region; and

     WHEREAS,  sediment inflows to Lewis and Clark Lake are averaging more than four million tons per year from deposits made by the Niobrara River and Ponca Creek at the headwaters of the Lewis and Clark Lake; and

     WHEREAS,  sediment deposition between 1955 and 1995 was approximately one hundred five thousand acre feet which is about 18.3 percent of the original volume of the lake; and

     WHEREAS,  sediment deposition in the vicinity of the Missouri River and Niobrara River confluence has resulted in a rising groundwater table and subsequent relocation of the city of Niobrara and the Niobrara State Park; and

     WHEREAS,  the city of Springfield has encountered problems due to deposition of sediments and shifting channels, including sediment at their old water intakes, inadequate depths in the boat basin, and difficulty in getting to the main body of Lewis and Clark Lake; and

     WHEREAS,  sedimentation problems has impacted the recreational areas and makes it nearly impossible to predict the channel migration in the delta area which could lead to the channel

migration to the Nebraska side of the river, possibly leaving Springfield with even less access to the lake; and

     WHEREAS,  problems due to sedimentation in the lake will continue and left unchecked will fill Lewis and Clark Lake. This could reduce the recreation benefits at Lewis and Clark Lake and damage property outside the government boundary due to high groundwater or more frequent flooding:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- eighth Legislature of the State of South Dakota, the Senate concurring therein, that the United States Congress be urged to appropriate funds for a demonstration project that moves the sediment to an area in the river thereby creating an island. This would permit the evaluation of one possible solution for managing the sedimentation in Lewis and Clark Lake.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on HB 1028 as found on page 162 of the House Journal ; also

     Appropriations on HB 1029 as found on page 163 of the House Journal ; also

     Appropriations on HB 1030 as found on page 163 of the House Journal ; also

     Transportation on HB 1072 as found on pages 164 and 165 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1107   Introduced by:  Representatives Juhnke, Garnos, Olson (Mel), and Sebert and Senators Koskan and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   prohibit railcars from being parked on the state- owned rail system for extended periods of time.

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

     HB 1108   Introduced by:  Representatives Fryslie, Elliott, and Rhoden and Senator Greenfield



       FOR AN ACT ENTITLED, An Act to   authorize landowners and operators to hunt big game from certain public highways.

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

     HB 1109   Introduced by:  Representatives Elliott, Bradford, Frost, Fryslie, Hargens, Hennies, Lintz, McCoy, Novstrup, Rhoden, and Van Gerpen and Senators Sutton (Duane), Abdallah, Albers, Dennert, Duniphan, Kelly, Kooistra, Nachtigal, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   require photographs on concealed pistol permits and to increase certain related fees.

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

     HB 1110   Introduced by:  Representatives McCaulley, Cradduck, Cutler, Hennies, Murschel, O'Brien, Peterson (Bill), Rounds, and Thompson and Senators Knudson, Albers, de Hueck, Dempster, Kelly, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the expenditure of proceeds from the county wheel tax.

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

     HB 1111   Introduced by:  Representatives Michels, Cradduck, Gillespie, Glenski, Konold, McCoy, Peterson (Bill), Sebert, Smidt, Thompson, Van Gerpen, and Wick and Senators Diedrich (Larry), Ham, Jaspers, Kleven, McCracken, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize construction management services to be employed on public improvement projects.

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

     HB 1112   Introduced by:  Representative Williamson and Senators Greenfield and Earley

       FOR AN ACT ENTITLED, An Act to   establish the South Dakota Small Business and Privatization Council.

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

     HB 1113   Introduced by:  Representatives Hennies and McCoy and Senators Albers, Abdallah, Duniphan, Kleven, Kooistra, and Vitter


       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to third offense assault.

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

     HB 1114   Introduced by:  Representatives Juhnke and Garnos and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the residency requirements for state's attorneys in certain small counties.

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

     HB 1115   Introduced by:  Representative Lange and Senator Dennert

       FOR AN ACT ENTITLED, An Act to   allow primary election voters to vote for candidates of another party.

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

     HB 1116   Introduced by:  Representatives Lange, Engels, Glenski, Kroger, Nesselhuf, Olson (Mel), and Sigdestad and Senator Dennert

       FOR AN ACT ENTITLED, An Act to   regulate certain forms of political activity related to state employees.

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

     HB 1117   Introduced by:  Representatives Michels, Adelstein, Cradduck, Cutler, Gillespie, Hunhoff, Kraus, LaRue, Madsen, Murschel, O'Brien, Olson (Mel), and Schafer and Senators Schoenbeck, Albers, de Hueck, Knudson, McCracken, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for the enforcement of foreign domestic violence protection orders.

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

     HB 1118   Introduced by:  Representatives Michels, Cradduck, Gillespie, Glenski, Konold, McCoy, Peterson (Bill), Sebert, Smidt, Thompson, Van Gerpen, and Wick and Senators Diedrich (Larry), Ham, Jaspers, Kleven, McCracken, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain design-build provisions.

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



     HB 1119   Introduced by:  Representatives Cutler, Adelstein, Cradduck, Gillespie, Hunhoff, Kraus, LaRue, Murschel, O'Brien, and Schafer and Senators Albers, Abdallah, de Hueck, Dempster, Jaspers, Knudson, McCracken, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the arrest of a spouse for abuse.

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

     HB 1120   Introduced by:  Representatives Van Etten, Adelstein, Buckingham, Christensen, Cradduck, Cutler, Glenski, Haverly, Hennies, Kraus, McCaulley, McCoy, McLaughlin, Murschel, Rave, Thompson, Wick, and Williamson and Senators Vitter, Abdallah, Duniphan, Ham, and McCracken

       FOR AN ACT ENTITLED, An Act to   require that counties be reimbursed for housing persons sent to county jail in lieu of the penitentiary.

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

     HB 1121   Introduced by:  Representatives Olson (Mel), Cutler, Gillespie, Hennies, Hunhoff, Madsen, McCoy, Peterson (Bill), Schafer, and Sebert and Senators Olson (Ed), Diedrich (Larry), Duniphan, Moore, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   clarify certain restrictions concerning sex discrimination in certain employment matters.

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

     HB 1122   Introduced by:  Representatives Konold and Sebert and Senator McCracken

       FOR AN ACT ENTITLED, An Act to   provide for the issuance of certain hunting licenses to persons on active duty in the armed forces.

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

     HB 1123   Introduced by:  Representatives Sebert and Olson (Mel) and Senators McCracken, Albers, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   clarify certain circumstances relating to the termination or discontinuance of certain dealership contracts.

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



     HB 1124   Introduced by:  Representatives Pederson (Gordon) and Lintz and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   increase certain sales and use taxes and allocate revenue for education and property tax reduction.

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

     HB 1125   Introduced by:  Representatives Peterson (Bill) and Olson (Mel) and Senators Olson (Ed), Knudson, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education.

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

     HB 1126   Introduced by:  Representatives Hennies, Adelstein, Burg, Elliott, Engels, Fryslie, Glenski, Haverly, Koistinen, Lange, Lintz, McLaughlin, O'Brien, Rhoden, and Sebert and Senators Ham, Abdallah, Dennert, and Duxbury

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

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

     HB 1127   Introduced by:  Representatives Buckingham, Haverly, LaRue, McCoy, and Schafer and Senator Ham

       FOR AN ACT ENTITLED, An Act to   require collection of transportation data.

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

     HJR 1002   Introduced by:  Representatives Lange, Bradford, Burg, Gassman, Glenski, Hargens, Miles, Sigdestad, and Valandra and Senators Kooistra, Dennert, and Kloucek

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

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

     HJR 1003   Introduced by:  Representatives Michels, Cradduck, Cutler, Engels, Frost, Garnos, Gillespie, Hanson, Hargens, Hennies, Hunhoff, Juhnke, Kroger, Lange, LaRue, Madsen, McCaulley, McCoy, Murschel, Nesselhuf, O'Brien, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Rhoden, Rounds, Sebert, Solum, Teupel, Van Norman, and

Wick and Senators Bogue, Abdallah, Albers, Brown, de Hueck, Dempster, Diedrich (Larry), Duniphan, Duxbury, Earley, Jaspers, Knudson, Koetzle, Kooistra, McCracken, Moore, Olson (Ed), Reedy, Sutton (Dan), Symens, and Vitter

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article V, section 7 of the Constitution of the State of South Dakota, providing for the merit selection of circuit court judges.

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

     There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 2:   FOR AN ACT ENTITLED, An Act to   revise the audit requirements for state agencies and to clarify the frequency and scope of certain audits performed by the Department of Legislative Audit.

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

     SB 3:   FOR AN ACT ENTITLED, An Act to   revise the convention facility on-sale alcoholic beverage license requirements.

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

     SB 15:   FOR AN ACT ENTITLED, An Act to   revise the filing deadline for benefits under the South Dakota Retirement System, to revise the commencement date in certain situations, and to provide a delayed effective date.

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

     SB 16:   FOR AN ACT ENTITLED, An Act to   revise the retirement provisions for certain members of the South Dakota Retirement System and to declare an emergency.

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

     SB 21:   FOR AN ACT ENTITLED, An Act to   revise the requirements for service of a notice of entry in an action involving abuse or neglect.

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



     SB 39:   FOR AN ACT ENTITLED, An Act to   revise the assessments required in certain schools, the grades to be assessed, and to declare an emergency.

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

     SB 40:   FOR AN ACT ENTITLED, An Act to   establish a statewide accountability system for public schools.

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

     SB 49:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Pharmacy to promulgate rules regarding the reference publications required for each licensed pharmacy.

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

     SB 56:   FOR AN ACT ENTITLED, An Act to   revise and update certain provisions related to the South Dakota Life and Health Insurance Guaranty Association.

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

     There being no objection, the House reverted to Order of Business No. 11.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1006:   FOR AN ACT ENTITLED, An Act to   permit the Department of Social Services to publish certain fee schedules used in certain medical assistance programs.

     Was read the second time.

     The question being "Shall HB 1006 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0


     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Teupel

     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 42:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall SB 42 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Teupel

     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


     Rep. Bill Peterson moved that HB 1061 be placed to follow HB 1075 on today's calendar.

     Which motion prevailed and the bill was so placed.

    Speaker Pro tempore Madsen now presiding.

     HB 1019:   FOR AN ACT ENTITLED, An Act to   permit disclosure of certain information related to intentional exposure to human immunodeficiency virus.

     Was read the second time.

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

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Schafer; Teupel

     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 1055:   FOR AN ACT ENTITLED, An Act to   revise the authority of magistrate courts and to revise certain provisions pertaining thereto.

     Was read the second time.

     The question being "Shall HB 1055 pass as amended?"

     And the roll being called:


     Yeas 67, Nays 1, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford

     Excused:
Adelstein; Teupel

     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 1026:   FOR AN ACT ENTITLED, An Act to   establish the regents scholarship program and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1026 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.


     The question being on the title.

1026ota
     Rep. Bill Peterson moved that the title to HB 1026 be amended as follows:

     On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " program " and insert ".".

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     HB 1064:   FOR AN ACT ENTITLED, An Act to   revise the property taxes of the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Fryslie; 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.

     HB 1069:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the petroleum release compensation fund and the state highway fund and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1069 pass?"



     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Fryslie; 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.

     HB 1075:   FOR AN ACT ENTITLED, An Act to   designate rodeo as the official sport of South Dakota.

     Was read the second time.

     The question being "Shall HB 1075 pass?"

     And the roll being called:

     Yeas 66, Nays 4, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Nesselhuf; Novstrup; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Gassman; Heineman; Murschel; O'Brien

     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 1061:   FOR AN ACT ENTITLED, An Act to   provide for the crime of bestiality and to prescribe certain penalties therefor.

     Was read the second time.

     The question being "Shall HB 1061 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 6, Excused 0, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Burg; Murschel; Olson (Mel); Teupel; Van Norman

     Absent:
Hanson

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

     Rep. Rounds moved that the House do now adjourn, which motion prevailed and at 3:31 p.m. the House adjourned.

Karen Gerdes, Chief Clerk