JOURNAL OF THE HOUSE
SIXTEENTH DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 4, 1997
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House page Jenny Hartung.
Roll Call: All members present except Reps. Hassard and Lee who were excused.
APPROVAL OF THE JOURNAL
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the fifteenth day and finds the
following corrections should be made:
On page 269 of the House Journal, after line 11 insert:
"HJR 1008
Representatives Wick, Apa, Broderick, Cerny, Chicoine, Diedrich, Duenwald,
Hunt, Jaspers, Kooistra, Madden, Matthews, Monroe, Moore, Pederson (Gordon), Pummel, Van
Gerpen, and Windhorst and Senators Aker, Benson, Drake, Shoener, and Staggers
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election an amendment to Article XI of the Constitution of the State of South Dakota, relating
to revenue and expenditure limits of certain units of government in South Dakota.
Was read the first time and referred to the Committee on State Affairs."
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,
REX HAGG, Chair
Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1169 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
1114 and returns the same with the recommendation that said bill be amended as follows:
f-1114
On page
1
,
line
6 of the printed bill
,
delete "
§
32-3-1(6)
"
and insert "
subdivision 32-3-
1(6)
"
.
On page
1
,
line
6
,
after "
.
"
insert "
This section does not apply to any manufactured home
in the inventory of any dealer as defined in subdivision 32-7A-1(1)
"
.
On page
1
,
after line
12
,
insert:
"Section 3. That chapter 10-4 be amended by adding thereto a NEW SECTION to read as
follows:
If a manufactured home with a manufactured statement of origin dated after October 31,
1997, is sold by a licensed manufactured home dealer, the dealer shall complete the
manufactured home listing form, as prescribed by the secretary of revenue, and send the
completed form to the director of equalization of the county in which the manufactured home
was delivered. The form shall be sent within thirty days after the delivery of the manufactured
home.
Section 4. That
§
32-7A-17
be amended to read as follows:
32-7A-17.
Any transfer or reassignment of a mobile home or manufactured home title shall
be accompanied by an affidavit issued by the county treasurer of the county in which the mobile
home or manufactured home is registered, stating that the current year's taxes are paid. No title
may be transferred until the taxes under
§
10-9-3
or
§
10-21-4
are paid. No transfer of title may
be completed unless the mobile home or manufactured home is registered as provided in
§
10-9-3
or section 3 of this Act
. In any event the title or manufacturer's statement of origin shall
be transferred within thirty days of delivery of the manufactured home or mobile home. A
violation of this section is a Class 2 misdemeanor."
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1135 and returns the same with the recommendation that said bill be amended as follows:
f-1135e
On page
1
,
line
15 of the printed bill
,
after "
occupies
"
insert "
a duplex, triplex, or fourplex,
or
"
.
On page
2
,
line
7
,
before the period
insert "
or if the dwelling is a duplex, triplex, or
fourplex
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1163 and returns the same with the recommendation that said bill be amended as follows:
f-1163
On page
1
,
line
9 of the printed bill
,
after "
and
"
insert "
the
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1180 and returns the same with the recommendation that said bill be referred to the House State
Affairs Committee.
Respectfully submitted,
Steve Cutler, Chair
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1122 and returns the same with the recommendation that said bill do
pass.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1109 and returns the same with the recommendation that said bill do
pass and be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1002 and returns the same with the recommendation that said bill be
amended as follows:
r-1002c
On page
2
,
line
6 of the printed bill
,
after "
fee.
"
insert "
Moreover, during the two years
following the current ownership period, it is not a violation of
§
40-19-21;
(1) If the previous owner sells livestock bearing the canceled brand; or
(2) If the previous owner brands livestock with the canceled brand prior to becoming
aware of the cancellation;
and, if the previous owner sells livestock under such conditions, neither the brand board nor any
of its agents may withhold the proceeds of the sale from the previous owner.
"
.
And that as so amended said bill do pass.
Respectfully submitted,
Roger Brooks, Chair
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1155 and returns the same with the recommendation that said bill do pass with a title
amendment.
j-1155t
On page
1
,
line
1 of the printed bill
,
delete "
repeal
"
and insert "
revise
"
.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration SB
18 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1165 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1070 and returns the same with the recommendation that said bill be amended as follows:
j-1070
On page
1
,
line
9 of the printed bill
,
after "
order.
"
insert "
The provisions of this section
do not apply to insurance commission arrangements pursuant to Title 58.
"
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1101 and returns the same with the recommendation that said bill be amended as follows:
j-1101
On page
1
,
line
6 of the printed bill
,
delete "
may
"
and insert "
shall
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1148 and returns the same with the recommendation that said bill be amended as follows:
j-1148
On page
1
,
line
14 of the printed bill
,
delete "
§
51A-4-26
"
and insert "
§
§
51A-4-25 and
51A-4-26
"
.
On page
2
,
line
20
,
delete "
§
51A-4-26
"
and insert "
§
§
51A-4-25 and 51A-4-26
"
.
On page
2
,
line
23
,
overstrike "
savings and loan
"
and insert "
deposit
"
.
On page
3
,
line
17
,
after "
52-5-20
"
insert "
, 51A-4-25
"
.
And that as so amended said bill do pass and be placed on Consent Calendar.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1185 and returns the same with the recommendation that said bill be amended as follows:
j-1185
On page
1
,
line
11 of the printed bill
,
delete "
to
"
and insert "
from
"
.
And that as so amended said bill do pass and be placed on Consent Calendar.
Respectfully submitted,
Robert Roe, Chair
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1113 and 1117 and SB 26 and returns the same with the recommendation that
said bills do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1118 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
Respectfully submitted,
Kay Jorgensen, Chair
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration HB
1075 and returns the same with the recommendation that said bill be amended as follows:
t-1075a
On the printed bill, delete everything after the enacting clause and insert:
"
Section
1.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read
as follows:
An enrollment options program is established to enable any student to attend a public school
in a district in which the student does not reside, subject to the provisions in this Act. Any
student who is enrolled, pursuant to this Act, in a district in which the student does not reside
is not subject to the tuition requirements of
§
13-28-22. For purposes of determining state aid
to education as it relates to the provisions of this Act, general enrollment average daily
membership as defined in section 10 of this Act is used to determine funding for resident and
nonresident students not enrolled in a special education program defined in
§
§
13-37-35 to 13-
37-48, inclusive; and resident average daily membership as defined in section 12 of this Act is
used to determine funding for special education.
Section
2.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
A school district is not required to grant a request for a transfer into the district if the transfer
would result in an inability to provide a quality educational program based on criteria
established by the district pursuant to section 5 of this Act. In determining whether to accept or
reject a request for a transfer out of the district that exceeds a two-percent reduction in total
enrollment, the district shall rely on criteria established by the district pursuant to section 5 of
this Act. However, any such resident district at its discretion may elect to exceed the two percent
limit.
Section
3.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
The resident district is responsible for the provision of free appropriate public education for
a special education student who wishes to transfer to a nonresident district if the nonresident
district can provide the necessary facilities and programs for the student. The resident district
may contract with the nonresident district for these services.
Section
4.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
In order that a student may attend a school or program in a nonresident district pursuant to
section 1 of this Act, the student's parent or guardian shall submit an application to the resident
and nonresident districts on a form provided by the Department of Education and Cultural
Affairs. The application shall include a written statement of the reason for the requested transfer.
The application shall be submitted by January fifteenth for initial enrollment beginning the
following school year. The resident and nonresident districts shall each notify the parent or
guardian in writing by April first of the districts' approval or rejection of the application for
transfer and the reasons for any rejection. The same procedures apply to any student who
subsequently applies to transfer from one nonresident district to a different nonresident district
or to return to the resident district. The parent or guardian of any student who becomes a new
resident of a school district after January fifteenth of any school year may submit an application
for transfer to a nonresident district within forty-five days after establishing residency, and the
districts shall notify the parent or guardian of their decision within fifteen days after receipt of
the application. If accepted, an application to enroll in the nonresident district obligates the
student to attend the nonresident district, unless the school boards of the resident and the
nonresident districts agree in writing to allow the student to transfer back to the resident district,
or the student's parent or guardian changes residence to another district. Once enrolled in a
nonresident district, the student may remain enrolled and is not required to resubmit annual
applications.
Section
5.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
Each school district shall adopt, by resolution, relevant standards for acceptance and
rejection of applications for transfer pursuant to this Act. Standards may include the capacity
of a program, class size, pupil/teacher ratio, impact on facilities, or other related relevant factors.
Discrimination based on race, gender, religious affiliation, or disability is prohibited. The
standards shall include an appeal process subject to chapter 1-26.
Section
6.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
The parent or guardian of a student who has been accepted for transfer is responsible for
transporting the student to school in the receiving district without reimbursement. Either the
district of residence or the receiving district may provide transportation to students approved
for transfer.
Section
7.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
A school district shall accept credits for any course completed in any other accredited school
district as the result of a transfer under this Act. The nonresident district shall award a diploma
to a nonresident student only if the student satisfactorily meets its graduation requirements.
Section
8.
That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
Each school district shall make relevant information about the district, schools, programs,
policies, and procedures available to all interested people.
Section
9.
That
§
13-13-1.4
be amended to read as follows:
13-13-1.4.
If two or more school districts consolidate, for a period of two years after
consolidation, the adjusted average daily membership for the newly formed district shall be
based upon the
general enrollment
average daily membership as defined in § 13-13-10.1 of the
school districts as they existed prior to consolidation.
Section
10.
That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"
Average
General enrollment average
daily membership," the average number of
resident and nonresident
kindergarten through twelfth grade pupils enrolled in the
school district during the previous regular school year, minus average number of
pupils for whom the district receives tuition, except pupils described in subdivision
(1A) and plus the average number of pupils for whom the district pays tuition;
(1A) Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, or other state agencies and are attending a
public school may be included in the average daily membership of the receiving
district when enrolled in the receiving district for more than thirty school days. When
counting a student who meets these criteria in its
general enrollment
average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its
general enrollment
average daily membership
after the student ceases to attend school in the resident district for more than thirty
school days;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with
an
a general enrollment
average daily membership of two
hundred or less, multiply 1.2 times the
general enrollment
average daily
membership;
(b)
For districts with
an
a general enrollment
average daily membership of less
than six hundred, but greater than two hundred, raise the
general enrollment
average daily membership to the 0.8293 power and multiply the result times
2.98;
(c)
For districts with
an
a general enrollment
average daily membership of six
hundred or more, multiply 1.0 times their
general enrollment
average daily
membership;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of
the United States Department of Labor for the year before the year immediately
preceding the year of adjustment or three percent, whichever is less;
(4)
"Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive,
is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student
allocation shall be $3,350 increased by the index factor. Each school fiscal year
thereafter, the per student allocation shall be the previous fiscal year's per student
allocation increased by the index factor;
(5)
"Local need," the per student allocation multiplied by the adjusted average daily
membership;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the following levies:
(a)
The levy for school district purposes is sixteen dollars and seventy-five cents
per thousand dollars of taxable valuation subject to the limitations on
agricultural property as provided in subsection (b) and owner-occupied
property as provided in subsection (c);
(b)
The tax levy on agricultural property for the school district is five dollars and
seventy-five cents per thousand dollars of taxable valuation;
(c)
The tax levy for owner-occupied single-family dwelling for the school district
is nine dollars and twenty cents per thousand dollars of taxable valuation.
For the period January 1, 1997, to June 30, 1997, inclusive, local effort shall be
one-half of the amount of ad valorem taxes generated in calendar year 1997 by
applying the following levies:
(a)
The levy for school district purposes is sixteen dollars and seventy-five cents
per thousand dollars of taxable valuation subject to the limitations on
agricultural property as provided in subsection (b) and owner-occupied
property as provided in subsection (c);
(b)
The tax levy on agricultural property for the school district is five dollars and
seventy-five cents per thousand dollars of taxable valuation;
(c)
The tax levy for owner-occupied single-family dwelling for the school district
is nine dollars and twenty cents per thousand dollars of taxable valuation.
All levies shall be based on valuations including valuations pursuant to
§
§
13-13-10.2 and
13-13-20.4 such that the median level of assessment represents eighty-five percent of market
value as determined by the Department of Revenue. The total amount of taxes that would be
generated at the levies pursuant to this section shall be considered local effort.
Section
11.
That
§
13-13-73
be amended to read as follows:
13-13-73.
The secretary of the Department of Education and Cultural Affairs shall compute
state aid to education for each school district under the foundation program according to the
following calculations:
(1)
Determine each school district's
general enrollment
average daily membership;
(2)
Multiply the per student allocation by the adjusted average daily membership to
arrive at the local need per district;
(3)
State aid is (a) local need minus local effort, or (b) zero if the calculation in (a) is a
negative number;
(4)
If the state aid appropriation for the general support of education is in excess of the
entitlement provided for in this section, each eligible district shall receive a pro rata
share of such excess based on its adjusted average daily membership.
Section
12.
That
§
13-37-35
be amended to read as follows:
13-37-35.
Terms used in
§
§
13-37-35 to 13-37-48, inclusive, mean:
(1)
"
Average
Resident average
daily membership," the average number of
resident
kindergarten through twelfth grade pupils enrolled in the school district during the
previous regular school year
minus
plus
the average number of pupils for whom the
district
receives
pays
tuition and plus the average number of
pupils for whom the
district pays tuition
resident pupils enrolled in another school district under the
provisions of section 1 of this Act
;
(2)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of
the United States Department of Labor for the year before the year immediately
preceding the year of adjustment or three percent, whichever is less;
(3)
"Local effort," is the amount of taxes payable each year, using the maximum levy for
the special education fund of a school district of one dollar and forty cents per
thousand dollars of taxable valuation. The levy shall be based on valuations such that
the median level of assessment represents 85% of market value as determined by the
Department of Revenue. For the period January 1, 1997, through June 30, 1997, local
effort shall be one-half of the amount of taxes payable in calendar year 1997, using
the maximum levy for the special education fund of a school district of one dollar
and forty cents per thousand dollars of taxable valuation. The levy shall be based on
valuations such that the median level of assessment represents 85% of market value
as determined by the Department of Revenue;
(4)
"Allocation for a student with a mild disability," for the period January 1, 1997,
through June 30, 1997, is $892. For school fiscal year beginning July 1, 1997, the
allocation for a student with a mild disability shall be $1,785 increased by the lesser
of the index factor or three percent. For each school year thereafter, the allocation for
a student with a mild disability shall be the previous fiscal year's allocation for such
child increased by the lesser of the index factor or three percent;
(5)
"Allocation for a student with a severe disability," for the period January 1, 1997,
through June 30, 1997, is $10,707. For school fiscal year beginning July 1, 1997, the
allocation for a child with a severe disability shall be $21,415 increased by the lesser
of the index factor or three percent. For each school year thereafter, the allocation for
a child with a severe disability shall be the previous fiscal year's allocation for such
child increased by the lesser of the index factor or three percent;
(6)
"Local need," an amount to be determined as follows:
(i)
Multiply the
resident
average daily membership times 0.1025;
(ii)
Multiply the result of (i) times the allocation for a student with a mild
disability;
(iii) Multiply the
resident
average daily membership times 0.015;
(iv)
Multiply the result of (iii) times the allocation for a student with a severe
disability;
(v)
Add together the result of (ii) and the result of (iv);
(7)
"Student with mild disability," is a student whose performance level is not sufficient
to demonstrate success in the regular education environment without the provision
of special education, and who meets eligibility criteria under Part B, IDEA, or both;
(8)
"Student with severe disability," is a student with a low-incidence disability who:
(a)
Meets eligibility criteria under Part B, IDEA; and
(b)
Presents needs which require intervention skills which are substantially
different from those provided to nondisabled students, in that the skills are
disability-specific and require special training, equipment, and facilities to
perform;
(9)
"Effort factor," 1.0 if the school district's special education tax levy in dollars per
thousand is $1.40, 0.0 if the school district's special education tax levy in dollars per
thousand is less than $1.30.
Section
13.
That
§
13-37-36
be amended to read as follows:
13-37-36.
The secretary of the department of education and cultural affairs shall compute
state aid for special education for each school district according to the following calculations:
(1)
Determine each school district's
resident
average daily membership;
(2)
Calculate the local need of a school district;
(3)
State aid for special education is:
(a)
Local need minus local effort, the difference multiplied times the effort factor;
or
(b)
Zero if the calculation in (a) is a negative number.
Section
14.
The effective date of sections 9 to 13, inclusive, of this Act is July 1, 1999.
t-1075c
Delete section 1 of the previously adopted amendment and insert:
"Section 1. That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
An enrollment options program is established to enable any South Dakota kindergarten
through twelfth grade student to attend a public school in a South Dakota school district in
which the student does not reside, subject to the provisions in this Act. Any student who is
enrolled, pursuant to this Act, in a district in which the student does not reside is not subject to
the tuition requirements of
§
13-28-22. For purposes of determining state aid to education as it
relates to the provisions of this Act, general enrollment average daily membership as defined
in section 10 of this Act is used to determine funding for resident and nonresident students not
enrolled in a special education program defined in
§
§
13-37-35 to 13-37-48, inclusive; and
resident average daily membership as defined in section 12 of this Act is used to determine
funding for special education."
Delete section 4 of the previously adopted amendment and insert:
"Section 4. That chapter 13-28 be amended by adding thereto a NEW SECTION to read as
follows:
In order that a student may attend a school or program in a nonresident district pursuant to
section 1 of this Act, the student's parent or guardian shall submit an application to the resident
and nonresident districts on a form provided by the Department of Education and Cultural
Affairs. The application shall include a written statement of the reason for the requested transfer.
The application shall be submitted by January fifteenth for initial enrollment beginning the
following school year. The resident and nonresident districts shall each notify the parent or
guardian in writing by April first of the districts' approval or rejection of the application for
transfer and the reasons for any rejection. The same procedures apply to any student who
subsequently applies to transfer from one nonresident district to a different nonresident district
or to return to the resident district. The parent or guardian of any student who becomes a new
resident of a school district after January fifteenth of any school year may submit an application
for transfer to a nonresident district within forty-five days after establishing residency, and the
districts shall notify the parent or guardian of their decision no sooner than April first after
receipt of the application. If accepted, an application to enroll in the nonresident district
obligates the student to attend the nonresident district, unless the school boards of the resident
and the nonresident districts agree in writing to allow the student to transfer back to the resident
district, or the student's parent or guardian changes residence to another district. Once enrolled
in a nonresident district, the student may remain enrolled and is not required to resubmit annual
applications."
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
1085 and returns the same with the recommendation that said bill be amended as follows:
c-1085
On page
1 of the printed bill
,
delete lines
15
and
16
,
and insert "
closing because of weather,
disease or emergency need not exceed ten days.
Graduating high school seniors are not required
to make up days missed because of weather, disease or emergency.
Graduating seniors are
excused from make up days if the
"
.
On page
2
,
delete line
1
.
And that as so amended said bill do pass.
Respectfully submitted,
Richard “Dick” Brown, Chair
MR. SPEAKER:
I have the honor to return herewith HB 1006 and 1007 which have passed the Senate
without change.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 43, 63, 87, 106, 117, 142, 146, and 147 which
have passed the Senate and your favorable consideration is respectfully requested.
Respectfully,
PATRICIA ADAM, Secretary
Rep. Cutler moved that HB 1180 be referred from the Committee on Taxation to the
Committee on State Affairs.
Which motion prevailed and the bill was so referred.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Gabriel moved that the reports of the Standing Committees on
Judiciary on HB 1112 as found on page 254 of the House Journal; also
State Affairs on HB 1167 as found on page 255 of the House Journal; also
Transportation on HB 1107 as found on page 255 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1272
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to provide a civil cause of action for barratry and to
institute a procedure for the assertion of a claim of barratry.
Was read the first time and referred to the Committee on State Affairs.
HB 1273
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to increase the penalty for speeding in a highway
construction work zone and to authorize agents or employees of the Department of
Transportation to issue citations for certain motor vehicle violations.
Was read the first time and referred to the Committee on Transportation.
HB 1274
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to assess the costs of rescue against vehicle operators
who fail to heed a notice of the temporary restriction or closing of a state trunk highway.
Was read the first time and referred to the Committee on State Affairs.
HB 1275
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to provide for certain provisions relating to the sale
of state-owned land.
Was read the first time and referred to the Committee on State Affairs.
HB 1276
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to restrict persons who have possessed, used, or
distributed controlled substances or marijuana from participation in certain extracurricular
activities or financial aid assistance.
Was read the first time and referred to the Committee on State Affairs.
HB 1277
Introduced by:
The Committee on State Affairs at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise the requirements for registered engineers,
architects, and land surveyors approving certain building projects.
Was read the first time and referred to the Committee on State Affairs.
HB 1278
Introduced by:
The Committee on Commerce at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to the crime
victims' compensation program.
Was read the first time and referred to the Committee on Judiciary.
HB 1279
Introduced by:
The Committee on Taxation at the request of the Governor
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the regulation
and the taxation of trust companies.
Was read the first time and referred to the Committee on Taxation.
HB 1280
Introduced by:
The Committee on Agriculture & Natural Resources
FOR AN ACT ENTITLED, An Act
to amend House Bill 1043 as previously enacted by
adding an emergency clause and to declare an emergency.
Was read the first time and referred to the Committee on Agriculture & Natural Resources.
HJR 1009
Introduced by:
The Committee on State Affairs at the request of the Governor
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election amendments to Article IX of the Constitution of the State of South Dakota, relating to
the organization of local government.
Was read the first time and referred to the Committee on State Affairs.
Speaker Pro tempore Hunt now presiding.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1057
:
FOR AN ACT ENTITLED, An Act
to allow certain party hunting practices in
the hunting of big game.
Was read the second time.
The question being "Shall HB 1057 pass as amended?"
And the roll being called:
Yeas 47, Nays 21, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Cerny; Chicoine; Crisp; Davis; DeMersseman; Derby;
Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fitzgerald; Gabriel; Gleason; Hunt;
Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lockner;
Madden; Matthews; McNenny; Napoli; Peterson (Bill); Pummel; Putnam; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst;
Speaker Hagg
Nays were:
Brooks; Brosz; Brown (Jarvis); Brown (Richard); Collier; Cutler; de Hueck; Fiegen; Fischer-
Clemens; Hagen; Haley; Koetzle; Lucas; Monroe; Moore; Munson (Donald); Pederson
(Gordon); Richter; Roe; Rost; Volesky
Excused were:
Hassard; Lee
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 1090
:
FOR AN ACT ENTITLED, An Act
to exclude uninsured and underinsured
motorist coverage from excess or umbrella insurance policies.
Was read the second time.
Rep. Jorgensen moved that HB 1090 be deferred until Wednesday, February 5th, the 17th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1096
:
FOR AN ACT ENTITLED, An Act
to reduce the term of office and revise the
qualifications of notaries public.
Was read the second time.
Rep. DeMersseman moved that HB 1096 be deferred until Wednesday, February 5th, the
17th legislative day.
Which motion prevailed and the bill was so deferred.
HB 1055
:
FOR AN ACT ENTITLED, An Act
to repeal the early presidential primary.
Was read the second time.
Rep. Brooks moved the previous question.
Which motion prevailed.
The question being "Shall HB 1055 pass?"
And the roll being called:
Yeas 40, Nays 28, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Chicoine; Collier; Crisp; de Hueck; Derby;
Diedrich; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Johnson (Doug);
Kazmerzak; Kooistra; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli;
Pummel; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman;
Weber; Wetz; Windhorst
Nays were:
Barker; Brosz; Brown (Richard); Cerny; Cutler; Davis; DeMersseman; Duenwald; Duniphan;
Fiegen; Gleason; Haley; Hunt; Jaspers; Jorgensen; Koetzle; Konold; Koskan; Kredit; Munson
(Donald); Pederson (Gordon); Peterson (Bill); Putnam; Richter; Rost; Smidt; Wick; Speaker
Hagg
Excused were:
Hassard; Lee
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 1128
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to
truancy, to provide for the imposition of a civil fine, and to permit the court to compel school
attendance under certain circumstances.
Was read the second time.
0-1128a
Rep. Koskan moved that HB 1128 be amended as follows:
On page
1 of the printed bill
,
delete lines
15
and
16
.
On page
2
,
delete lines
1
to
4
, inclusive
.
Which motion lost.
Rep. Matthews moved that HB 1128 be deferred until the 41st legislative day.
The question being on Rep. Matthews' motion that HB 1128 be deferred until the 41st
legislative day.
And the roll being called:
Yeas 45, Nays 22, Excused 3, Absent and Not Voting 0
Yeas were:
Barker; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Cutler; Davis; DeMersseman;
Diedrich; Duenwald; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Jaspers;
Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Lockner; Lucas; Matthews;
McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Putnam; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst
Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Richard); Crisp; de Hueck; Derby; Duniphan;
Eccarius; Fiegen; Fitzgerald; Hunt; Konold; Kredit; Madden; Munson (Donald); Peterson (Bill);
Richter; Roe; Volesky; Speaker Hagg
Excused were:
Hassard; Jorgensen; Lee
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the bill was so deferred.
HB 1068
:
FOR AN ACT ENTITLED, An Act
to provide for six-person juries in small
claims actions.
Was read the second time.
r-1068
Rep. Eccarius moved that HB 1068 be amended as follows:
On page
1
,
line
10 of the printed bill
,
overstrike "
have
"
and insert "
has
"
.
Which motion prevailed and HB 1068 was so amended.
The question being "Shall HB 1068 pass as amended?"
And the roll being called:
Yeas 53, Nays 13, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Collier;
Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius;
Fiegen; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug);
Kazmerzak; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson
(Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Schaunaman; Smidt; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Barker; Davis; Duxbury; Fischer-Clemens; Koetzle; Kooistra; Lockner; Lucas; Schrempp;
Sokolow; Sperry; Volesky; Waltman
Excused were:
Hassard; Jorgensen; Lee
Absent and Not Voting were:
Chicoine
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 1177
:
FOR AN ACT ENTITLED, An Act
to permit cooperatives, rural electric
cooperatives, and nonprofit corporations to conduct meetings by teleconference.
Was read the second time.
The question being "Shall HB 1177 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit;
Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Excused were:
Hassard; Jorgensen; Lee
Absent and Not Voting were:
Chicoine
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 1141
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning
those vehicles that are acceptable for sale by an auction agency.
Was read the second time.
The question being "Shall HB 1141 pass?"
And the roll being called:
Yeas 52, Nays 15, Excused 3, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hunt; Jaspers; Johnson (Doug);
Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lucas; Madden; Matthews; Monroe;
Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Smidt;
Sokolow; Sperry; Volesky; Weber; Wetz; Wick; Windhorst
Nays were:
Apa; Collier; Crisp; de Hueck; Fiegen; Gleason; Lockner; McNenny; Pederson (Gordon);
Putnam; Richter; Schrempp; Van Gerpen; Waltman; Speaker Hagg
Excused were:
Hassard; Jorgensen; Lee
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 43
:
FOR AN ACT ENTITLED, An Act
to establish certain requirements and to
prohibit certain practices regarding sweepstake prizes and to provide a penalty for certain
violations thereof.
Was read the first time and referred to the Committee on Judiciary.
SB 63
:
FOR AN ACT ENTITLED, An Act
to extend medical assistance recovery to
estates of surviving spouses of certain deceased medical assistance recipients.
Was read the first time and referred to the Committee on Health and Human Services.
SB 87
:
FOR AN ACT ENTITLED, An Act
to expand the civil jurisdiction of magistrate
judges.
Was read the first time and referred to the Committee on Judiciary.
SB 106
:
FOR AN ACT ENTITLED, An Act
to provide for protection orders in cases of
stalking.
Was read the first time and referred to the Committee on Judiciary.
SB 117
:
FOR AN ACT ENTITLED, An Act
to increase the allowable value of an estate
from which personal property may be collected by affidavit.
Was read the first time and referred to the Committee on Taxation.
SB 142
:
FOR AN ACT ENTITLED, An Act
to authorize the use of the municipal sales
tax for certain street rehabilitation and reconstruction.
Was read the first time and referred to the Committee on Taxation.
SB 146
:
FOR AN ACT ENTITLED, An Act
to revise the dates when the auditor
reconciles the unpaid taxes.
Was read the first time and referred to the Committee on Taxation.
SB 147
:
FOR AN ACT ENTITLED, An Act
to revise the requirement for issuing property
tax receipts.
Was read the first time and referred to the Committee on Taxation.
Speaker Hagg now presiding.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
Rep. Hunt moved that SB 93 be referred to the Committee on Judiciary.
Which motion prevailed and the bill was so referred.
SB 55
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions related to birth
records.
Having had its second reading was up for consideration and final passage.
j-55d
Rep. Cutler moved that SB 55 be amended as follows:
On page
1 of the printed bill
,
delete lines
12
and
13
,
and insert "
record by providing one
or all of the following: the name of the person on the birth record; the date of birth; or the
mother's maiden name. Nothing in this
"
.
Which motion prevailed and SB 55 was so amended.
The question being "Shall SB 55 pass as amended?"
And the roll being called:
Yeas 61, Nays 6, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Duenwald; Duniphan; Duxbury;
Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers;
Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lockner; Lucas; Madden;
Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel;
Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen;
Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
de Hueck; Diedrich; Koskan; Moore; Napoli; Volesky
Excused were:
Hassard; Jorgensen; Lee
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 47
:
FOR AN ACT ENTITLED, An Act
to revise the processing of certain genetic
marker specimens.
Was read the second time.
The question being "Shall SB 47 pass as amended?"
And the roll being called:
Yeas 65, Nays 1, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt;
Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner;
Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson
(Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker
Hagg
Nays were:
Richter
Excused were:
Hassard; Jorgensen; Lee
Absent and Not Voting were:
Fischer-Clemens
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 41
:
FOR AN ACT ENTITLED, An Act
to make appropriations from the water and
environment fund and to declare an emergency.
Was read the second time.
The question being "Shall SB 41 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen;
Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit;
Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Excused were:
Hassard; Jorgensen; Lee
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 95
:
FOR AN ACT ENTITLED, An Act
to revise the terms of service for members of
the Commission on Judicial Qualifications.
Was read the second time.
The question being "Shall SB 95 pass as amended?"
And the roll being called:
Yeas 58, Nays 9, Excused 3, Absent and Not Voting 0
Yeas were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp;
Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fiegen; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug);
Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lucas; Madden; Matthews; McNenny; Monroe;
Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam;
Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Weber;
Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Barker; Collier; Davis; Fischer-Clemens; Koetzle; Lockner; Volesky; Waltman
Excused were:
Hassard; Jorgensen; Lee
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 97
:
FOR AN ACT ENTITLED, An Act
to prohibit the harassment of certain
employees by fraudulent legal proceedings or liens.
Was read the second time.
Rep. Hunt moved that SB 97 be deferred until Thursday, February 6th, the 18th legislative
day.
Which motion prevailed and the bill was so deferred.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared HB 1006 and 1007 and finds the same correctly enrolled.
Respectfully submitted,
REX HAGG, Chair
The Speaker publicly read the title to
HB 1006:
FOR AN ACT ENTITLED, An Act
to repeal certain taxes on express
companies.
HB 1007:
FOR AN ACT ENTITLED, An Act
to repeal certain taxes on telegraph
companies.
SB 27:
FOR AN ACT ENTITLED, An Act
to revise the time frames for giving notice
concerning local elections and the distribution of sample ballots.
SB 69:
FOR AN ACT ENTITLED, An Act
to exempt certain information submitted to the
Department of Agriculture from public disclosure requirements.
And signed the same in the presence of the House.
HC 1003
Introduced by:
Representatives Brooks, de Hueck, Duniphan, Fitzgerald, Hunt,
Jaspers, Johnson (Doug), Madden, McNenny, and Pummel and Senators Hainje, Brown
(Arnold), and Frederick
A LEGISLATIVE COMMEMORATION,
Commemorating the birth of Kjerstin Lynn
Williams.
WHEREAS,
Kjerstin was born at 5:29 p.m. on January 31, 1997, weighing six pounds and
eleven ounces; and
WHEREAS,
Kjerstin is the first child born to Mike and Michell Williams of Brandon, South
Dakota, the son-in-law and daughter of Representative Roger Brooks and his wife Mary; and
WHEREAS,
Kjerstin is the first grandchild born to Representative Roger Brooks and his
wife Mary, now allowing them to be referred to as Grandpa and Grandma Brooks:
NOW, THEREFORE, BE IT COMMEMORATED,
by the Seventy-second Legislature of
the State of South Dakota, that the Legislature share in the joy and delight on the birth of
Kjerstin Lynn Williams, a new South Dakota Citizen, and congratulate Mike and Michell
Williams on the birth of their first child.
HC 1004
Introduced by:
Representatives Jorgensen and Haley and Senators Dunn (Jim)
and Hunhoff
A LEGISLATIVE COMMEMORATION,
honoring Dr. David B. Miller, professor of history,
Black Hills State University, Spearfish, South Dakota.
WHEREAS,
Dr. David B. Miller has brought history to life for thousands of teachers,
students, and citizens of South Dakota through his gifted teaching, writing, and preparation of
teachers during his twenty-eight year career at Black Hills State University. Dr. Miller co-
authored
The South Dakota Story, the history text book used in the South Dakota elementary
schools, thus sharing his vast knowledge of the history of our state with future generations of
South Dakota school children. Dr. Miller's career has advanced his profession and increased the
public interest in history; and
WHEREAS,
as a resident of Spearfish, Dr. Miller made outstanding contributions to the
community through his participation in the Northern Hills Railroad Authority and the Lawrence
County Democratic Central Committee, as a Regional History Consultant, and as a member of
numerous other boards and committees; and
WHEREAS,
Dr. Miller made a valuable contribution to the State of South Dakota as a
consultant to the U.S. Bureau of Land Management, the U.S. Forest Service, the U.S. Fish and
Wildlife Service, the South Dakota Archeological Research Center, the South Dakota Historical
Preservation Center, the South Dakota Cultural Heritage Center, the South Dakota Committee
on The Humanities, the North Dakota and Minnesota Humanities Council, and the National
Endowment for the Humanities on a variety of topics related to the history of the Dakotas and
the surrounding Great Plains Region:
NOW, THEREFORE, BE IT COMMEMORATED,
by the Seventy-Second Legislature of
the State of South Dakota, that Dr. David B. Miller be recognized for his efforts and
involvement regarding the discipline of history, education, and historical preservation in the
State of South Dakota.
Rep. Crisp moved that the House do now adjourn, which motion prevailed, and at
4:33 p.m. the House adjourned.
KAREN GERDES, Chief Clerk