JOURNAL OF THE HOUSE
THIRTY-THIRD DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 26, 1999
The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge
of Allegiance led by House page Robert Cook.
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 thirty-second 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,
ROGER W. HUNT, Chair
Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS
The House proceeded to the consideration of the recommendation of the Governor as to
change of style and form of SB 32 as found on page 650 of the Senate Journal, as provided in
Article IV, Section 4, of the Constitution of the State of South Dakota.
The question being "Shall the recommendation of the Governor as to change of style and
form of SB 32 be approved?"
And the roll being called:
Yeas 63, Nays 2, Excused 1, Absent and Not Voting 4
Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fitzgerald; Fryslie; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt;
Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre;
McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel;
Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Napoli; Windhorst
Excused were:
Cutler
Absent and Not Voting were:
Apa; Broderick; Fischer-Clemens; Hagen
So the question having received an affirmative vote of a majority of the members-elect, the
Speaker declared the recommendation of the Governor as to change of style and form approved.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration SB 205
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 Taxation respectfully reports that it has had under consideration SB 161
and returns the same with the recommendation that said bill be amended as follows:
f-161
On page
2
,
line
17 of the Senate engrossed bill
,
delete "
12 to 14
"
and insert "
1 to 3
"
.
On page
3
,
line
3
,
delete "
12 to 14
"
and insert "
1 to 3
"
.
And that as so amended said bill do pass and be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration SB 101
and returns the same with the recommendation that said bill be amended as follows:
f-101
On the Senate Transportation committee engrossed bill,
delete everything after the enacting
clause and insert:
"
Section 1. That
§
49-16A-1
be amended to read as follows:
49-16A-1.
Terms used in this chapter mean:
(1)
"Common carrier," a carrier which holds itself out to the general public as engaged
in the business of transporting freight in intrastate commerce which it is accustomed
to and is capable of transporting from place to place in this state, for hire;
(2)
"Department," the March 2, 1999 Department of Transportation created by chapter
1-44;
(3)
"For hire," the condition of receiving remuneration of any kind, paid or promised,
either directly or indirectly, for the transportation of freight;
(4)
"Freight," all property tendered for transportation by a railroad;
(5)
"Railroad,"
a
any association or
corporation
, or other entity, other than a state agency
or authority,
engaged in operating a common carrier by rail regardless of motive
power used, excluding street railroads;
(6)
"Road," all track, right-of-way, bridges, mainlines, branchlines, spurs, sidetracks,
interchanges and all other fixtures and real property owned or operated by a railroad
to discharge its obligations as a common carrier by rail;
(7)
"Shipper," a consignor or consignee
;
(8) "Commission," the Transportation Commission created by
§
1-44-4;
(9) "Negotiated in good faith," a bona fide offer to pay all costs and damages as
compensation for the acquisition of property desired by the applicant for the
construction or reconstruction of a road, including the economic costs or diminution
associated with or caused by the construction or reconstruction if there is a partial
taking of property
.
Section 2. That
§
49-16A-75
be amended to read as follows:
49-16A-75.
A railroad may exercise the right of eminent domain in acquiring right-of-way
as provided by statute
, but only upon obtaining authority from the Governor or the commission,
based upon a determination by the Governor or the commission that the railroad's exercise of
the right of eminent domain would be for a public use consistent with public necessity. The
Governor or the commission may, without limitation, consider the requirements of sections 3,
4, and 5 of this Act when granting or denying an application for authority to use eminent
domain. The decision to grant or deny an application shall be made after reasonable notice and
opportunity to be heard, pursuant to chapter 1-26
.
Section 3. That chapter 49-16A be amended by adding thereto a NEW SECTION to read
as follows:
The commission shall promulgate rules in accordance with chapter 1-26:
(1) Establishing a form upon which a railroad may apply for authority to exercise the
right of eminent domain;
(2) Specifying the information to be submitted by an applicant; and
(3) Administering applications for authority to exercise the right of eminent domain.
Section 4. That chapter 49-16A be amended by adding thereto a NEW SECTION to read
as follows:
The applicant has the burden of proving by clear and convincing evidence that the exercise
of the right of eminent domain is a public use consistent with public necessity.
Section 5. That chapter 49-16A be amended by adding thereto a NEW SECTION to read
as follows:
A railroad's exercise of the right of eminent domain is a public use consistent with public
necessity only if the use of eminent domain:
(1) Has as a purpose providing railroad transportation to shippers in South Dakota, for
commodities produced, manufactured, mined, grown, used, or consumed in South
Dakota;
(2) Is proposed by an applicant with the financial resources necessary to complete the
proposed construction or reconstruction along with any related facilities,
construction, or mitigation which are necessary to protect against harm to the public
safety, convenience, or other adverse socioeconomic or environmental impact, as
evidenced by an irrevocable financing commitment from a lender with adequate
capitalization to fulfill its commitment;
(3) Is proposed by an applicant who has complied with chapter 34A-9;
(4) Is proposed by an applicant who has negotiated in good faith to privately acquire
sufficient property without the use of eminent domain;
(5) Is proposed by an applicant who has filed a plat, as required by
§
49-16A-64, and that
plat specifically sets forth the route of the road to be constructed or reconstructed,
identifies each affected landowner, and specifies the location, along with construction
methods and engineering specifications for all main lines, sidings, yards, bridges,
crossings, safety devices, switches, signals, and maintenance facilities; and
(6) Provides that electric utilities, public utilities, telecommunication companies, and
rural water systems have the right to the use of the right-of-way for the placement of
underground facilities, without fee, subject to reasonable regulation as to location and
placement.
"
f-101t
On page
1
,
line
1 of the Senate Transportation committee engrossed bill
,
delete everything
after "
to
"
and insert "
revise certain provisions regarding the grant of a permit to construct a
railroad.
"
.
On page
1
,
delete line
2
.
And returns the same without recommendation as amended.
Respectfully submitted,
John Koskan, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 194
and returns the same with the recommendation that said bill be amended as follows:
j-194g
On page
2
,
line
11 of the Senate engrossed bill
,
delete "
national
"
.
On page
2
,
line
23
,
after "
any
"
insert "
national
"
.
J-194f
On page
1
,
line
5 of the Senate engrossed bill
,
delete "
or construction equipment
"
and
insert "
machinery
"
.
On page
1
,
line
6
,
delete "
or
"
and insert "
machinery
"
.
On page
1
,
line
7
,
delete "
construction equipment
"
.
On page
1
,
line
7
,
delete everything after "
public
"
.
On page
1
,
delete line
8
.
On page
1
,
line
9
,
delete everything before "
;
"
.
On page
1
,
line
14
,
delete "
or construction equipment
"
and insert "
machinery
"
.
On page
1
,
delete line
16
.
On page
2
,
delete lines
1
to
4
, inclusive
.
On page
2
,
line
11
,
after "
agricultural
"
delete "
or
"
and insert "
machinery
"
.
On page
2
,
line
12
,
delete "
construction equipment
"
.
On page
2
,
line
13
,
delete "
equipment
"
and insert "
machinery
"
.
On page
2
,
line
14
,
delete "
equipment
"
and insert "
machinery
"
.
On page
2
,
line
18
,
after "
agricultural
"
delete "
or
"
and insert "
machinery
"
.
On page
2
,
line
19
,
delete "
construction equipment
"
.
On page
2
,
line
20
,
delete "
or construction equipment
"
and insert "
machinery
"
.
On page
2
,
line
22
,
delete "
or construction equipment
"
and insert "
machinery
"
.
R-194b
On page
3
,
delete lines
6
to
9 of the Senate engrossed bill
, inclusive
.
On page
3
,
line
10
,
delete "
(3)
"
and insert "
(2)
"
.
On page
3
,
line
16
,
delete "
(4)
"
and insert "
(3)
"
.
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 150
which was tabled.
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration SB 2
which was deferred to the 41st legislative day.
Respectfully submitted,
Jarvis Brown, Chair
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 64 and returns the same with the recommendation that said bill be amended
as follows:
j-64a
On page
9
,
line
12 of the Senate Health and Human Services committee engrossed bill
,
delete "
;
"
and insert "
.
"
.
On page
9
,
delete lines
13
to
15
, inclusive
.
On page
19
,
delete lines
6
to
22
, inclusive
.
On page
21
,
line
9
,
delete "
57
"
and insert "
56
"
.
On page
24
,
line
18
,
delete "
67
"
and insert "
66
"
.
On page
25
,
line
8
,
delete "
77 and 78
"
and insert "
76 and 77
"
.
On page
28
,
line
4
,
delete "
163
"
and insert "
161
"
.
On page
28
,
line
5
,
delete "
162
"
and insert "
160
"
.
On page
29
,
line
15
,
delete "
90
"
and insert "
89
"
.
On page
30
,
delete lines
7
to
22
, inclusive
.
On page
44
,
line
4
,
delete "
162 and 164
"
and insert "
160 and 162
"
.
On page
45
,
line
7
,
delete "
162
"
and insert "
160
"
.
On page
45
,
line
25
,
delete "
152
"
and insert "
150
"
.
On page
46
,
line
5
,
delete "
156
"
and insert "
154
"
.
On page
47
,
line
8
,
delete "
153
"
and insert "
151
"
.
On page
47
,
line
12
,
delete "
162
"
and insert "
160
"
.
On page
47
,
line
15
,
delete "
162
"
and insert "
160
"
.
On page
47
,
line
20
,
delete "
152, 153, and 156
"
and insert "
150, 151, and 154
"
.
On page
48
,
line
2
,
delete "
160
"
and insert "
158
"
.
On page
48
,
line
10
,
delete "
152 to 168
"
and insert "
150 to 166
"
.
On page
48
,
line
25
,
delete "
with a
"
and insert "
if the review board finds by clear and
convincing evidence that the person cannot exercise informed consent to treatment by reason
of that person's developmental disability, and that the person poses a danger of physical injury
to self or others making it necessary or advisable to receive appropriate supports and services.
"
.
On page
49
,
delete line
1
.
On page
49
,
line
2
,
delete everything before "
If
"
.
On page
50
,
line
22
,
delete "
59
"
and insert "
58
"
.
On page
50
,
line
25
,
delete "
162
"
and insert "
160
"
.
On page
51
,
line
14
,
delete "
153
"
and insert "
151
"
.
On page
52
,
line
24
,
delete "
162
"
and insert "
160
"
.
On page
53
,
line
1
,
delete "
162
"
and insert "
160
"
.
On page
64
,
line
21
,
delete "
sterilized without the person's informed
"
and insert "
subjected
to any nonemergency medical procedure or treatment designed to render a person permanently
unable to produce children without the person's informed consent or court order as set out in this
chapter. For the purposes of this section, the person's ability to give informed consent is subject
to the person being eighteen years of age or older and the following:
(1) Prior to the procedure, capacity to give informed consent and assurance that such
consent is voluntarily and freely given shall be evaluated by:
(a) A psychiatrist, psychologist, or physician who does not provide services or
supports to the person with a developmental disability and who has consulted
with and personally interviewed the person with a developmental disability;
and
(b) A qualified mental retardation professional who does not provide services or
supports in which the person participates and who has consulted with and
interviewed the person with a developmental disability;
(2) The professionals who conducted the evaluation pursuant to subdivision (1) shall
consult with the physician who is to perform the procedure concerning each
professional's opinion in regard to the capacity of the person with a developmental
disability to give informed consent regarding the procedure or treatment.
If any person's capacity to give informed consent is challenged, the person, a qualified
mental retardation professional, or a physician may file a petition with the court to determine
competency to give consent.
"
.
On page
64
,
delete lines
22
to
25
, inclusive
.
On page
65
,
delete lines
1
to
19
, inclusive
.
On page
65
,
delete line
23
,
and insert "
informed consent or the person's legal guardian may
petition the
"
.
On page
65
,
line
24
,
delete "
sterilization
"
.
On page
65
,
line
24
,
after "
procedure
"
insert "
set forth in section 219 of this Act
"
.
On page
66
,
line
1
,
delete "
to be
"
.
On page
66
,
line
2
,
delete "
sterilized
"
.
On page
66
,
line
7
,
delete "
to be sterilized
"
.
On page
66
,
line
8
,
delete "
sterilization
"
and insert "
procedure
"
.
On page
66
,
line
17
,
delete "
sterilization
"
.
On page
66
,
line
17
,
after "
procedure
"
insert "
set forth in section 219 of this Act
"
.
On page
66
,
line
20
,
delete "
regarding sterilization, or is a minor with
"
.
On page
66
,
line
21
,
delete "
a developmental disability
"
.
On page
67
,
line
1
,
delete "
sterilization
"
and insert "
the procedure
"
.
On page
67
,
line
7
,
delete "
sterilization
"
and insert "
procedure
"
.
On page
67
,
line
11
,
delete "
sterilization
"
and insert "
procedure
"
.
On page
67
,
line
24
,
delete "
to obtain a court order authorizing sterilization
"
.
On page
68
,
line
16
,
after "
behavior.
"
insert "
Persons enrolled in residential programs or
living units are expected to partake in meals at a predetermined scheduled time.
"
.
On page
70
,
line
4
,
delete "
232 to 234
"
and insert "
229 to 231
"
.
On page
70
,
line
21
,
delete "
238
"
and insert "
236
"
.
On page
70
,
between lines
23
and
24
,
insert:
"
Section 234A. That chapter 27B-8B be amended by adding thereto a NEW SECTION to
read as follows:
The Legislature hereby finds that:
(1) Research does not support the long-term efficacy of aversive behavioral intervention;
(2) The use of aversive or abusive treatment raises disturbing legal and ethical issues and
may well deprive the recipient of constitutional or statutory rights and be outside the
ethical guidelines imposed upon the treatment professional;
(3) Any severely disabled person has the same right to be treated with dignity and
respect as any other citizen; and
(4) The use of aversive and abusive treatments on any person with a disability
diminishes the dignity and humanity of the treatment professional and the disabled
person.
The Legislature opposes any treatment or practice which violates the right to freedom from
harm and promotes activities that lead to implementation and dissemination of positive
intervention alternatives.
"
On page
71
,
line
13
,
after "
disability
"
insert "
, if eighteen years of age or over and capable
of giving informed consent,
"
.
On page
71
,
line
15
,
delete "
235
"
and insert "
233
"
.
On page
71
,
line
16
,
delete "
235
"
and insert "
233
"
.
On page
72
,
line
9
,
delete "
235
"
and insert "
233
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 54 and returns the same with the recommendation that said bill be amended
as follows:
j-54a
On page
2
,
after line
6 of the printed bill
,
insert:
"
Section 2. That
§
27A-12-3.13
be amended to read as follows:
27A-12-3.13.
The administrator or attending psychiatrist or facility director may petition
the circuit court for the authority to administer psychotropic medication to an involuntarily
committed patient if,
in the opinion of
after a personal examination
, the
administrator or facility
director
person's treating physician and the medical director
or attending psychiatrist
and the
person's treating physician,
believe
psychotropic medication will be medically beneficial to the
person and is necessary because:
(1)
The person presents a danger to himself or others;
(2)
The person cannot improve or his condition may deteriorate without the medication;
or
(3)
The person may improve without the medication but only at a significantly slower
rate.
"
And that as so amended said bill do pass and be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HCR 1013 and SB 56 which were deferred to the 41st legislative day.
Respectfully submitted,
Kristie Fiegen, Chair
MR. SPEAKER:
I have the honor to return herewith HB 1138, 1189, 1198, 1296, and 1299 which have
passed the Senate without change.
Also MR. SPEAKER:
I have the honor to return herewith HB 1075 and 1221 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
PATRICIA ADAM, Secretary
HCR 1016:
A CONCURRENT RESOLUTION,
Encouraging the Board of Regents to fix
a special tuition rate for nonresident students of exceptional talent and ability whose parents
were graduated by state universities.
Rep. Richard Brown moved that HCR 1016 as found on pages 727 and 728 of the House
Journal be adopted.
The question being on Rep. Richard Brown's motion that HCR 1016 be adopted.
And the roll being called:
Yeas 57, Nays 11, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Haley; Hanson; Hennies; Juhnke;
Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre;
Michels; Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt;
Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst;
Wudel; Young; Speaker Hunt
Nays were:
Fiegen; Fryslie; Jaspers; Klaudt; Koskan; McNenny; Monroe; Munson (Donald); Napoli;
Richter; Wetz
Excused were:
Cutler
Absent and Not Voting were:
Hagen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1016 was adopted.
Rep. McNenny moved that the House do concur in Senate amendments to HB 1003.
The question being on Rep. McNenny's motion that the House do concur in Senate
amendments to HB 1003.
And the roll being called:
Yeas 65, Nays 3, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli;
Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Koehn; Koetzle; Sutton (Duane)
Excused were:
Cutler
Absent and Not Voting were:
Hagen
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. Brooks moved that the House do concur in Senate amendments to HB 1121.
The question being on Rep. Brooks' motion that the House do concur in Senate
amendments to HB 1121.
And the roll being called:
Yeas 66, Nays 1, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan;
Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt;
Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel;
Young; Speaker Hunt
Nays were:
Windhorst
Excused were:
Cutler; Richter
Absent and Not Voting were:
Hagen
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.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Smidt moved that the report of the Standing Committee on
Education on SB 209 as found on pages 765 and 766 of the House Journal be adopted.
Which motion prevailed and the report was adopted.
SECOND READING OF CONSENT CALENDAR ITEMS
SB 138:
FOR AN ACT ENTITLED, An Act to
provide limited liability for the use of
automated external defibrillators.
Was read the second time.
The question being "Shall SB 138 pass as amended?"
And the roll being called:
Yeas 66, Nays 1, Excused 1, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan;
Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal;
Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel;
Young; Speaker Hunt
Nays were:
Monroe
Excused were:
Cutler
Absent and Not Voting were:
Duniphan; Smidt
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
Rep. Koskan requested that SB 89 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 243:
FOR AN ACT ENTITLED, An Act to
provide for the issuance of specialty license
plates and organization decals.
Having had its second reading was up for consideration and final passage.
The question being on Rep. Haley's pending motion to amend SB 243 as found on pages
754 and 755 of the House Journal.
Rep. Richter moved that SB 243 with pending amendment be placed to follow SB 249 on
today's calendar.
Which motion prevailed and SB 243 was so placed.
SB 111:
FOR AN ACT ENTITLED, An Act to
establish certain provisions regarding the
taxation of the gross receipts of a professional employer organization.
Having had its second reading was up for consideration and final passage.
Rep. Michels moved that SB 111 be deferred until Monday, March 1st, the 34th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 193:
FOR AN ACT ENTITLED, An Act to
revise the school term.
Having had its second reading was up for consideration and final passage.
Rep. Richter moved that SB 193 be deferred until Tuesday, March 2nd, the 35th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 191:
FOR AN ACT ENTITLED, An Act to
designate kuchen as the official state
dessert.
Was read the second time.
Rep. Elmer Diedtrich moved that SB 191 be deferred until Monday, March 1st, the 34th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 149:
FOR AN ACT ENTITLED, An Act to
require the establishment of a cost recovery
method or mechanism for telecommunication companies to recover the cost of certain mandated
services and to revise certain provisions regarding dialing parity.
Was read the second time.
f-149a
Rep. Haley moved that SB 149 be amended as follows:
On page
1
,
line
11 of the House State Affairs committee engrossed bill
,
after "
mandate
"
insert "
provided the telecommunications company proves to the commission that the
telecommunications company does not have adequate returns to recover the costs of the decision
or order
"
.
A roll call vote was requested and supported.
The question being on Rep. Haley's motion that SB 149 be amended.
And the roll being called:
Yeas 28, Nays 39, Excused 2, Absent and Not Voting 1
Yeas were:
Brooks; Burg; Crisp; Cutler; Derby; Duenwald; Fischer-Clemens; Hagen; Haley; Hanson;
Juhnke; Kazmerzak; Koehn; Kooistra; Lintz; Lockner; Lucas; McIntyre; Michels; Nachtigal;
Patterson; Pummel; Sutton (Daniel); Volesky; Waltman; Wetz; Wilson; Wudel
Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Davis; Diedrich (Larry);
Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos;
Hennies; Jaspers; Klaudt; Konold; Koskan; McCoy; McNenny; Monroe; Munson (Donald);
Napoli; Peterson; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber;
Windhorst; Young; Speaker Hunt
Excused were:
Cerny; Putnam
Absent and Not Voting were:
Koetzle
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being "Shall SB 149 pass as amended?"
And the roll being called:
Yeas 47, Nays 20, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Davis; Diedrich (Larry);
Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald;
Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Koehn; Konold; Koskan; Lintz; McCoy;
McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Roe;
Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Weber; Wetz; Windhorst;
Wudel; Speaker Hunt
Nays were:
Brooks; Burg; Crisp; Cutler; Derby; Fischer-Clemens; Hagen; Haley; Kazmerzak; Klaudt;
Kooistra; Lockner; Lucas; Michels; Pummel; Richter; Volesky; Waltman; Wilson; Young
Excused were:
Cerny; Putnam
Absent and Not Voting were:
Koetzle
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 164:
FOR AN ACT ENTITLED, An Act to
prohibit certain practices by certain
livestock packers and live poultry dealers.
Was read the second time.
Rep. Koskan moved that SB 164 be deferred until Monday, March 1st, the 34th legislative
day.
Which motion prevailed and the bill was so deferred.
SB 249:
FOR AN ACT ENTITLED, An Act to
allow a special fireworks sale period at the
turn of the millennium.
Was read the second time.
The question being "Shall SB 249 pass?"
And the roll being called:
Yeas 60, Nays 8, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-
Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak;
Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McNenny; Monroe;
Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Sebert; Slaughter;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Brown (Jarvis); Crisp; Hennies; Koetzle; Lucas; McIntyre; Michels; Roe
Excused were:
Duniphan; Putnam
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 243:
FOR AN ACT ENTITLED, An Act to
provide for the issuance of specialty license
plates and organization decals.
Having had its second reading was up for consideration and final passage.
The question being on Rep. Haley's pending motion to amend SB 243 as found on pages
754 and 755 of the House Journal.
Rep. Duenwald moved that SB 243 with pending amendment be deferred until Monday,
March 1st, the 34th legislative day.
Which motion prevailed and the bill was so deferred.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
156 and 186 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
151 and returns the same with the recommendation that said bill be amended as follows:
f-151
On page
1
,
line
12 of the Senate engrossed bill
,
after "
less.
"
insert "
The
telecommunications company shall publicly announce the beginning and ending date of the
promotion period.
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
211 and returns the same with the recommendation that said bill be amended as follows:
f-211
On page
7
,
delete lines
23
to
25 of the Senate State Affairs committee engrossed bill
,
inclusive
.
On page
8
,
delete lines
1
to
6
, inclusive
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
238 and returns the same with the recommendation that said bill be amended as follows:
f-238
On page
6
,
after line
13 of the Senate State Affairs committee engrossed bill
,
insert:
"
Section 11. That
§
1-33-43
be amended to read as follows:
1-33-43.
The Bureau of Information and Telecommunications shall perform functions to
include, but not be limited to:
1.
Providing technical and management assistance to state agencies and institutions as
to systems or methods to be used to meet information and communication
requirements efficiently and effectively;
2.
Developing and proposing operational technical standards for the state information
systems which will ensure the interconnection of computer networks and information
of state agencies;
3.
Purchasing from, or contracting with, suppliers and communications common
carriers for communications facilities or services;
4.
Cooperating with any federal, state, or local emergency management agency in
providing for emergency communication and information services;
5.
Providing, where deemed feasible, a means whereby local governmental agencies
and local government associations
may utilize the state communication and
information systems and service; and
6.
In cooperation with the appropriate state agencies, plan, design, and conduct
experiments in information services, equipment, and technology, and to implement
enhancements in the state information system.
"
j-238b
On page
3
,
line
12 of the Senate State Affairs committee engrossed bill
,
after "solicitation."
insert "At a minimum, separate authorizations must be obtained for local exchange service,
intraLATA toll service, and interLATA toll service.".
On page
4
,
line
14
,
after "
addresses.
"
insert "
The list may be filed as confidential
consistent with the commission's rules.
"
.
On page
4
,
line
22
,
delete "
If an alleged violation of this Act results in
"
and insert "
If the
commission finds the company has committed a violation of this Act after holding
"
.
f-238t
On page
1
,
line
2 of the Senate State Affairs committee engrossed bill
,
after "
services
"
insert "
and to authorize the Bureau of Information and Telecommunications to assist local
governmental associations
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
120 which was tabled.
Respectfully submitted,
Steve Cutler, Chair
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 49, 65, and 128.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SCR 8.
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 1138, 1189, 1198, 1213, 1225, 1254, 1296, 1299, and
1301 and finds the same correctly enrolled.
Respectfully submitted,
Roger Hunt, Chair
The Speaker publicly read the title to
HB 1138:
FOR AN ACT ENTITLED, An Act to
account for how taxes are paid by certain
manufactured homes for certain school purposes, to establish how the Department of Revenue
shall adjust the computation for local effort, and to classify certain manufactured homes as real
property for property tax purposes.
HB 1189:
FOR AN ACT ENTITLED, An Act to
repeal the requirement that certain
proposals for the regulation of professions and occupations be reviewed prior to session.
HB 1198:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
expenses of state officers and employees which are reimbursable.
HB 1213:
FOR AN ACT ENTITLED, An Act to
protect the normal operation and use of
sport shooting ranges.
HB 1225:
FOR AN ACT ENTITLED, An Act to
exempt school districts from certain
transportation requirements.
HB 1254:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to local
government officer conflicts of interest.
HB 1296:
FOR AN ACT ENTITLED, An Act to
restrict certain criminal liability for
alcoholic beverage licensees and to provide for administrative sanctions.
HB 1299:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
practices of physician assistants, certified registered nurse anesthetists, nurse practitioners, and
nurse midwives.
HB 1301:
FOR AN ACT ENTITLED, An Act to
limit the liability resulting from the
manufacture, distribution, and sale of firearms.
SB 1:
FOR AN ACT ENTITLED, An Act to
revise the procedure for the valuation of real
property.
SB 5:
FOR AN ACT ENTITLED, An Act to
establish the value added agriculture subfund
and provide for its funding and disbursement.
SB 6:
FOR AN ACT ENTITLED, An Act to
revise the authority of the Board of Economic
Development.
SB 10:
FOR AN ACT ENTITLED, An Act to
provide benefit improvements for the
members of the South Dakota Retirement System.
SB 11:
FOR AN ACT ENTITLED, An Act to
provide for the inclusion of certain jailers
as Class B members of the South Dakota Retirement System.
SB 12:
FOR AN ACT ENTITLED, An Act to
improve the survivor benefit for a surviving
spouse of a member of the South Dakota Retirement System.
SB 13:
FOR AN ACT ENTITLED, An Act to
repeal certain exemptions for national guard
members and discharged members from certain taxes and military duty.
SB 14:
FOR AN ACT ENTITLED, An Act to
provide for a penalty for failure to obtain
a license before operating an alcoholic beverage business.
SB 15:
FOR AN ACT ENTITLED, An Act to
exempt inmate matters from certain
contested case, rule making, and declaratory ruling processes.
SB 26:
FOR AN ACT ENTITLED, An Act to
authorize the sale of a tract of land in
Brookings County used by the Agricultural Experiment Station research program, to provide
for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents
endowed institution interest and income fund to reflect the value of such sale.
SB 27:
FOR AN ACT ENTITLED, An Act to
require the conduct of criminal background
checks for certain persons employed by the Board of Regents.
SB 34:
FOR AN ACT ENTITLED, An Act to
revise certain requirements concerning the
certificate for nomination and to provide certain rule-making authority.
SB 38:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding the
transfer of funds from the regulated substance response fund and to make an appropriation to
the fund.
SB 39:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding safe
drinking water to comply with the revised requirements of the federal Safe Drinking Water Act.
SB 47:
FOR AN ACT ENTITLED, An Act to
revise the renewal fees for physicians,
physician assistants, physical therapists, physical therapist assistants, medical corporations, and
physician assistant corporations.
SB 52:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the costs
and expenses incurred in the apprehension, transportation, evaluation, and commitment of out-
of-state residents alleged to be mentally ill and in need of emergency intervention.
SB 53:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
apprehension and transportation of a person believed to require emergency intervention.
SB 55:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the costs
of care and treatment and calculation thereof for persons receiving treatment from the Human
Services Center.
SB 57:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
definition of an accredited prevention or treatment facility for alcohol and drug abuse.
SB 58:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding holiday
compensation and vacation and sick leave of sheltered workshop employees of the Division of
Service to the Blind and Visually Impaired.
SB 71:
FOR AN ACT ENTITLED, An Act to
require notice to landowners before entry
on private lands for certain planning commission functions.
SB 75:
FOR AN ACT ENTITLED, An Act to
establish an insurance fraud unit within the
Division of Insurance to investigate and prosecute insurance fraud.
SB 79:
FOR AN ACT ENTITLED, An Act to
revise the liability for misdemeanor
violations of certain provisions concerning the illegal sale or distribution of tobacco products.
SB 80:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions relating to the
disposition of certain controlled weapons or firearms.
SB 87:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
annual property tax bill.
SB 91:
FOR AN ACT ENTITLED, An Act to
revise certain provisions governing the
location of hunting authorized by landowner preference and limited big game licenses and
permits.
SB 95:
FOR AN ACT ENTITLED, An Act to
regulate certain livestock packer
transactions.
SB 97:
FOR AN ACT ENTITLED, An Act to
extend the time period during which
previous driving while intoxicated convictions may be considered for determining subsequent
offenses.
SB 99:
FOR AN ACT ENTITLED, An Act to
provide special assessment authority to
ambulance districts.
SB 103:
FOR AN ACT ENTITLED, An Act to
revise the election procedure for forming
a municipality.
SB 109:
FOR AN ACT ENTITLED, An Act to
provide for the public announcement of
capital punishment execution dates.
SB 110:
FOR AN ACT ENTITLED, An Act to
revise certain provisions concerning the
electronic filing of tax returns and tax payments.
SB 115:
FOR AN ACT ENTITLED, An Act to
require a landowner to apply to the director
of equalization and to request the use of the marshland soils rating classification to value certain
agricultural land.
SB 126:
FOR AN ACT ENTITLED, An Act to
provide for the confidentiality of certain
ambulance patient information.
SB 127:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
financial arrangements school districts may have with the Health and Educational Facilities
Authority.
SB 132:
FOR AN ACT ENTITLED, An Act to
increase certain inheritance tax exemptions
for lineal issue.
SB 134:
FOR AN ACT ENTITLED, An Act to
require certain health plans to cover certain
dental care services.
SB 176:
FOR AN ACT ENTITLED, An Act to
restrict the possession of firearms on
certain off-road vehicles.
SB 177:
FOR AN ACT ENTITLED, An Act to
require the Department of Revenue to
conduct a pilot program granting limited access to certain secured parties concerning liens and
to provide rule-making authority to implement the pilot program.
SB 179:
FOR AN ACT ENTITLED, An Act to
clarify the notification date requirements
in the nonrenewal of certain teacher contracts.
SB 190:
FOR AN ACT ENTITLED, An Act to
prohibit certain sexual acts between certain
jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.
SB 202:
FOR AN ACT ENTITLED, An Act to
revise the venue provisions relating to
administrative appeals.
SB 204:
FOR AN ACT ENTITLED, An Act to
provide that violations of general permits
for water pollution control are subject to certain penalties.
SB 216:
FOR AN ACT ENTITLED, An Act to
make an appropriation for adult basic
education.
SB 235:
FOR AN ACT ENTITLED, An Act to
require the disclosure of information to
prospective enrollees of managed care plans.
SB 236:
FOR AN ACT ENTITLED, An Act to
establish standards for network adequacy
and quality of care in managed care plans and to require the registration of managed care
entities.
SB 239:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
telecommunications services.
SB 246:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
service of a summons.
And signed the same in the presence of the House.
Rep. Konold moved that the House do now adjourn, which motion prevailed, and at
2:28 p.m. the House adjourned.
KAREN GERDES, Chief Clerk