JOURNAL OF THE HOUSE
THIRTY-FIFTH DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
March 2, 1999
The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of
Allegiance led by House page Erin Greene.
Roll Call: All members present except Rep. Fitzgerald who was 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 thirty-fourth 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 HB 1230 as found on pages 825 and 826 of the House 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 HB 1230 be approved?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; 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; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum;
Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel;
Young; Speaker Hunt
Excused were:
Fitzgerald; Peterson
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 State Affairs respectfully reports that it has had under consideration SB
145 and 221 and SJR 4 and returns the same with the recommendation that said bills and
resolution do pass.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
188 and returns the same with the recommendation that said bill be amended as follows:
o-188a
On page
1
,
line
6 of the Senate engrossed bill
,
delete "
:
"
.
On page
1
,
line
7
,
delete everything before "
defendant
"
and insert "
the
"
.
On page
1
,
line
8
,
delete "
; or
"
and insert "
.
"
.
On page
1
,
delete lines
9
to
11
, 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
200 and returns the same with the recommendation that said bill be amended as follows:
O-200b
On the pending amendment (t-200), in the first sentence, delete "eighteen" and insert
"nineteen".
T-200
On the House State Affairs committee engrossed bill,
delete everything after the enacting
clause and insert:
"
Section 1. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who commits a violation of
§
22-42-5 or 22-42-6 is guilty of a Class 6 felony
if the person is at least eighteen years of age and if such activity has taken place:
(1) In, on, or within one thousand feet of real property comprising a public or private
elementary or secondary school or a playground; or
(2) In, on, or within five hundred feet of real property comprising a public or private
youth center, public swimming pool, or video arcade facility.
However, possession of a controlled drug or substance, as defined in chapter 34-20B, legally
prescribed to the person or an immediate family member by a licensed practitioner of the
healing arts, is exempt from the provisions of this section.
The sentence imposed for a conviction under this section carries a minimum sentence of
imprisonment in the state penitentiary of one year. Any sentence imposed under this section
shall be consecutive to any other sentence imposed for the principal felony. The court may not
place on probation, suspend the execution of the sentence, or suspend the imposition of the
sentence of any person convicted of a violation of this section. However, the sentencing court
may impose a sentence other than that specified in this section if the court finds that mitigating
circumstances exist which require a departure from the mandatory sentence provided for in this
section. The court's finding of mitigating circumstances allowed by this section and the factual
basis relied upon by the court shall be in writing.
It is not a defense to the provisions of this section that the defendant did not know the
distance involved. It is not a defense to the provisions of this section that school was not in
session.
"
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
210 and returns the same with the recommendation that said bill be amended as follows:
o-210f
On the Senate engrossed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who has been convicted of a violation of
§
§
22-42-2.1, 22-42-3 to 22-42-4.1,
inclusive, 22-42-5 to 22-42-8, inclusive, 22-42-10, 22-42-16, 22-42-19, 34-20B-42, and 34-20B-
46 shall, in addition to any other penalties, be remanded to the custody of the Department of
Corrections for a period of ten days, no part of which may be waived or suspended except as
provided in
§
22-42-2.3. The secretary of the Department of Corrections shall assign the person
to an institution under the jurisdiction of the secretary.
Section 2. That
§
22-42-2.3
be amended to read as follows:
22-42-2.3.
The sentencing court may impose a sentence other than that which is required
by
§
22-42-2
and section 1 of this Act
if the court finds that mitigating circumstances exist
which require a departure from the mandatory sentence imposed by
§
22-42-2
or section 1 of
this Act
. The court's finding of mitigating circumstances allowed by this section and the factual
basis relied upon by the court shall be in writing
and shall be filed with the clerk of courts
.
Section 3. The mandatory incarceration provisions of section 1 of this Act do not apply to
a child, as defined in subdivision 26-7A-1(6), unless the child is tried as an adult pursuant to
§
26-11-3.1 or 26-11-4.
Section 4. Notwithstanding the provisions of
§
22-1-4, crimes otherwise denominated as
misdemeanors whose penalty includes an additional ten-day incarceration in the custody of the
Department of Corrections pursuant to section 1 of this Act shall remain classified as
misdemeanors.
Section 5. The provisions of
§
23A-27-35 do not apply to any person whose sentence
includes no more than ten days incarceration in the custody of the Department of Corrections.
Section 6. That
§
22-6-2
be amended to read as follows:
22-6-2.
Except as otherwise provided by law, misdemeanors are divided into two classes
which are distinguished from each other by the following maximum penalties which are
authorized upon conviction:
(1)
Class 1 misdemeanor: one year imprisonment in a county jail or one thousand dollars
fine, or both;
(2)
Class 2 misdemeanor: thirty days imprisonment in a county jail or two hundred
dollars fine, or both.
Misdemeanors may include incarceration in the custody of the Department of Corrections
as provided in section 1 of this Act.
The court in imposing sentence on a defendant who has been found guilty of a misdemeanor
shall order, in addition to the sentence that is imposed pursuant to the provisions of this section,
that the defendant make restitution to any victim in accordance with the provisions of chapter
23A-28.
Except in cases where punishment is prescribed by law, every offense declared to be a
misdemeanor and not otherwise classified, is a Class 2 misdemeanor.
Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42,
inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited
by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing
of such act is a Class 2 misdemeanor.
Section 7. That
§
26-8C-4
be amended to read as follows:
26-8C-4.
If the court is satisfied that the best interests of the public, justice and child will
be served, the court may, without entering an adjudication of delinquency, with consent of the
child, suspend imposition of adjudication of delinquency and place the child on probation under
the terms, conditions
,
and duration required by the court.
If the proceeding involves the
unlawful possession or distribution of marijuana or a controlled drug or substance, the court
shall include as a condition of probation that the child be committed to the Department of
Corrections for a period of not less than ten days which may not be reduced unless the court
finds mitigating circumstances exist which require a departure from the mandatory ten-day
incarceration in the custody of the Department of Corrections. The court's finding of mitigating
circumstances allowed by this section and the factual basis relied upon by the court shall be in
writing.
A court may revoke the suspension at any time during the probationary period and
impose an adjudication of delinquency without diminishment or credit for any of the
probationary period.
Section 8. That
§
26-8C-7
be amended to read as follows:
26-8C-7.
If
Except as provided in section 7 of this Act, if
a child has been adjudicated as a
delinquent child, the court shall enter a decree of disposition according to the least restrictive
alternative available in keeping with the best interests of the child. The decree shall contain one
or more of the following alternatives:
(1)
The court may make any one or more of the dispositions in
§
26-8B-6, except that
a delinquent child may be incarcerated in a detention facility established pursuant to
provisions of chapter 26-7A for not more than ninety days, which may be in addition
to any period of temporary custody;
(2)
The court may impose a fine not to exceed one thousand dollars;
(3)
The court may place the child on probation under the supervision of a court services
officer or another designated individual. The child may be required as a condition of
probation to report for assignment to a supervised work program, provided the child
is not deprived of the schooling that is appropriate for the child's age, needs and
specific rehabilitative goals. The supervised work program shall be of a constructive
nature designed to promote rehabilitation, appropriate to the age level and physical
ability of the child, and shall be combined with counseling by the court services
officer or other guidance personnel. The supervised work program assignment shall
be made for a period of time consistent with the child's best interests, but for not
more than ninety days;
(4)
The court may place the child at the Human Services Center for examination and
treatment;
(5)
The court may commit the child to the Department of Corrections;
(6)
The court may place the child in a detention facility for not more than ninety days,
which may be in addition to any period of temporary custody;
(7)
The court may place the child in an alternative educational program;
(8)
The court may order the suspension or revocation of the child's driving privilege or
restrict the privilege in such manner as it sees fit.
Section 9. That chapter 26-8C be amended by adding thereto a NEW SECTION to read as
follows:
If a child has been adjudicated as a delinquent child for a violation of state law regarding
the possession or distribution of marijuana or a controlled drug or substance, the court shall
enter a decree of disposition committing the child to the Department of Corrections for a period
of not less than ten days unless the court finds mitigating circumstances exist which require a
departure from the mandatory ten-day incarceration in the custody of the Department of
Corrections. The court's finding of mitigating circumstances allowed by this section and the
factual basis relied upon by the court shall be in writing. Probation, suspended imposition of
adjudication of delinquency, suspended execution of adjudication of delinquency, or discharged
under
§
26-7A-122 may not form the basis for reducing the mandatory time of commitment
required by this section to less than ten days.
Section 10. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
The Governor may offer a standing reward of not more than one thousand dollars for
evidence leading to the arrest and conviction of any person or persons guilty of any violation
of chapter 22-42,
§
34-20B-42, or 34-20B-46. The Governor may also offer special rewards in
reasonable amounts for the purpose of securing the arrest and conviction of any person or
persons charged with a felony under this section.
Section 11. There is hereby appropriated from the general fund the sum of one million
dollars ($1,000,000), or so much thereof as may be necessary, to the Office of the Governor for
the purpose of making payments for the rewards authorized in section 10 of this Act.
Section 12. The Governor shall approve vouchers and the state auditor shall draw warrants
to pay expenditures authorized by this Act.
"
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
233 and returns the same with the recommendation that said bill be amended as follows:
f-233f
On page
5
,
after line
24 of the Senate engrossed bill
,
insert:
"
Section 14. That
§
32-5A-1
be repealed.
32-5A-1.
Any county may, by ordinance, impose a wheel tax on all motor vehicles, as
defined in
§
32-3-1, registered in the county at a rate not to exceed four dollars per vehicle
wheel. The tax shall be administered and collected by the county. The total vehicle tax may not
exceed sixteen dollars per vehicle.
Section 15. That
§
32-5A-2
be repealed.
32-5A-2.
The proceeds from the tax created by this chapter shall be retained by the county,
deposited in a special highway fund, and the revenue may be used only for highway and bridge
maintenance and construction. The board of county commissioners shall, by resolution,
establish a means of distributing the revenue generated by this chapter among the county and
the municipalities and townships located within the county.
Section 16. That
§
32-5A-3
be repealed.
32-5A-3.
Upon purchasing a vehicle from a dealer, the purchaser shall pay the appropriate
tax at the time of title transfer. Nothing in this chapter shall prevent an automobile dealer from
licensing the vehicles on his lot without paying any taxes created by this chapter.
Section 17. That
§
32-5A-4
be repealed.
32-5A-4.
The Department of Revenue shall include on any motor vehicle registration
document mailed out to a vehicle owner prior to the annual registration of a motor vehicle, the
amount of tax imposed pursuant to
§
32-5A-1. A county in which such registration documents
are mailed to motor vehicle owners shall reimburse the Department of Revenue for the cost of
implementing this section for that county.
Section 18. That
§
32-5A-5
be repealed.
32-5A-5.
The per vehicle wheel rate imposed pursuant to
§
32-5A-1 may be imposed
according to the manufacturer's shipping weight, including accessories, and may vary according
to the following schedule:
(1)
Two thousand pounds or less, inclusive;
(2)
From 2001 to 4000 pounds, inclusive;
(3)
From 4001 to 6000 pounds, inclusive;
(4)
Over 6000 pounds.
Section 19. That
§
32-5A-6
be repealed.
32-5A-6.
If a county imposes a wheel tax pursuant to
§
32-5A-1 in excess of two dollars per
wheel, all of the revenue from the tax that is in excess of two dollars per wheel shall be used to
replace property taxes the county imposes for highway purposes.
Section 20. That
§
32-5A-7
be repealed.
32-5A-7.
If a motor vehicle is licensed for a period of time of less than twelve months, any
wheel tax imposed on such motor vehicle pursuant to this chapter shall be prorated on a monthly
basis.
Section 21. That
§
32-5-78
be amended to read as follows:
32-5-78.
Except as otherwise specifically provided and except as to compensation for use
of the highways by motor carriers, the license fees and taxes imposed upon all of the classes of
motor vehicles as specified in
§
§
32-5-5 to 32-5-46, inclusive, 32-5-77, 32-5B-1, and 32-5B-20
are in lieu of all taxes, general or local,
except for the tax created in
§
32-5A-1,
to which such
vehicle would otherwise be subject.
Section 22. That
§
32-5-129
be amended to read as follows:
32-5-129.
The secretary of revenue may license agents to perform the duties of county
treasurers, including collecting fees and taxes, registering and titling vehicles or boats, and
noting liens on titles, pursuant to this chapter,
chapter 32-5A,
chapter 32-5B, chapter 32-3, and
chapter 42-8.
Section 23. That
§
32-5-135
be amended to read as follows:
32-5-135.
Licensed agents shall submit all revenue collected pursuant to chapter 32-5A to
the secretary of revenue for distribution to counties.
Licensed agents shall submit all revenue
collected pursuant to chapter 32-5B to the secretary of revenue for deposit in the state highway
fund.
Section 24. The effective date of sections 14 to 23, inclusive, of this Act is January 1, 2000.
"
o-233h
On page
5
,
line
20 of the Senate engrossed bill
,
delete "
May
"
and insert "
April
"
.
F-233tf
On page
1
,
line
2 of the Senate engrossed bill
,
after "
roads
"
insert "
, to repeal the wheel
tax,
"
.
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
28 and returns the same with the recommendation that said bill be amended as follows:
o-28a
On page
4
,
line
19 of the Senate Judiciary committee engrossed bill
,
delete "
, except where
such importer
"
and insert "
. However, any entity that manufacturers cigarettes that it intends to
be sold in the United States is not a tobacco product manufacturer under this subdivision if the
cigarettes are sold in the United States exclusively through an importer that
"
.
On page
4
,
line
24
,
delete "
provided that
"
and insert "
if
"
.
On page
6
,
line
18
,
after "
Agreement
"
insert "
had it been a participating manufacturer
"
.
On page
6
,
line
18
,
after "
as
"
insert "
such payments are
"
.
On page
6
,
line
19
,
after "
Agreement
"
delete "
,
"
.
On page
6
,
line
21
,
delete "
had it been a participating
"
.
On page
6
,
line
22
,
delete "
manufacturer,
"
.
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
59 and returns the same with the recommendation that said bill be amended as follows:
O-59d
On page
2
,
line
18 of the Senate engrossed bill
,
delete "
the county or the
"
and insert "
a
county, township, or
"
.
O-59e
On page
2
,
delete lines
2
to
7 of the Senate engrossed bill
, 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
HCR 1012 and returns the same with the recommendation that said resolution be amended as
follows:
o-c1012
On page
638
,
line
4 of the House Journal
,
delete "
and
"
.
On page
638
,
line
5
,
delete everything before "
to
"
.
On page
638
,
line
28
,
delete "
and that the attorneys general of
"
.
On page
638
,
delete line
29
.
On page
638
,
line
30
,
delete everything before "
and
"
.
And that as so amended said resolution be adopted.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HCR 1015 and tables the same.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration SB
107, 153, and 208 which were deferred to the 41st legislative day.
Respectfully submitted,
Steve Cutler, Chair
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 217, 218, 219, and 237 and returns the same with the recommendation that said bills do
pass.
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 88 which was deferred to the 41st legislative day.
Respectfully submitted,
Mitch Richter, Chair
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HCR
1014 and returns the same with the recommendation that said resolution be adopted.
Respectfully submitted,
Robert Roe, Chair
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HCR 1018 and returns the same with the recommendation that said
resolution be amended as follows:
t-c1018
On page
740
,
line
14 of the House Journal
,
delete "
producer-owned
"
and insert "
locally-
owned
"
.
On page
740
,
line
17
,
after "
form
"
insert "
of
"
.
On page
740
,
line
25
,
delete "
Senate
"
and insert "
House of Representatives
"
.
On page
740
,
line
26
,
delete "
House of Representatives
"
and insert "
Senate
"
.
On page
740
,
line
28
,
delete "
farmer-owned
"
and insert "
locally-owned
"
.
On page
740
,
line
33
,
delete "
farmer-owned
"
and insert "
locally-owned
"
.
On page
740
,
line
36
,
delete "
family-owned
"
and insert "
locally-owned
"
.
And that as so amended said resolution be adopted.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SCR 13 and 9 and returns the same with the recommendation that said
resolutions be concurred in.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration SCR 4 and returns the same with the recommendation that said bill be
amended as follows:
t-c4a
On page
156 of the Senate Journal
,
delete lines
15
to
32
, inclusive
,
and insert:
"
WHEREAS,
ongoing depressed prices at the marketplace for agricultural products have
created an economic emergency for rural America; and
WHEREAS,
an investigation into the causes of the crisis in the agricultural economy,
including a full investigation of market competitiveness in livestock and crops and a
reexamination of trade agreements is warranted and necessary; and
WHEREAS,
action is necessary at the federal state level to stabilize this nation's food
producers, main street businesses, and rural America as a whole:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Seventy-fourth Legislature
of the State of South Dakota, the House of Representatives concurring therein, that the South
Dakota Legislature requests the following actions by the Congress and the executive agencies
of the federal government:
(1) The establishment of an emergency price support and safety net system for all United
States agricultural products;
(2) The commencement of vigorous antitrust investigations into the concentration of
ownership in meat packing, grain handling, and retail agricultural operations;
(3) A block of the proposed Cargill-Continental Grain merger;
(4) Country-of-origin labeling of meat and meat products and a limitation of the USDA
label to United States production;
(5) Mandatory price reporting for livestock and grain;
(6) Shift the responsibility for the regulation of packers and stockyards and enforcement
of the Packers and Stockyards Act from the United States Department of Agriculture
to the Justice Department;
(7) Inspections of imported agricultural products to ensure that such products have met
standards equivalent to United States standards for food safety and environmental
and worker protection; and
(8) Actions to ensure that farm and ranch producer interests are represented at the 1999
World Trade Organization negotiations; and
BE IT FURTHER RESOLVED, that an emergency price support and safety net system be
put in place and lifted only when international and domestic markets are reformed in such a
manner that they are open, public, and competitive; and domestic prices are above the cost of
production as calculated by the United States Department of Agriculture.
"
On page
157
,
delete lines
1
to
10
, inclusive
.
T-c4t
On page
156
,
line
14 of the Senate Journal
,
delete everything after "
RESOLUTION,
"
and
insert "
Requesting certain actions by the federal government to protect the agricultural economy
of the United States.
"
.
And returns the same with the recommendation that said amended resolution be concurred
in.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HCR 1006 which was deferred to the 41st legislative day.
Respectfully submitted,
Roger Brooks, Chair
REPORTS OF CONFERENCE COMMITTEES
MR. SPEAKER:
The Conference Committee respectfully reports that it has considered HB 1053 and the
amendment thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1053 be amended as follows:
On page
2
,
delete lines
24
and
25 of the Senate engrossed bill
.
On page
3
,
delete lines
1
and
2
.
Respectfully Submitted, Respectfully Submitted,
B. MICHAEL BRODERICK, JR. DAVID R. MUNSON
DRUE J. VITTER
MIKE WILSON FRANK J. KLOUCEK
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered HB 1207 and the
amendment thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1207 be amended as follows:
On page
1
,
line
8
,
of the Senate Commerce Committee engrossed bill,
delete "
However,
the sentencing court may impose a sentence other
"
.
On page
1
,
delete lines
9
to
12
, inclusive
.
Respectfully Submitted, Respectfully Submitted,
MATTHEW MICHELS BARBARA EVERIST
J.P. DUNIPHAN DENNIS DAUGAARD
WILLIAM F. CERNY CHARLES E. FLOWERS
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered SB 130 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 130 be amended as follows:
On page 2, line 3, of the House engrossed bill, after "felony" insert "
for any third or
subsequent offense".
Respectfully submitted, Respectfully submitted,
THOMAS HENNIES FRED WHITING
DONALD E. MUNSON KENNETH D. ALBERS
MIKE WILSON GARRY MOORE
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered HB 1258 and the
amendment thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments and that no new
committee be appointed.
Respectfully Submitted, Respectfully Submitted,
WILLIAM PETERSON M. MICHAEL ROUNDS
ELMER DIEDTRICH KEITH PAISLEY
MIKE WILSON JIM HUTMACHER
House Committee Senate Committee
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to return herewith HCR 1010 and 1017 in which the Senate has concurred.
Also MR. SPEAKER:
I have the honor to return herewith HB 1229 and 1282 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
Also MR. SPEAKER:
I have the honor to return herewith HB 1038, 1147, 1163, 1164, 1260, 1283, and 1287
which have passed the Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Everist,
Albers, and Olson as a committee of three on the part of the Senate to meet with a like
committee on the part of the House to adjust the differences between the two houses on HB
1075.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 138 and 149.
Respectfully,
PATRICIA ADAM, Secretary
Rep. Wetz moved that the House do concur in Senate amendments to HB 1106.
Rep. Napoli moved as a substitute motion that the House do not concur in Senate
amendments to HB 1106 and that a committee of three on the part of the House be appointed
to meet with a like committee on the part of the Senate to adjust the differences between the two
houses.
The question being on Rep. Napoli's substitute motion that the House do not concur in
Senate amendments to HB 1106.
A roll call vote was requested and supported.
And the roll being called:
Yeas 26, Nays 43, Excused 1, Absent and Not Voting 0
Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Davis; Fiegen; Fischer-Clemens; Hagen; Haley;
Hanson; Kazmerzak; Koehn; Koetzle; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Napoli;
Patterson; Richter; Sutton (Daniel); Volesky; Waltman; Weber; Wilson
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Clark; Crisp; Cutler; Derby; Diedrich (Larry);
Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fryslie; Garnos;
Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; McCoy; McNenny; Michels;
Monroe; Munson (Donald); Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum;
Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Fitzgerald
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 on Rep. Wetz's motion that the House do concur in Senate amendments
to HB 1106.
And the roll being called:
Yeas 54, Nays 15, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Cutler;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra;
Koskan; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal;
Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Sutton (Duane); Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Burg; Cerny; Davis; Fiegen; Fischer-Clemens; Hagen; Haley; Koehn; Koetzle; Lintz; Lockner;
Lucas; Napoli; Volesky; Waltman
Excused were:
Fitzgerald
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.
SCR 12:
A CONCURRENT RESOLUTION,
Requesting the United States Congress and
certain federal agencies to require reflectors on interstate railroad cars.
Rep. Kooistra moved that SCR 12 as found on page 591 of the Senate Journal be concurred
in.
The question being on Rep. Kooistra's motion that SCR 12 be concurred in.
And the roll being called:
Yeas 46, Nays 17, Excused 3, Absent and Not Voting 4
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp;
Cutler; Davis; Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fischer-Clemens;
Fryslie; Garnos; Hagen; Hanson; Hennies; Kazmerzak; Konold; Kooistra; Lintz; Lockner;
Lucas; McIntyre; McNenny; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Roe;
Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson;
Windhorst
Nays were:
Cerny; Derby; Diedrich (Larry); Earley; Fiegen; Jaspers; Klaudt; Koskan; McCoy; Monroe;
Napoli; Peterson; Richter; Sutton (Duane); Wudel; Young; Speaker Hunt
Excused were:
Fitzgerald; Juhnke; Michels
Absent and Not Voting were:
Haley; Koehn; Koetzle; Wetz
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 12 was concurred in.
Rep. Larry Diedrich moved that the Committee on Appropriations be instructed to deliver
SB 88 to the floor of the House, pursuant to Joint Rule 7-7.
Which motion was supported and the committee was so instructed.
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that HB 1218 and 1293 were lost on
second reading and final passage.
Respectfully,
PATRICIA ADAM, Secretary
SECOND READING OF CONSENT CALENDAR ITEMS
Rep. Windhorst requested that SB 161 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
SB 54:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
review of necessity of treatment for court-ordered administration of psychotropic medication.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 54 pass as amended?"
And the roll being called:
Yeas 64, Nays 2, Excused 2, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies;
Jaspers; Kazmerzak; Koehn; 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);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker
Hunt
Nays were:
Davis; Klaudt
Excused were:
Fitzgerald; Juhnke
Absent and Not Voting were:
Haley; 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.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
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. Richard Brown moved that SB 193 be deferred until Wednesday, March 3rd, the 36th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 205:
FOR AN ACT ENTITLED, An Act to
revise the procedure for establishing the
tax levy for a school district sending students to an adjoining school district.
Was read the second time.
r-205
Rep. Broderick moved that SB 205 be amended as follows:
On page
1
,
after line
7 of the Senate Taxation committee engrossed bill
,
insert:
"
Section 2. That chapter 13-16 be amended by adding thereto a NEW SECTION to read as
follows:
If a school district that contracts pursuant to
§
13-15-11 transferred money out of its general
fund to its special education fund in the school years ending June 30, 1993, and June 30, 1994,
then the school district may at any time transfer from its special education fund to its general
fund an amount of money equal to those previous transfers from its general fund to its special
education fund.
Section 3. The provisions of section 2 of this Act are repealed on July 1, 2000.
"
Which motion prevailed and SB 205 was so amended.
The question being "Shall SB 205 pass as amended?"
And the roll being called:
Yeas 61, Nays 4, Excused 4, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lockner; McCoy; McIntyre;
McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson;
Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt
Nays were:
Klaudt; Koehn; Lintz; Lucas
Excused were:
Fitzgerald; Putnam; Windhorst; Wudel
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.
The question being on the title.
Rep. Broderick moved that the title to SB 205 be amended as follows:
On page
1
,
line
1 of the Senate Taxation committee engrossed bill
,
delete everything after
"
revise the
"
and insert "
procedures between contracting school districts.
"
.
On page
1
,
delete line
2
.
Which motion prevailed and the title was so amended.
SB 101:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
grant of a permit to construct a railroad.
Was read the second time.
Rep. Cutler moved that SB 101 be deferred until Wednesday, March 3rd, the 36th
legislative day.
Which motion prevailed and the bill was so deferred.
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.
j-111
Rep. Michels moved that SB 111 be amended as follows:
On page
1
,
delete lines
6
to
12 of the Senate Taxation committee engrossed bill
, inclusive
,
and insert "
The gross receipts of a professional employer organization are specifically subject
to the tax imposed by this chapter. However, a professional employer organization may deduct
from its taxable gross receipts its actual disbursements, including appropriate reserves, for the
wages, salaries, payroll taxes, payroll deductions, workers' compensation costs, insurance
premiums, welfare benefits, retirement benefits, and other employee benefits of its co-
employees.
"
.
On page
2
,
delete lines
2
and
3
,
and insert:
"(1) Enters into a contractual agreement with a client company to create a co-employment
relationship for the provision of payroll, benefits, and other human resources
functions;
On page
2
,
line
5
,
after "
employees
"
insert "
domiciled in South Dakota
"
.
Which motion prevailed and SB 111 was so amended.
The question being "Shall SB 111 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp;
Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; 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; Richter; Roe; Sebert; Slaughter;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Clark; Fitzgerald
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 194:
FOR AN ACT ENTITLED, An Act to
provide certain restrictions for dealership
contracts for agricultural construction equipment.
Was read the second time.
j-194h
Rep. McNenny moved that SB 194 be amended as follows:
On page
1
,
line
7 of the House Judiciary committee engrossed bill
,
after "
public
"
insert
"
. The term, dealer, does not include a single-line dealer
"
.
On page
1
,
line
12
,
after "
manufacturer
"
insert "
;
(4) "Single-line dealer," any person that has purchased seventy-five percent or more of
the dealer's total new product inventory from a single manufacturer under agreements
with that manufacturer and has a total annual average sales volume for the three
previous years with that single manufacturer in excess of fifty million dollars for the
territory for which that dealer is responsible
"
.
Which motion prevailed and SB 194 was so amended.
r-194c
Rep. Jarvis Brown moved that SB 194 be further amended as follows:
On page
3
,
after line
4 of the House Judiciary committee engrossed bill
,
insert:
"
Section 4. This Act is effective on July 1, 2000.
"
j-194i
Rep. McNenny moved as a substitute motion that SB 194 be amended as follows:
On page
1
,
line
5 of the House Judiciary committee engrossed bill
,
delete "
agricultural
"
.
On page
1
,
line
6
,
delete "
agricultural
"
.
On page
1
,
between lines
10
and
11
,
insert:
"
(3) "Machinery," any farm vehicle as defined by
§
32-3-2.4 or any off-road vehicle as
defined by subdivision 32-3-1(15);
"
On page
1
,
line
11
,
delete "
(3)
"
and insert "
(4)
"
.
On page
1
,
line
12
,
delete "
agricultural
"
.
On page
2
,
line
3
,
delete "
agricultural
"
.
On page
2
,
line
9
,
delete "
agricultural
"
.
On page
2
,
line
10
,
delete "
agricultural
"
.
On page
2
,
line
12
,
delete "
agricultural
"
.
Which motion prevailed and SB 194 was so further amended.
The question now being "Shall SB 194 pass as amended?"
And the roll being called:
Yeas 53, Nays 13, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler; Davis; Diedrich (Larry);
Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Garnos;
Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan;
Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal;
Napoli; Patterson; Pummel; Putnam; Richter; Roe; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Young; Speaker Hunt
Nays were:
Brooks; Brown (Jarvis); Chicoine; Eccarius; Fryslie; Konold; Kooistra; Monroe; Peterson;
Sebert; Slaughter; Solum; Wilson
Excused were:
Derby; Fitzgerald; Windhorst
Absent and Not Voting were:
Wudel
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. McNenny moved that the title to SB 194 be amended as follows:
On page
1
,
delete line
2 of the House Judiciary committee engrossed bill
,
and insert
"
machinery.
"
.
Which motion prevailed and the title was so amended.
SB 64:
FOR AN ACT ENTITLED, An Act to
revise, repeal, and reenact certain provisions
pertaining to persons with developmental disabilities.
Was read the second time.
Rep. Fiegen moved that SB 64 be deferred until the 41st legislative day.
The question being on Rep. Fiegen's motion that SB 64 be deferred until the 41st
legislative day.
And the roll being called:
Yeas 65, Nays 1, Excused 1, Absent and Not Voting 3
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; 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; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton
(Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Nays were:
Monroe
Excused were:
Fitzgerald
Absent and Not Voting were:
Hagen; Putnam; Richter
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.
SB 151:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
prices for residential and business local exchange service that may be charged by certain
telecommunications companies.
Was read the second time.
The question being "Shall SB 151 pass as amended?"
And the roll being called:
Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak;
Klaudt; Koehn; Koetzle; Konold; 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); Sutton (Duane); Volesky;
Waltman; Weber; Wilson; Windhorst; Speaker Hunt
Nays were:
Brooks; Brown (Jarvis); Crisp; Garnos; Kooistra; Wetz; Wudel; Young
Excused were:
Fitzgerald
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 211:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
workers' compensation.
Was read the second time.
t-211
Rep. Koetzle moved that SB 211 be amended as follows:
On page
2
,
line
15 of the House State Affairs committee engrossed bill
,
delete "
, as
"
.
On page
2
,
line
16
,
delete "
shown by clear and convincing evidence
"
.
On page
3
,
line
1
,
remove the overstrikes from "
shall be the lieutenant governor,
"
.
On page
3
,
line
1
,
delete "
are
"
.
On page
3
,
line
3
,
delete "
and has the right to vote
"
.
On page
4
,
delete lines
8
to
20
, inclusive
.
On page
8
,
line
11
,
after "
been
"
insert "
rendered or
"
.
On page
8
,
line
12
,
delete everything after "
years
"
and insert "
from the date a first report
of injury has been filed with the Department of Labor.
"
.
A roll call vote was requested and supported.
The question being on Rep. Koetzle's motion that SB 211 be amended.
And the roll being called:
Yeas 23, Nays 45, Excused 2, Absent and Not Voting 0
Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn;
Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Sutton
(Daniel); Volesky; Waltman; Weber; Wilson
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fryslie;
Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Michels;
Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum;
Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Engbrecht; Fitzgerald
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 211 pass as amended?"
And the roll being called:
Yeas 48, Nays 21, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McIntyre;
McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert;
Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Windhorst; Wudel; Young; Speaker
Hunt
Nays were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn;
Koetzle; Kooistra; Lockner; Lucas; Munson (Donald); Nachtigal; Patterson; Sutton (Daniel);
Volesky; Waltman; Wilson
Excused were:
Fitzgerald
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 238:
FOR AN ACT ENTITLED, An Act to
authorize the Public Utilities Commission
to regulate certain telecommunications services and to authorize the Bureau of Information and
Telecommunications to assist local governmental associations.
Was read the second time.
o-238d
Rep. Cutler moved that SB 238 be amended as follows:
On page
7
,
line
6 of the House State Affairs committee engrossed bill
,
delete "
and
"
and
insert "
, the association authorized by
§
13-8-10.1, and the School Administrators of South
Dakota
"
.
On page
7
,
line
7
,
delete "
local government associations
"
.
Which motion prevailed and SB 238 was so amended.
The question being "Shall SB 238 pass as amended?"
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel;
Young; Speaker Hunt
Nays were:
Crisp; Eccarius
Excused were:
Fitzgerald
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.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 88 and returns the same without recommendation.
Respectfully submitted,
Mitch Richter, Chair
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1003, 1121, 1210,
1211, and 1221 were delivered to his Excellency, the Governor, for his approval at 2:10 p.m.,
March 2, 1999.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1038, 1106, 1147, 1163, 1164, 1260, 1283, and 1287
and finds the same correctly enrolled.
Respectfully submitted,
Roger Hunt, Chair
The Speaker publicly read the title to
HB 1038:
FOR AN ACT ENTITLED, An Act to
revise the system of issuing and selling
certain licenses, permits, and stamps by agents of the Department of Game, Fish and Parks, to
repeal the reimbursement to counties for services rendered in such sales, and to provide
additional funds to the state animal damage control fund.
HB 1106:
FOR AN ACT ENTITLED, An Act to
repeal certain tax benefits available to
railroads, to revise certain provisions regarding the right of eminent domain for railroads, and
to revise the formula for assigning assessed railroad valuation to counties.
HB 1147:
FOR AN ACT ENTITLED, An Act to
authorize the construction of a new roof
on the Dakota Dome at the University of South Dakota.
HB 1163:
FOR AN ACT ENTITLED, An Act to
increase the maximum amount allowable
for the brand renewal fee.
HB 1164:
FOR AN ACT ENTITLED, An Act to
provide certain injunctive relief against
unwarranted emergency zoning ordinances, zoning maps, and other official controls.
HB 1260:
FOR AN ACT ENTITLED, An Act to
make an appropriation to provide for
certain tax refunds for elderly and disabled persons.
HB 1283:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to the
licensing and regulation of the practices of architecture, engineering, land surveying, landscape
architecture, petroleum release assessment, and petroleum release remediation and to the
certification of environmental technical services.
HB 1287:
FOR AN ACT ENTITLED, An Act to
increase the maximum amount allowable
for the livestock ownership inspection fee.
SB 60:
FOR AN ACT ENTITLED, An Act to
establish certain criteria for the state trunk
highway system.
SB 89:
FOR AN ACT ENTITLED, An Act to
clarify average daily membership in the state
aid to education formula.
SB 138:
FOR AN ACT ENTITLED, An Act to
provide limited liability for the use of
automated external defibrillators.
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.
SB 162:
FOR AN ACT ENTITLED, An Act to
increase the penalty for second convictions
for criminal pedophilia.
SB 164:
FOR AN ACT ENTITLED, An Act to
prohibit certain practices by certain
livestock packers and live poultry dealers.
SB 171:
FOR AN ACT ENTITLED, An Act to
require the suspension of driving privileges
in connection with certain acts of vandalism.
SB 172:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
disclosure of damage on motor vehicles.
SB 186:
FOR AN ACT ENTITLED, An Act to
limit the liability of certain persons for year
2000 litigation.
SB 228:
FOR AN ACT ENTITLED, An Act to
increase the penalty for certain assaults in
jails.
SB 243:
FOR AN ACT ENTITLED, An Act to
provide for the issuance of specialty license
plates and organization decals.
And signed the same in the presence of the House.
COMMEMORATIONS
HC 1012
Introduced by:
Representatives Wudel and Putnam and Senator Kloucek
A LEGISLATIVE COMMEMORATION,
Congratulating the Parkston High School girls'
volleyball team on winning the 1999 state tournament.
WHEREAS,
the Parkston High School girls' volleyball team has won the 1999 state
tournament with a 5-1 record, after accumulating a 28-5-2 record in regular season and regional
play; and
WHEREAS,
such an honor is the result of hard work, perseverance, leadership, and
cooperation; and
WHEREAS,
these are all virtues which the State of South Dakota wishes to foster and instill
in its youth;
NOW, THEREFORE, BE IT COMMEMORATED,
by the Seventy-fourth Legislature of
the State of South Dakota, that the members of the Parkston High School girls' volleyball team
and their coach, Ms. Janet Beyer-Proehl, be congratulated and recognized for their achievement.
Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at
4:26 p.m. the House adjourned.
KAREN GERDES, Chief Clerk