JOURNAL OF THE HOUSE
SIXTEENTH DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 1, 2000
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of
Allegiance led by House page Siri Mielke.
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 fifteenth 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.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration HB
1109, 1196, 1239, and 1272 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 HB
1107 and 1166 which were tabled.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration HB
1105, 1197, 1230, 1245, 1273, 1297, 1298, and 1299 which were deferred to the 36th legislative
day.
Respectfully submitted,
Steve Cutler, Chair
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration HB
1078 and returns the same with the recommendation that said bill be amended as follows:
1078dc
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"General enrollment average daily membership," the average number of resident and
nonresident kindergarten through twelfth grade pupils enrolled in all schools operated
by the school district during the previous regular school year, minus average number
of pupils for whom the district receives tuition, except pupils described in
subdivision (1A) and pupils for whom tuition is being paid pursuant to
§
13-28-42
and plus the average number of pupils for whom the district pays tuition, except
pupils for whom the district pays tuition pursuant to
§
13-28-42;
(1A)
Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership
after the student ceases to attend school in the resident district;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with a general enrollment average daily membership of two
hundred or less, multiply 1.2 times the general enrollment average daily
membership;
(b)
For districts with a general enrollment average daily membership of less than
six hundred, but greater than two hundred, raise the general enrollment
average daily membership to the 0.8293 power and multiply the result times
2.98;
(c)
For districts with a general enrollment average daily membership of six
hundred or more, multiply 1.0 times their general enrollment average daily
membership;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of
the United States Department of Labor for the year before the year immediately
preceding the year of adjustment
or three percent, whichever is less
plus the
enrollment adjustment. However, the index factor may not be less than three percent;
(3A) "Enrollment adjustment," is the negative of the annual percent change in the
statewide general enrollment average daily membership for the year before the year
immediately preceding the year of adjustment. However, the enrollment adjustment
may not be less than zero
;
(4)
"Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive,
is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student
allocation shall be $3,350 increased by the index factor. Each school fiscal year
thereafter, the per student allocation shall be the previous fiscal year's per student
allocation increased by the index factor;
(5)
"Local need," the per student allocation multiplied by the adjusted average daily
membership;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to
§
10-12-42.
Section 2. Any school district that receives revenue resulting from the enrollment adjustment
shall use the resulting revenue to increase teachers' salaries. The Department of Education and
Cultural Affairs shall certify to each school district the amount of revenue it will receive from
general state aid to education resulting from the enrollment adjustment.
Section 3. School districts shall certify to the Department of Education and Cultural Affairs
that the revenue received resulting from the enrollment adjustment is used to increase teachers'
salaries.
Section 4. That
§
13-37-35.1
be amended to read as follows:
13-37-35.1.
Terms used in chapter 13-37 mean:
(1)
"Level one disability," a mild disability;
(2)
"Level two disability," a mental retardation or emotional disorder;
(3)
"Level three disability," hearing impairment, deafness, visual impairment,
deaf-blindness, orthopedic impairment, or traumatic brain injury;
(4)
"Level four disability," autism;
(5)
"Level five disability," multiple disabilities;
(6)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of
the United States Department of Labor for the year before the year immediately
preceding the year of adjustment
or three percent, whichever is less
. However, the
index factor may not be less than three percent or greater than five percent
;
(7)
"Local effort," is the amount of taxes payable each year, using a levy for the special
education fund of a school district of one dollar and thirty-five cents per thousand
dollars of taxable valuation;
(8)
"Allocation for a student with a level one disability," for the school fiscal year
beginning July 1, 1999, is $3,504. For each school year thereafter, the allocation for
a student with a level one disability shall be the previous fiscal year's allocation for
such child increased by
the lesser of
the index factor
or three percent
;
(9)
"Allocation for a student with a level two disability," for the school fiscal year
beginning July 1, 1999, is $7,914. For each school year thereafter, the allocation for
a student with a level two disability shall be the previous fiscal year's allocation for
such child increased by
the lesser of
the index factor
or three percent
;
(10)
"Allocation for a student with a level three disability," for the school fiscal year
beginning July 1, 1999, is $10,116. For each school year thereafter, the allocation for
a student with a level three disability shall be the previous fiscal year's allocation for
such child increased by
the lesser of
the index factor
or three percent
;
(11)
"Allocation for a student with a level four disability," for the school fiscal year
beginning July 1, 1999, is $14,705. For each school year thereafter, the allocation for
a student with a level four disability shall be the previous fiscal year's allocation for
such child increased by
the lesser of
the index factor
or three percent
;
(12)
"Allocation for a student with a level five disability," for the school fiscal year
beginning July 1, 1999, is $15,808. For each school year thereafter, the allocation for
a student with a level five disability shall be the previous fiscal year's allocation for
such child increased by
the lesser of
the index factor
or three percent
;
(13)
"Child count," is the number of students in need of special education or special
education and related services according to criteria set forth in rules promulgated
pursuant to
§
§
13-37-1.1 and 13-37-46 submitted to the Department of Education and
Cultural Affairs in accordance with rules promulgated pursuant to
§
13-37-1.1;
(14)
"Resident average daily membership," the average number of resident kindergarten
through twelfth grade pupils enrolled in all schools operated by the school district
during the previous regular school year plus the average number of pupils for whom
the district pays tuition and plus the average number of resident pupils enrolled in
another school district under the provisions of
§
13-28-40;
(15)
"Nonpublic school," a sectarian organization or entity which is accredited by the
secretary of education and cultural affairs for the purpose of instructing children of
compulsory school age. This definition excludes any school that receives a majority
of its revenues from public funds;
(16)
"Nonpublic average daily membership," the average number of kindergarten through
twelfth grade pupils enrolled during the previous regular school year in all nonpublic
schools located within the boundaries of the public school district plus the average
number of children under age sixteen who are approved for alternative instruction
pursuant to
§
13-27-2 during the previous school year;
(17)
"Special education average daily membership," resident average daily membership
plus nonpublic average daily membership;
(18)
"Local need," an amount to be determined as follows:
(a)
Multiply the special education average daily membership by 0.089 and
multiply the result by the allocation for a student with a level one disability;
(b)
Multiply the number of students having a level two disability as reported on
the child count for the previous school fiscal year by the allocation for a
student with a level two disability;
(c)
Multiply the number of students having a level three disability as reported on
the child count for the previous school fiscal year by the allocation for a
student with a level three disability;
(d)
Multiply the number of students having a level four disability as reported on
the child count for the previous school fiscal year by the allocation for a
student with a level four disability;
(e)
Multiply the number of students having a level five disability as reported on
the child count for the previous school fiscal year by the allocation for a
student with a level five disability;
(f)
Sum the results of (a) through (e);
(19)
"Effort factor," the school district's special education tax levy in dollars per thousand
divided by $1.35. The maximum effort factor is 1.0.
Section 5. There is hereby created the Excess General Fund Balance Oversight Board. The
board shall consist of five members, appointed by the secretary of the Department of Education
and Cultural Affairs.
Section 6. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as
follows:
Unless the Excess General Fund Balance Oversight Board grants a waiver from the
provisions of this Act, beginning with the state aid to education distribution for the fiscal year
ending June 30, 2002, a school district's entitlement for state aid provided for in this chapter
shall be reduced by the amount by which the school district's ending general fund balance plus
any general funds transferred to the capital outlay fund in excess of five percent of the previous
year's general fund expenditures exceeds thirty percent of its general fund expenditures or two
hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school
fiscal year for which state aid to education is to be distributed.
Section 7. Any school district anticipating that its ending general fund cash balance will be
in excess of the amounts provided for in section 6 of this Act may apply to the Excess General
Fund Balance Oversight Board for a waiver from all or part of the reduction in state aid to
education provided for in section 6 of this Act. A school district applying for a waiver shall
provide the Excess General Fund Balance Oversight Board with a detailed accounting and
reasons for anticipating that the school district's ending general fund cash balance will be in
excess of the amount provided for in section 6 of this Act.
Section 8. The Excess General Fund Balance Oversight Board may grant a waiver for all or
part of the reduction in state aid to education provided for in section 6 of this Act. The board
may request additional information from a school district and shall arrive at a decision within
three weeks after receiving an application from a school district or any additional information
requested by the board.
Section 9. All decisions of the Excess General Fund Balance Oversight Board shall require
a vote of at least three members of the board.
Section 10. Any money that is reduced from a school district's entitlement as provided in
section 6 of this Act shall be deposited into the education improvement fund which is hereby
created as a special fund in the state treasury. The expenditure of any money out of the
education improvement fund requires specific approval through an enactment of the Legislature.
The Legislature may appropriate money out of the education improvement fund for the purpose
of increasing teachers' salaries.
Section 11. Any teacher who teaches in a public school in South Dakota and who has
obtained certification by the National Board for Professional Teaching Standards shall receive
a payment of one thousand dollars from the Department of Education and Cultural Affairs as
partial reimbursement for costs incurred in completing the certification process. If the teacher
does not remain a teacher in a South Dakota public school for at least three years following such
certification, the teacher shall refund the payment.
Section 12. In addition to the reimbursement provided pursuant to section 11 of this Act, any
teacher who teaches in a public school in South Dakota and who has obtained certification by
the National Board for Professional Teaching Standards shall receive a payment of two
thousand dollars per year from the Department of Education and Cultural Affairs for the
duration of the certification, not to exceed ten years. A teacher is eligible for payment under this
section only if the teacher teaches in a public school in South Dakota.
Section 13. Any teacher who teaches in a public school in South Dakota and who has
obtained certification by the National Board for Professional Teaching Standards is exempt
from any state certification renewal requirements and any other requirements for additional
academic training for the duration of the national certification.
Section 14. Sections 11, 12, and 13 of this Act are effective on July 1, 2001.
Section 15. The Department of Education and Cultural Affairs may promulgate rules
pursuant to chapter 1-26 to define general fund balances for the purposes for which the term is
used in this Act and criteria for the Excess General Fund Oversight Board to grant waivers and
to verify the certification by a school district that revenue resulting from the enrollment
adjustment is used to increase teachers' salaries.
"
1078ca
On page 4 of the pending amendment (1078dc), delete sections 5 to 7, inclusive.
On page 5, Section 6, delete "section 11" and insert "section 5".
On page 5, delete sections 8 through 10, inclusive.
On page 5, delete section 14 and insert:
" Section 8. Sections 5, 6, and 7 of this Act are effective on July 1, 2001.".
And that as so amended said bill do pass.
Respectfully submitted,
Richard “Dick” E. Brown, Chair
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1069, 1075, and 1207 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1201 which was deferred to the 36th legislative day.
Respectfully submitted,
John Koskan, Chair
Also MR. SPEAKER:
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1018 and returns the same with the recommendation that said bill be amended as follows:
1018fa
On page
1
,
line
6 of the printed bill
,
delete "
thousand twenty
"
and insert "
twenty
thousand
"
.
And that as so amended said bill do pass.
Respectfully submitted,
Mitch Richter, Chair
Also MR. SPEAKER:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1227 which was deferred to the 36th legislative day.
Respectfully submitted,
B. Michael Broderick, Jr., Chair
MR. SPEAKER:
I have the honor to transmit herewith SB 6, 77, 84, 94, 164, 165, and 203 which have
passed the Senate and your favorable consideration is respectfully requested.
Respectfully,
Patricia Adam, Secretary
HCR 1003:
A CONCURRENT RESOLUTION,
Supporting the designation of State
Highway 34 as the Veterans of Foreign Wars Memorial Highway.
Rep. Cerny moved that HCR 1003 as found on page 111 of the House Journal be adopted.
The question being on Rep. Cerny's motion that HCR 1003 be adopted.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0
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; Hagen; Haley;
Hanson; Heineman; 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; Wudel; Young; Speaker Hunt
Excused were:
Cutler
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HCR 1003 was adopted.
HCR 1010
Introduced by:
Representatives Wetz, Duenwald, Fryslie, Klaudt, McCoy,
McNenny, and Napoli and Senators Bogue, Drake, Flowers, Frederick, and Kleven
A CONCURRENT RESOLUTION,
In opposition to the listing of the black-tailed prairie dog
as a threatened or endangered species.
WHEREAS,
the black-tailed prairie dog is native to South Dakota and exists in large
numbers in the southern and western parts of the state; and
WHEREAS,
federal, state, and local government agencies and private landowners have
struggled for many years to control the prairie dog population using a variety of programs and
methods and expending significant amounts of time, effort, and both public and private funds
in these endeavors; and
WHEREAS,
in the view of large numbers of farmers, ranchers, property owners,
homeowners, and other local people and entities whose livelihoods and living conditions are
affected, the black-tailed prairie dog is a nuisance animal that is a danger to livestock and has
a detrimental effect on property; and
WHEREAS,
in March of 1999, the U.S. Fish and Wildlife Service, based on a petition from
the National Wildlife Federation, placed the black-tailed prairie dog under status review to
determine whether the species will be proposed for listing as a threatened or endangered species;
and
WHEREAS,
the listing of the black-tailed prairie dog would obviously run counter to the
efforts to control the black-tailed prairie dog by private and public persons and entities,
including numerous federal agencies; and
WHEREAS,
although black-tailed prairie dogs are declining in some areas due to habitat
loss, eradication efforts, and sylvatic plague, they are plentiful in other areas, and pose
difficulties for landowners and residents in these areas; and
WHEREAS,
listing of the black-tailed prairie dog as a threatened or endangered species will
curtail control efforts in all areas, regardless of whether or not the species is threatened or
plentiful in a given area; and
WHEREAS,
the changing federal policy with respect to animals that were until recently
handled as nuisance animals leaves landowners and residents exasperated and frustrated and
unsure of the policy alternatives available to them:
NOW, THEREFORE, BE IT RESOLVED,
by the House of Representatives of the Seventy-
fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature opposes the listing of the black-tailed prairie dog as a threatened or
endangered species in South Dakota and urges the U.S. Fish and Wildlife Service to consider
whether the petition to list the black-tailed prairie dog presents substantial scientific and
commercial information to demonstrate that the proposed action is warranted; and
BE IT FURTHER RESOLVED,
that the Legislature encourages the U.S. Fish and Wildlife
Service to coordinate with private landowners and business representatives to identify
reasonable conservation measures for the black-tailed prairie dog and to include private
landowners and business representatives in the agency's decision-making processes.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
The following resolutions have had their first reading and the Speaker assigned them to the
following committees:
SCR 1 was referred to the Committee on Agriculture and Natural Resources.
SCR 2 was referred to the Committee on Transportation.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Smidt moved that the reports of the Standing Committees on
Judiciary on SB 21 as found on pages 298 and 299 of the House Journal; also
State Affairs on HB 1241 as found on pages 299 and 300 of the House Journal; also
State Affairs on HB 1256 as found on page 300 of the House Journal; also
State Affairs on HB 1290 as found on pages 300 and 301 of the House Journal; also
Transportation on HB 1116 as found on page 305 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1187:
FOR AN ACT ENTITLED, An Act to
clarify the time of filing petitions for
adoption.
Was read the second time.
The question being "Shall HB 1187 pass?"
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0
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; Hagen; Haley;
Hanson; Heineman; 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; Wudel; Young; Speaker Hunt
Excused were:
Cutler
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1028:
FOR AN ACT ENTITLED, An Act to
permit the provision of certain drugs and
drug samples by physician assistants, nurse practitioners, and nurse midwives.
Was read the second time.
1028jc
Rep. Broderick moved that HB 1028 be amended as follows:
On page
2
,
line
11 of the printed bill
,
delete "
a limited supply of
"
.
On page
2
,
line
12
,
overstrike "
including
"
and insert "
for a period of seventy-two hours,
except for
"
.
On page
2
,
line
12
,
after "
34-20B
"
insert "
which may by prescribed or provided
"
.
On page
2
,
line
14
,
after "
relief
"
insert "
of acute conditions
"
.
On page
2
,
line
18
,
after "
record
"
insert "
. The time limits of this subdivision do not apply
to drug samples provided to indigents as defined in
§
28-13-1.1
"
.
On page
4
,
line
22
,
delete "
a limited supply
"
.
On page
4
,
line
22
,
overstrike "
of
"
.
On page
4
,
line
23
,
overstrike "
including
"
and insert "
for a period of seventy-two hours,
except for
"
.
On page
4
,
line
24
,
after "
34-20B
"
insert "
which may be prescribed or provided
"
.
On page
4
,
line
25
,
after "
symptoms
"
insert "
of acute conditions
"
.
On page
5
,
line
2
,
after "
record
"
insert "
. The time limits of this subdivision do not apply
to drug samples provided to indigents as defined in
§
28-13-1.1
"
.
On page
5
,
line
17
,
delete "
a limited supply
"
.
On page
5
,
line
17
,
overstrike "
of
"
.
On page
5
,
line
19
,
overstrike "
including
"
and insert "
for acute conditions, for a period of
seventy-two hours, except for
"
.
On page
5
,
line
20
,
after "
34-20B
"
insert "
which may be prescribed or provided
"
.
On page
5
,
line
23
,
after "
record.
"
insert "
The time limits of this subdivision do not apply
to drug samples provided to indigents as defined in
§
28-13-1.1.
"
.
Which motion lost.
The question being "Shall HB 1028 pass as amended?"
And the roll being called:
Yeas 62, Nays 7, Excused 0, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Heineman;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz;
Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal;
Patterson; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton
(Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Derby; Engbrecht; Garnos; Monroe; Napoli; Pummel; Solum
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.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1126 and 1179 and returns the same with the recommendation that said bills
do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1140 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 Local Government respectfully reports that it has had under
consideration HB 1117 and returns the same with the recommendation that said bill be amended
as follows:
1117fa
On page
1
,
line
9 of the printed bill
,
delete "
assess
"
and insert "
charge
"
.
On page
1
,
line
9
,
after "
owner
"
insert "
except by special assessment
"
.
On page
1
,
line
15
,
delete "
assess
"
and insert "
charge
"
.
On page
1
,
line
16
,
after "
owner
"
insert "
except by special assessment
"
.
1117fta
On page
1
,
line
2 of the printed bill
,
delete "
assess
"
and insert "
charge
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1215 and returns the same with the recommendation that said bill be amended
as follows:
1215fa
On page
2
,
line
21 of the printed bill
,
after "
entities
"
insert "
, provided that any officer
specified in
§
6-1-1 does not receive compensation or payment from either entity as a result of
the contract or agreement
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1293 and returns the same with the recommendation that said bill be amended
as follows:
1293fa
On page
1
,
line
12 of the printed bill
,
delete "
next
"
and insert "
last
"
.
On page
1
,
line
13
,
delete "
such
"
and insert "
the last
"
.
On page
1
,
line
13
,
after "
by
"
insert "
the
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1122 and returns the same with the recommendation that said bill be amended
as follows:
1122ra
On page
1
,
line
8 of the printed bill
,
after "
sheriff
"
insert "
, if the removal occurred outside
any municipality, or to the chief of police, if the removal occurred inside any municipality,
"
.
1122fta
On page
1
,
line
1 of the printed bill
,
after "
sheriff
"
insert "
or chief of police
"
.
And that as so amended said bill do pass and be placed on the Consent Calendar.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1157 which was deferred to the 36th legislative day.
Respectfully submitted,
J.P. Duniphan, Chair
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1004 and returns the same with the recommendation that said
resolution be amended as follows:
c1004ta
On page
129
,
line
29 of the House Journal
,
delete "
can and
"
.
On page
129
,
line
30
,
delete everything after "
should
"
and insert "
be an asset for our
nation; and
"
.
On page
129
,
delete lines
31
to
34
, inclusive
,
and insert:
"
WHEREAS,
net cash income for 2000 is projected by the U.S. Department of Agriculture
to be $49.7 billion, which is $9.4 billion less than 1999; and
WHEREAS,
the prices paid for farm commodities have been depressed for the past several
years; and
WHEREAS,
U.S. agricultural exports have declined $10 billion from the record levels of
1996; and
WHEREAS,
U.S. farmers and ranchers need profitable export and domestic markets:
NOW, THEREFORE, BE IT RESOLVED,
by the House of Representatives of the Seventy-
fifth Legislature of the State of South Dakota, the Senate concurring therein, that the United
States Congress and federal administration are urged to schedule hearings regarding the best
methods of increasing net farm income. Topics should include expanded open and competitive
markets, commodity deflation, risk management, federal government rules and regulations, and
the farm bill.
"
On page
130
,
delete lines
1
to
13
, inclusive
.
C1004tta
On page
129
,
line
27 of the House Journal
,
delete everything after "
Congress
"
and insert
"
to schedule hearings to increase net farm income and improve living conditions in rural
America.
"
On page
129
,
delete line
28
.
And that as so amended said resolution be adopted.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1005 and returns the same with the recommendation that said
resolution be amended as follows:
c1005ta
On page
129
,
line
19 of the House Journal
,
delete everything after "
Baker,
"
and insert "
and
the U.S. Congress are urged to prohibit packers from controlling, feeding, or owning
"
.
On page
129
,
line
20
,
delete "
beneficial
"
and insert "
sufficient
"
.
On page
129
,
line
21
,
delete "
is
"
and insert "
are
"
.
On page
129
,
line
21
,
after "
slaughter.
"
insert "
Packers currently feeding livestock should
have a reasonable length of time to divest themselves of their livestock feeding enterprises.
"
.
C1005tta
On page
129
,
line
1 of the House Journal
,
after "
Administration
"
insert "
and Congress
"
.
And that as so amended said resolution be adopted.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1007 and returns the same with the recommendation that said
resolution be amended as follows:
c1007ta
On page
193
,
line
21 of the House Journal
,
delete "
fourth
"
and insert "
fifth
"
.
And that as so amended said resolution be adopted.
Also MR. SPEAKER:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HCR 1009 and returns the same with the recommendation that said
resolution not be adopted.
Respectfully submitted,
Kenneth Wetz, Vice Chair
There being no objection, the House proceeded to Order of Business No. 14.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 6:
FOR AN ACT ENTITLED, An Act to
provide for the increase of Class A employee
and employer contributions to the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
SB 77:
FOR AN ACT ENTITLED, An Act to
regulate a manufacturer's right of first
refusal.
Was read the first time and referred to the Committee on Commerce.
SB 84:
FOR AN ACT ENTITLED, An Act to
regulate the ownership of motor vehicle
dealerships.
Was read the first time and referred to the Committee on Commerce.
SB 94:
FOR AN ACT ENTITLED, An Act to
revise the procedure for the combined
description of lots or tracts assessed to the same person in the same block for tax purposes.
Was read the first time and referred to the Committee on Taxation.
SB 164:
FOR AN ACT ENTITLED, An Act to
establish qualifications for substitute
teachers.
Was read the first time and referred to the Committee on Education.
SB 165:
FOR AN ACT ENTITLED, An Act to
allow a farm winery to hold an on-sale
retail license.
Was read the first time and referred to the Committee on Taxation.
SB 203:
FOR AN ACT ENTITLED, An Act to
provide for highway signs denominating
South Dakota as the Home of the Great Sioux Nations.
Was read the first time and referred to the Committee on Transportation.
The following bills have had their first reading and the Speaker assigned them to the
following committees:
SB 17 was referred to the Committee on Retirement Laws.
SB 19 was referred to the Committee on Retirement Laws.
SB 71 was referred to the Committee on Education.
SB 78 was referred to the Committee on Commerce.
SB 138 was referred to the Committee on Agriculture and Natural Resources.
SB 172 was referred to the Committee on Education.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
Speaker Pro tempore Eccarius now presiding.
HB 1076:
FOR AN ACT ENTITLED, An Act to
increase certain state sales and use taxes,
to repeal certain municipal sales and use taxes, and to replace the municipal revenue lost from
certain sales and use taxes.
Was read the second time.
Speaker Hunt now presiding.
The question being "Shall HB 1076 pass?"
And the roll being called:
Yeas 6, Nays 63, Excused 1, Absent and Not Voting 0
Yeas were:
Burg; Fitzgerald; Koskan; McIntyre; Munson (Donald); Napoli
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz;
Lockner; Lucas; McCoy; McNenny; Michels; Monroe; Nachtigal; Patterson; Peterson; Pummel;
Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Excused were:
Clark
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
There being no objection, the House reverted to Order of Business No. 5.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1133 and returns the same with the recommendation that said bill be amended as follows:
1133ja
On page
1 of the printed bill
,
delete lines
10
to
13
, inclusive
,
and insert:
"
(3) "Medical literature," a published scientific study in a journal or other publication in
which original manuscripts have been published only after critical review for
scientific accuracy, validity, and reliability by unbiased independent experts and a
determination by the International Committee of Medical Journal Editors that it
meets the Uniform Requirements for Manuscripts submitted to biomedical journals.
The term, medical literature, does not include a publication or a supplement to a
publication that is sponsored to a significant extent by a pharmaceutical
manufacturing company or health carrier;
"
On page
2
,
line
3
,
after "
labeling
"
insert "
;
(6) "Drug," any substance prescribed by a licensed health care provider acting within the
scope of the provider's license and that is intended for use in the diagnosis,
mitigation, treatment, or prevention of disease and is taken by mouth; injected into
a muscle, the skin, a blood vessel, or cavity of the body; applied to the skin; or
otherwise assimilated by the body. The term, drug, includes only those substances
that are approved by the FDA for at least one indication
"
.
On page
2
,
delete lines
22
and
23
,
and insert:
"
Section 6. The following drugs or services are not subject to coverage under section 2 of
this Act:
(1) Any drug that is used in research trials sponsored by the manufacturer of that drug
or a governmental entity; or
(2) Any drug or service furnished in a research trial, if the sponsor of the research trial
furnishes the drug or service without charge to any participant in the research trial.
"
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1154 and returns the same with the recommendation that said bill be amended as follows:
1154ja
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 36-27A be amended by adding thereto a NEW SECTION to read
as follows:
The Board of Examiners of Psychologists may issue a provisional license not to exceed
twelve months in duration to an applicant who is completing the one-year supervised
postdoctoral psychological experience if the applicant has satisfied the requirements of
subdivisions 36-27A-12(1) and (2) and has completed the supervised psychological internship
as specified in subdivision 36-27A-12(3).
"
1154jta
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
provide for the
provisional licensure of psychologists during the one-year supervised postdoctoral
psychological experience.
"
.
On page
1
,
delete line
2
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1185 and returns the same with the recommendation that said bill be amended as follows:
1185jb
On page
1
,
line
8 of the printed bill
,
delete everything after "
58-17-88
"
and insert "
.
"
.
On page
1
,
delete lines
9
and
10
.
1185ja
On page
1
,
line
7 of the printed bill
,
after "
58-17-54,
"
insert "
58-17-55,
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1253 and returns the same with the recommendation that said bill be amended as follows:
1253jc
On page
1
,
line
8 of the printed bill
,
after "
consumer
"
insert "
in writing
"
.
1253jb
On page
1
,
line
16 of the printed bill
,
overstrike "
and
"
.
On page
2
,
line
3
,
before "
.
"
insert:
"
;
(3) Charges for property insurance as required by section 1 of this Act; and
(4) The amount actually paid or to be paid by the creditor pursuant to an agreement with
the consumer to discharge a security interest, lien interest, or lease interest on the
property traded in
"
.
1253jta
On page
1
,
line
2 of the printed bill
,
after "
contracts
"
insert "
and to allow charges for
amounts related to the discharge of certain interests on property traded in
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1188 and returns the same with the recommendation that said bill be amended as follows:
1188ja
On page
2
,
line
8 of the printed bill
,
after "
or
"
insert "
with written authorization,
"
.
On page
2
,
after line
21
,
insert:
"
Section 3. That
§
32-5-2
be amended to read as follows:
32-5-2.
Every owner
, or with written authorization, any other person as defined by
subdivision 2-14-2(18) on behalf of and as the agent for the owner,
of a motor vehicle,
motorcycle, truck tractor, road tractor, trailer or semitrailer, or recreational vehicle or trailer,
which is operated or driven upon the public highways of this state, shall, except as otherwise
expressly provided, present to the county treasurer of
his
the owner's
county, or, in case of a
nonresident of this state, the treasurer of any county, application for the registration of that
vehicle. The application form shall be furnished by the department and shall contain but not be
limited to the following information:
(1)
The number of cylinders or the bore and stroke of each cylinder;
(2)
The manufacturer's weight;
(3)
Whether the vehicle operates on diesel fuel, liquified petroleum gas, gasoline, or any
other special fuel;
(4)
The make, model, body, year, color, and vehicle identification number of the vehicle;
(5)
The odometer reading; and
(6)
The purchase price and the name and address of the seller, buyer, and lienholder, if
any.
Any person who fails to provide the above information to the county treasurer or the
department is guilty of a Class 2 misdemeanor. The department or the county treasurer may not
accept an incomplete application form or an application form which the department considers
erroneous.
"
And that as so amended said bill do pass and be placed on the Consent Calendar.
Respectfully submitted,
Robert A. Roe, Chair
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1108:
FOR AN ACT ENTITLED, An Act to
revise certain planning and zoning
provisions.
Was read the second time.
Rep. Crisp moved that HB 1108 be deferred until Wednesday, February 2nd, the 17th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1150:
FOR AN ACT ENTITLED, An Act to
clarify the definition of value added
agriculture.
Was read the second time.
The question being "Shall HB 1150 pass as amended?"
And the roll being called:
Yeas 57, Nays 13, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fischer-
Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Kazmerzak;
Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre;
Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Sebert; Slaughter;
Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel;
Speaker Hunt
Nays were:
Derby; Diedrich (Larry); Earley; Eccarius; Fitzgerald; Jaspers; McNenny; Michels; Napoli;
Richter; Roe; Smidt; Young
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1236:
FOR AN ACT ENTITLED, An Act to
establish the South Dakota teacher
incentive student loan repayment program and to make an appropriation therefor.
Was read the second time.
Rep. Juhnke requested a fiscal note on HB 1236.
Which request was supported.
Speaker Pro tempore Eccarius now presiding.
HB 1156:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions relating to the
deferred compensation fund for public employees.
Was read the second time.
The question being "Shall HB 1156 pass?"
And the roll being called:
Yeas 49, Nays 21, Excused 0, Absent and Not Voting 0
Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Crisp; Cutler; Derby; Diedrich
(Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos;
Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan;
Lintz; McCoy; McNenny; Michels; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert;
Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Apa; Broderick; Burg; Cerny; Davis; Diedtrich (Elmer); Fischer-Clemens; Hagen; Haley;
Hanson; Koetzle; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson;
Sutton (Daniel); Volesky; Waltman
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1112:
FOR AN ACT ENTITLED, An Act to
authorize a merchant to detain certain
persons who are under legal age and who have illegally purchased, attempted to purchase, or
possess alcoholic beverages or tobacco products.
Was read the second time.
The question being "Shall HB 1112 pass?"
And the roll being called:
Yeas 49, Nays 19, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fitzgerald; Fryslie; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kooistra;
Koskan; Lintz; Lockner; McCoy; McIntyre; Munson (Donald); Peterson; Pummel; Putnam;
Richter; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber;
Wetz; Wudel; Young; Speaker Hunt
Nays were:
Burg; Clark; Fischer-Clemens; Garnos; Haley; Kazmerzak; Klaudt; Koehn; Koetzle; Konold;
Lucas; McNenny; Michels; Monroe; Napoli; Patterson; Sebert; Waltman; Wilson
Excused were:
Nachtigal
Absent and Not Voting were:
Fiegen
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1144:
FOR AN ACT ENTITLED, An Act to
allow for the award of reasonable
attorney fees in certain legal proceedings.
Was read the second time.
The question being "Shall HB 1144 pass?"
And the roll being called:
Yeas 54, Nays 11, Excused 3, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke;
Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson
(Donald); Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Sutton (Duane); Volesky; Weber; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Burg; Cerny; Fitzgerald; Kazmerzak; Klaudt; Koetzle; Koskan; Monroe; Napoli; Waltman;
Wetz
Excused were:
Clark; Nachtigal; Richter
Absent and Not Voting were:
Fiegen; Michels
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1195:
FOR AN ACT ENTITLED, An Act to
restrict contact between defendant and
victim after the commission of assault or stalking.
Was read the second time.
1195ra
Rep. Hunt moved that HB 1195 be amended as follows:
On page
1
,
line
4 of the printed bill
,
delete "
have or be
"
and
insert "
initiate
"
.
On page
1
,
line
5
,
delete "
permitted
"
.
Which motion lost.
The question being "Shall HB 1195 pass?"
And the roll being called:
Yeas 61, Nays 5, Excused 2, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer-
Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers;
Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy;
McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel;
Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky;
Waltman; Weber; Wetz; Wilson; Wudel; Young
Nays were:
Duenwald; Koehn; Lintz; Napoli; Speaker Hunt
Excused were:
Brown (Jarvis); Richter
Absent and Not Voting were:
Fiegen; Michels
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1030:
FOR AN ACT ENTITLED, An Act to
define the duties of a motor carrier
enforcement officer and to revise certain provisions regarding motor carrier inspectors.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1030 pass as amended?"
And the roll being called:
Yeas 68, Nays 0, Excused 1, 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley;
Hanson; Heineman; 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; Sebert; Slaughter;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Wudel; Young; Speaker Hunt
Excused were:
Richter
Absent and Not Voting were:
Roe
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1127:
FOR AN ACT ENTITLED, An Act to
authorize the assignment of health
insurance proceeds to health care providers.
Was read the second time.
The question being "Shall HB 1127 pass as amended?"
And the roll being called:
Yeas 59, Nays 10, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler;
Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fischer-Clemens;
Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Kazmerzak; Klaudt;
Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny;
Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Putnam; Roe;
Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber;
Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Clark; Crisp; Derby; Duniphan; Earley; Fiegen; Fitzgerald; Jaspers; Kooistra; Peterson
Excused were:
Richter
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1190:
FOR AN ACT ENTITLED, An Act to
repeal the specific time period that an
insurance agent involved in certain crimes must wait before seeking licensure.
Was read the second time.
The question being "Shall HB 1190 pass as amended?"
And the roll being called:
Yeas 34, Nays 35, Excused 1, Absent and Not Voting 0
Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich
(Larry); Diedtrich (Elmer); Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak;
Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson;
Peterson; Roe; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wilson
Nays were:
Apa; Broderick; Brooks; Cerny; Clark; Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Klaudt; Koehn; Koskan; Lintz;
McCoy; McNenny; Michels; Monroe; Napoli; Pummel; Putnam; Richter; Slaughter; Weber;
Wetz; Wudel; Young; Speaker Hunt
Excused were:
Smidt
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Fischer-Clemens announced her intention to reconsider the vote by which HB 1190
was lost.
HB 1111:
FOR AN ACT ENTITLED, An Act to
prohibit an adult from purchasing
alcoholic beverages for anyone under the age of twenty-one and to establish a penalty.
Was read the second time.
1111rb
Rep. Hennies moved that HB 1111 be amended as follows:
On page
1
,
line
6 of the House Judiciary committee engrossed bill
,
delete "
Class 1
"
and
insert "
Class 2
"
.
A roll call vote was requested and supported.
The question being on Rep. Hennies' motion that HB 1111 be amended.
And the roll being called:
Yeas 49, Nays 19, Excused 2, Absent and Not Voting 0
Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Derby; Diedrich
(Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Fischer-Clemens; Fryslie; Garnos;
Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Koehn; Konold; Kooistra;
Lintz; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel;
Putnam; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Waltman; Weber; Wetz; Wilson;
Wudel; Young
Nays were:
Apa; Broderick; Brooks; Clark; Earley; Engbrecht; Fiegen; Fitzgerald; Juhnke; Klaudt; Koskan;
McCoy; McNenny; Michels; Munson (Donald); Richter; Sutton (Duane); Volesky; Speaker
Hunt
Excused were:
Koetzle; Smidt
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and HB 1111 was so amended.
The question being "Shall HB 1111 pass as amended?"
And the roll being called:
Yeas 60, Nays 8, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; Michels; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam;
Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber;
Wetz; Wudel; Young; Speaker Hunt
Nays were:
Diedrich (Larry); Klaudt; Koehn; McNenny; Munson (Donald); Patterson; Waltman; Wilson
Excused were:
Koetzle; 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.
HB 1142:
FOR AN ACT ENTITLED, An Act to
increase the penalty for persons under
the age of twenty-one to illegally purchase, attempt to purchase, possess, or consume alcoholic
beverages.
Was read the second time.
1142rb
Rep. Hennies moved that HB 1142 be amended as follows:
On page
1
,
line
5 of the House Judiciary committee engrossed bill
,
remove the overstrikes
from "
Class 2
"
.
On page
1
,
line
5
,
delete "
Class 1
"
.
On page
1
,
line
8
,
delete "
Class 1
"
and insert "
Class 2
"
.
Which motion lost.
The question being "Shall HB 1142 pass as amended?"
And the roll being called:
Yeas 35, Nays 34, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedtrich
(Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos;
Hagen; Hanson; Juhnke; Kazmerzak; Koetzle; Koskan; Lockner; Patterson; Richter; Sebert;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wilson
Nays were:
Brown (Richard); Clark; Cutler; Diedrich (Larry); Duenwald; Earley; Haley; Heineman;
Hennies; Jaspers; Klaudt; Koehn; Konold; Kooistra; Lintz; Lucas; McCoy; McIntyre;
McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Roe;
Slaughter; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt
Excused were:
Michels
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1206:
FOR AN ACT ENTITLED, An Act to
prohibit the possession of certain
highway markers, signs, or control devices.
Was read the second time.
The question being "Shall HB 1206 pass as amended?"
And the roll being called:
Yeas 40, Nays 29, Excused 0, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Davis; Derby; Diedrich
(Larry); Diedtrich (Elmer); Duniphan; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Hanson;
Heineman; Hennies; Juhnke; Koetzle; Konold; Lockner; McCoy; McIntyre; Michels; Munson
(Donald); Pummel; Richter; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Weber;
Wetz; Wilson; Wudel; Speaker Hunt
Nays were:
Crisp; Cutler; Duenwald; Earley; Eccarius; Fryslie; Garnos; Hagen; Haley; Jaspers; Kazmerzak;
Klaudt; Koehn; Kooistra; Koskan; Lintz; Lucas; McNenny; Monroe; Nachtigal; Napoli;
Patterson; Peterson; Putnam; Roe; Smidt; Volesky; Waltman; Young
Absent and Not Voting were:
Brown (Richard)
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1099:
FOR AN ACT ENTITLED, An Act to
clarify certain provisions relating to the
privileges of doctors of chiropractic.
Was read the second time.
The question being "Shall HB 1099 pass?"
And the roll being called:
Yeas 51, Nays 19, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Fischer-Clemens; Fitzgerald;
Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle;
Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Nachtigal;
Napoli; Patterson; Pummel; Putnam; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Brooks; Clark; Crisp; Cutler; Duniphan; Earley; Eccarius; Fiegen; Heineman; Jaspers; Juhnke;
Konold; Michels; Munson (Donald); Peterson; Richter; Roe; Sebert; Solum
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1309:
FOR AN ACT ENTITLED, An Act to
revise the licensure renewal date for
chiropractors and to authorize a fee to defray the costs of peer review established by the Board
of Chiropractic Examiners.
Was read the second time.
1309fa
Rep. Peterson moved that HB 1309 be amended as follows:
On page
1
,
delete lines
15
to
17 of the printed bill
, inclusive
.
On page
2
,
delete lines
1
to
17
, inclusive
.
Which motion prevailed and HB 1309 was so amended.
The question being "Shall HB 1309 pass as amended?"
And the roll being called:
Yeas 67, Nays 3, Excused 0, 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); Duniphan; Eccarius; Engbrecht;
Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman;
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;
Wudel; Young; Speaker Hunt
Nays were:
Clark; Duenwald; Earley
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.
1309fta
Rep. Peterson moved that the title to HB 1309 be amended as follows:
On page
1
,
line
1 of the printed bill
,
delete "
and
"
and insert "
.
"
.
On page
1
,
delete lines
2
and
3
.
Which motion prevailed and the title was so amended.
HB 1174:
FOR AN ACT ENTITLED, An Act to
revise the provisions on the liability of
adjoining property owners for failure to repair or maintain sidewalks.
Was read the second time.
The question being "Shall HB 1174 pass?"
And the roll being called:
Yeas 46, Nays 22, Excused 1, Absent and Not Voting 1
Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fischer-
Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koetzle; Konold;
Kooistra; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Peterson; Pummel; Roe;
Sebert; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Wudel; Speaker
Hunt
Nays were:
Apa; Cutler; Earley; Eccarius; Fiegen; Fitzgerald; Heineman; Jaspers; Klaudt; Koehn; Koskan;
McCoy; McNenny; Monroe; Munson (Donald); Napoli; Putnam; Richter; Smidt; Sutton
(Duane); Wetz; Young
Excused were:
Fryslie
Absent and Not Voting were:
Michels
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.
Speaker Hunt now presiding.
HB 1192:
FOR AN ACT ENTITLED, An Act to
allow law enforcement agencies to report
certain violations of law and threats made by a student.
Was read the second time.
The question being "Shall HB 1192 pass?"
And the roll being called:
Yeas 68, Nays 1, Excused 0, 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; Fitzgerald; Fryslie; Garnos; Hagen; Haley;
Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra;
Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald);
Nachtigal; Napoli; 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:
Monroe
Absent and Not Voting were:
Koehn
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1216:
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to
easements from isolated tracts of land to public highways.
Was read the second time.
The question being "Shall HB 1216 pass?"
And the roll being called:
Yeas 19, Nays 49, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Chicoine; Derby; Duniphan; Fischer-Clemens; Fitzgerald; Juhnke; Klaudt;
Konold; McCoy; Monroe; Napoli; Pummel; Sebert; Solum; Volesky; Wetz; Wilson
Nays were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler; Davis; Diedrich
(Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fryslie; Garnos; Hagen;
Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Koetzle; Kooistra; Koskan; Lintz;
Lockner; Lucas; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson;
Peterson; Putnam; Richter; Roe; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Waltman;
Weber; Wudel; Young; Speaker Hunt
Excused were:
Eccarius
Absent and Not Voting were:
Koehn
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1238:
FOR AN ACT ENTITLED, An Act to
provide that a temporary restraining order
may extend beyond thirty days in certain circumstances.
Was read the second time.
The question being "Shall HB 1238 pass?"
And the roll being called:
Yeas 68, Nays 1, Excused 1, 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;
Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Heineman; 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; Wilson;
Wudel; Young; Speaker Hunt
Nays were:
Wetz
Excused were:
Eccarius
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 Legislative Procedure respectfully reports that HB 1013, 1024, and
1027 were delivered to his Excellency, the Governor, for his approval at 2:25 p.m., February
1, 2000.
Respectfully submitted,
Roger W. Hunt, Chair
HC 1009
Introduced by:
Representatives Brown (Richard), Brown (Jarvis), Cutler,
Diedtrich (Elmer), Duenwald, Garnos, Koehn, Lintz, Monroe, Putnam, Slaughter, Sutton
(Daniel), Sutton (Duane), Waltman, and Wudel and Senators Everist, Dennert, Drake, Kloucek,
Lange, Lawler, Rounds, and Vitter
A LEGISLATIVE COMMEMORATION,
Commending and honoring the 1998-99 Outstanding
School Administrators of South Dakota: Dr. Tim Creal, New Underwood; Virgil Binfet,
Retired, Mobridge; Luther Schumacher, Aberdeen; Dennis Germann, Madison; Dan
Elwood, Pierre; and Rick Klawiter, Tyndall, for being named outstanding administrators
by their respective administrator parent groups.
WHEREAS,
these administrators have been elected by their peers for outstanding service
and dedication to education; and
WHEREAS,
the combined years of service to the people of South Dakota and to the
children and youth of South Dakota of these six educational administrators is one hundred and
sixty-eight years; and
WHEREAS,
each of these educators has demonstrated a sincere interest in our children and
superior skills in their chosen field of educational administration:
NOW, THEREFORE, BE IT COMMEMORATED,
by the Seventy-fifth Legislature of the
State of South Dakota, that Dr. Tim Creal, School Superintendents' Association; Virgil Binfet,
Business Officials' Association; Luther Schumacher, Elementary School Principals' Association;
Dennis Germann, Secondary School Principals' Association; Dan Elwood, Supervision and
Curriculum Development Association; and Rick Klawiter, South Dakota Council of
Administrators of Special Education, are named as official representatives of the School
Administrators of South Dakota and are encouraged to continue their efforts to improve the
educational opportunities for the citizens of the state.
HC 1010
Introduced by:
Representatives Munson (Donald) and Michels and Senator
Moore
A LEGISLATIVE COMMEMORATION,
Congratulating Yankton High School on its one
hundred twenty-fifth anniversary.
WHEREAS,
the Yankton School District was founded by the Dakota Territorial Assembly
with the first organizing school board meeting held on February 2, 1875; and
WHEREAS,
the Yankton High School was the first organized high school in the Dakota
Territory and was the first high school in South Dakota to be accredited by the North Central
Accreditation Association; and
WHEREAS,
the Yankton School District has strived to optimize student potential for
success in a global society by installing multimedia computers for instruction with connections
to the Internet and by using the local area network and the wide area network to enhance
communication between students, staff, and parents; and
WHEREAS,
a strong tradition of excellence in academics, activities, and athletics has
resulted from a community belief in the future welfare of its children:
NOW, THEREFORE, BE IT COMMEMORATED,
by the Seventy-fifth Legislature of the
State of South Dakota, that the Yankton School District be honored on the occasion of its one
hundred and twenty-fifth anniversary on February 2, 2000.
Rep. Fryslie moved that the House do now adjourn, which motion prevailed, and at 5:32
p.m. the House adjourned.
Karen Gerdes, Chief Clerk