JOURNAL OF THE HOUSE

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EIGHTEENTH DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 3, 2000

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Jeremy Kasperson.

     Roll Call: All members present except Rep. Smidt who was excused.

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 seventeenth 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.

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MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1260 and returns the same with the recommendation that said bill be amended as follows:

1260ta

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 41-6-10 be amended to read as follows:

     41-6-10.   Licenses, permits, and stamps issued under this title are classified as follows:

             (1)      Disabled hunter permit;

             (2)      Export bait dealer license;

             (2A)      Fall three-day temporary nonresident waterfowl license;

             (3)      Fur dealer's license;

             (4)      Hoop net, trap or setline license;

             (5)      License for breeding and domesticating animals and birds;

             (6)      License to take fur-bearing animals;

             (7)      Nonresident big game license;

             (8)      Nonresident fishing license;

             (9)      Nonresident predator/varmint license;

             (10)      Repealed by SL 1999, ch 213, §   3.

             (11)      Nonresident retail bait dealer license;

             (12)      Nonresident shooting preserve license;

             (13)      Nonresident small game license;

             (14)      Nonresident and resident migratory bird certification permit;

             (15)      Nonresident wholesale bait dealer license;

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             (16)      Nonresident wild turkey license;

             (17)      Nursing facility group fishing license;

             (18)      Park user's license;

             (19)      Permit for transportation of big game animal;

             (20)      Private fish hatchery license;

             (21)      Resident big game license;

             (22)      Resident elk license;

             (23)      Resident fishing license and resident senior fishing license;

             (24)      Repealed by SL 1999, ch 213, §   3.

             (25)      Resident retail bait dealer license;

             (26)      Resident small game license and resident youth small game license;

             (27)      Resident predator/varmint license;

             (28)      Resident wholesale bait dealer license;

             (29)      Resident wild turkey license;

             (30)      Scientific collector's license;

             (31)      Special nonresident waterfowl license;

             (32)      Repealed by SL 1999, ch 213, §   3.

             (33)      Taxidermist's license;

             (33A)      Spring five-day snow goose temporary nonresident waterfowl license;

             (33B)    Early fall Canada goose temporary nonresident license;

             (34)      Temporary fishing and hunting licenses.

     The rights and privileges of such licensees are set forth in § § 41-6-12 to 41-6-45.1, inclusive, and in § 41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses.

     Section 2. That § 41-6-18.1 be amended to read as follows:

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     41-6-18.1.   It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a special nonresident waterfowl license, a fall three-day temporary nonresident waterfowl license, early fall Canada goose temporary nonresident license, or a spring five-day snow goose temporary nonresident waterfowl, license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

     A special nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for ten consecutive days. Four dollars received from the sale of each special nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

     The provision in this section limiting the validity of a special nonresident waterfowl license to ten consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the special nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

     The Game, Fish and Parks Commission may issue no more than four thousand nonresident waterfowl licenses in a calendar year.

     Section 3. That § 41-6-18.4 be amended to read as follows:

     41-6-18.4.   The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue up to two thousand fall three-day temporary nonresident waterfowl licenses , up to two thousand early fall Canada goose temporary nonresident licenses, and a number of spring five-day snow goose temporary nonresident waterfowl licenses to be determined by the department, and to establish the fee therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which hunting is permitted. The fall three-day temporary nonresident waterfowl licenses are valid only on private property, but are not valid on private property leased by the department for public hunting or on highways or other public rights-of-way within this state that otherwise meet the requirements of §  41-9-1.3. Revenue from the sale of fall three-day temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Revenue from the sale of early fall Canada goose temporary nonresident licenses shall be deposited in the department's land acquisition and development fund to be used to acquire by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of fall three-day temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.

     Section 4. That § 41-6-72 be amended to read as follows:

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     41-6-72.   Licenses issued under this title shall expire on at the end of the last day of December of the calendar year for which they were issued unless specified otherwise in this chapter or as limited or provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission in accordance with chapter 1-26. Waterfowl hunting licenses expire at the end of the last day of the hunting season for which the license was issued .

     Section 5. That § 41-6-15 be repealed.

     41-6-15.   Any hunting or fishing license shall expire on the last day of December in the year in which it was purchased or as limited and provided by the applicable license.

     Section 6. The issuance, licensure, and revenue dedication requirements relating to early fall Canada goose temporary nonresident licenses contained in sections 1 to 3, inclusive, of this Act are repealed on June 30, 2003. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1240 and 1286 and HCR 1010 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill be amended as follows:

1058ca

     On page 1 , delete lines 3 to 16 of the printed bill , inclusive , and insert:

"      Section 1. That § 13-28-42 be repealed.

     13-28-42.   The resident district is responsible for the provision of a free appropriate public education for students in need of special education or special education and related services. Notwithstanding the provisions of §   13-28-44, a request to transfer a student in need of special education or special education and related services may be granted only if, through the placement committee process, the resident and nonresident districts determine that the nonresident district can provide an appropriate instructional program and facilities to meet the student's needs. The resident district shall reimburse the nonresident district actual costs incurred in providing an appropriate special education for a student in need of special education and related services. Notwithstanding the provisions of §   13-28-45, the placement committee,

including representatives of the resident and nonresident districts, shall determine whether a student in need of special education requires transportation as a related service. If so, the resident district shall provide or ensure the provision of transportation.

     If a parent or guardian of a student in need of special education or special education and related services wishes to transfer the student back to the resident district, the request shall be considered by the placement committee. The committee must include representatives of the resident and nonresident districts.

     Section 2. That chapter 13-28 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of §  13-28-44, a request to transfer a student in need of special education or special education and related services may be granted only if an individualized education program team consisting of representatives from the resident and nonresident districts determines that the nonresident district can provide an appropriate instructional program and facilities to meet the student's needs. If the request to transfer is granted, the nonresident district is responsible for the provision of a free appropriate public education for the student in need of special education or special education and related services. Notwithstanding the provisions of §  13-28-45, the individualized education program team shall also determine whether the student in need of special education requires transportation as a related service. If so, the nonresident district shall provide or ensure the provision of transportation within the boundaries of the attendance center to which the student is assigned.

     If a parent or guardian of a student in need of special education or special education and related services requests to transfer the student back to the resident district, the individualized education program team shall consider the request."

     On page 3 , line 15 , overstrike " Resident average " and insert " Average " .

     On page 3 , line 15 , overstrike " resident " .

     On page 4 , line 4 , overstrike " resident " .

     On page 4 , overstrike lines 24 and 25 .

     On page 5 , overstrike lines 1 and 2 .

     On page 5 , after line 2 , insert:

"      Section 4. 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 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 an 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 an 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 an average daily membership of six hundred or more, multiply 1.0 times their general enrollment average daily membership;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §   10-12-42.

     Section 5. That § 13-13-1.4 be amended to read as follows:

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     13-13-1.4.   If two or more school districts consolidate, for a period of four years after consolidation, the adjusted average daily membership for the newly formed district shall be based upon the general enrollment average daily membership as defined in §   13-13-10.1 of those school districts that have not previously benefited from this section as they existed prior to consolidation. In years two to four, inclusive, after the consolidation, the relationship between the adjusted average daily membership and general enrollment average daily membership shall be proportional to the relationship that existed for the first year.

     Section 6. That § 13-13-73 be amended to read as follows:

     13-13-73.   The secretary of the Department of Education and Cultural Affairs shall compute state aid to education for each school district under the foundation program according to the following calculations:

             (1)      Determine each school district's general enrollment average daily membership;

             (2)      Multiply the per student allocation by the adjusted average daily membership to arrive at the local need per district;

             (3)      State aid is (a) local need minus local effort, or (b) zero if the calculation in (a) is a negative number;

             (4)      If the state aid appropriation for the general support of education is in excess of the entitlement provided for in this section, the excess shall be used to fund any shortfall of the appropriation as provided for in § §   13-37-36 and 13-37-43. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by §   13-37-45, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.

     Section 7. That § 13-15-28 be amended to read as follows:

     13-15-28.   Any school district that enters into contractual agreements pursuant to §   13-15-11 and sends over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining school district or districts located in South Dakota shall reorganize the school district pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this section, the number of students attending adjoining districts shall be based on general enrollment average daily membership pursuant to subdivision 13-13-10.1(1). This section does not apply to a school district located wholly within the boundaries of an Indian reservation.

     Section 8. That § 13-28-40 be amended to read as follows:

     13-28-40.   An enrollment options program is established to enable any South Dakota kindergarten through twelfth grade student to attend any public school that serves the student's grade level in any South Dakota school district, subject to the provisions in § §   13-28-40 to 13-28-47, inclusive. For purposes of determining state aid to education as it relates to the provisions of § §   13-28-40 to 13-28-47, inclusive, general enrollment average daily membership

as defined in §   13-13-10.1 is used to compute foundation aid and resident special education average daily membership as defined in §   13-37-35 is used to determine funding for special education.

     Section 9. That § 13-28-39 be amended to read as follows:

     13-28-39.   The Department of Social Services shall pay tuition costs and related service costs for students in residential treatment centers or group care centers for minors who are under the care and custody of the Department of Social Services, the Unified Judicial System, or other entities approved by the secretary of the Department of Social Services. For students with disabilities residing in a foster home, the Department of Social Services shall pay for special education or special education and related services. Students residing in foster homes must be in the care and custody of the Department of Social Services, the Unified Judicial System, or other entities approved by the secretary of the Department of Social Services. The Department of Social Services will have rate setting authority for tuition costs and related service costs.

     The secretary of the Department of Social Services may promulgate rules, pursuant to chapter 1-26, pertaining to:

             (1)      The amount, scope, and duration of services;

             (2)      The basis for and extent of provider payments;

             (3)      The method and amount of payment;

             (4)      The methods of recoupment or recovery of overpayments;

             (5)      Administration, record keeping, and audit requirements;

             (6)      Compliance monitoring;

             (7)      Reporting requirement;

             (8)      Such other standards and requirements as may be necessary to ensure the efficient operation and administration of the program. "

1058cb

     In section 2, line 5 of the previously adopted amendment (1058ca) , after " facilities " insert " , including transportation, " .

1058cc

     In section 2, line 1 of the previously adopted amendment (1058ca), delete " §  13-28-44 " and insert " § §  13-28-44 and 13-37-8.4 " .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill be amended as follows:

1200ca

     On page 1 , line 16 of the printed bill , after " record. " insert " Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. However, the school board or governing body may reimburse the person for the fees. " .

     On page 2 , line 4 , delete everything after " in " and insert " subdivision 22-1-2(25), including traffic in narcotics; a crime of violence as defined in subdivision 22-1-2(9); or a sex offense as defined in § 22-22-30. " .

     On page 2 , delete lines 7 to 9 , inclusive , and insert:

"     Any person employed by a South Dakota school district on the effective date of this Act who remains continuously employed by a South Dakota school district for consecutive school years is not required to submit to a criminal background check as provided in section 1 of this Act."

     On page 2 , line 20 , after " state. " insert " A duly certified copy of the court record is proof of the conviction and sentence. " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1210 and returns the same with the recommendation that said bill be amended as follows:

1210fa

     On page 2 , after line 6 of the printed bill , insert:

"      Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

1210fta

     On page 1 , line 2 of the printed bill , after " purchases " insert " and to declare an emergency " .

     And that as so amended said bill do pass.

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Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill be amended as follows:

1257ca

     On page 1 , delete lines 9 to 16 of the printed bill , inclusive .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1082 which was deferred to the 36th legislative day.

Respectfully submitted,
Richard “Dick” E. Brown, Chair

MR. SPEAKER:

    I have the honor to transmit herewith SB 28, 73, 83, 110, 117, 176, and 187 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

     HCR 1004:   A CONCURRENT RESOLUTION,   Urging Congress to schedule hearings to increase net farm income and improve living conditions in rural America.
    
    Rep. Weber moved that HCR 1004 as found on page 129 and amended on page 338 of the House Journal be adopted.

     The question being on Rep. Weber's motion that HCR 1004 as amended be adopted.

     And the roll being called:

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     Yeas 60, Nays 6, Excused 1, Absent and Not Voting 3

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

     Nays were:
Apa; Earley; Fiegen; McCoy; McNenny; Young

     Excused were:
Smidt

     Absent and Not Voting were:
Derby; Diedrich (Larry); Jaspers

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

     HCR 1005:   A CONCURRENT RESOLUTION,   Urging the Clinton Administration and Congress to forbid packers from feeding and owning livestock.

     Rep. Weber moved that HCR 1005 as found on page 128 and amended on page 339 of the House Journal be adopted.

     The question being on Rep. Weber's motion that HCR 1005 as amended be adopted.

     And the roll being called:

     Yeas 55, Nays 13, Excused 1, Absent and Not Voting 1

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

     Nays were:
Apa; Broderick; Clark; Derby; Earley; Fiegen; Heineman; McNenny; Napoli; Peterson; Solum; Young; Speaker Hunt

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     Excused were:
Smidt

     Absent and Not Voting were:
Jaspers

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

     HCR 1007:   A CONCURRENT RESOLUTION,   Supporting country-of-origin labeling of meat products.

     Rep. Wetz moved that HCR 1007 as found on page 193 and amended on page 339 of the House Journal be adopted.

     The question being on Rep. Wetz's motion that HCR 1007 as amended be adopted.

     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; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Slaughter

     Excused were:
Smidt

     Absent and Not Voting were:
Jaspers; McNenny; Sebert

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1007 was adopted.

     HCR 1009:   A CONCURRENT RESOLUTION,   Urging the extension of South Dakota's pheasant hunting season through December thirty-first.

     Rep. Roe moved that HCR 1009 as found on page 268 of the House Journal be adopted.

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    Rep. Konold moved the previous question.

    Which motion prevailed.

     The question being on Rep. Roe's motion that HCR 1009 be adopted.

     And the roll being called:

     Yeas 40, Nays 28, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Brown (Jarvis); Brown (Richard); Burg; Cerny; Crisp; Derby; Diedrich (Larry); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Monroe; Nachtigal; Peterson; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Volesky; Wilson; Speaker Hunt

     Nays were:
Broderick; Brooks; Chicoine; Clark; Cutler; Diedtrich (Elmer); Duenwald; Earley; Fitzgerald; Hennies; Klaudt; Koehn; Koskan; Lintz; Lockner; McNenny; Munson (Donald); Napoli; Patterson; Pummel; Slaughter; Solum; Sutton (Duane); Waltman; Weber; Wetz; Wudel; Young

     Excused were:
Smidt

     Absent and Not Voting were:
Davis

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.

     HCR 1011   Introduced by:  Representatives Peterson, 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, Hunt, 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, Wudel, and Young and Senators Brown (Arnold), Albers, Benson, Bogue, Brosz, Dennert, Drake, Dunn (Rebecca), Duxbury, Everist, Flowers, Frederick, Hainje, Halverson, Ham, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Moore, Munson (David), Olson, Paisley, Reedy, Rounds, Shoener, Symens, Valandra, Vitter, and Whiting

A CONCURRENT RESOLUTION,  Calling upon the federal government to take responsibility     for long-term health care on Indian reservations and to implement a pilot project in South     Dakota.

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     WHEREAS,  among all the states in the Northern Plains region, South Dakota has the highest percentage of its Native American population, sixty-seven percent, living on Indian reservations; and

     WHEREAS,  the State of South Dakota is experiencing a growing elderly population on its Indian reservations; and

     WHEREAS,  Native Americans are living significantly longer today than they did in the early 1900s: the life expectancy of Native Americans in South Dakota is currently sixty-five; and

     WHEREAS,  the rate of debilitating diseases such as diabetes on South Dakota Indian reservations has been increasing over the years; and

     WHEREAS,  the age-adjusted diabetes mellitus death rate among Native Americans in South Dakota is 62.6 per 100,000 population which is five times higher than the combined rate for all races in the United States; and

     WHEREAS,  Native American culture strongly embraces the extended family in which elders are considered the source of wisdom, history, and tradition; and

     WHEREAS,  a loss of important cultural traditions for families and tribal members occurs when elderly Native Americans must seek nursing facility placement off the reservations; and

     WHEREAS,  due to the high percentage of Native American families below poverty level living on Indian reservations, lack of transportation to visit family members in nonreservation nursing homes creates a hardship for the elderly and their families; and

     WHEREAS,  by Treaty, the federal government is responsible for providing all health care needs of Native Americans on reservations; and

     WHEREAS,  the Indian Health Service currently provides primary and acute health care services, such as physician and hospital care, through federal facilities located on each of the reservations; and

     WHEREAS,  the Indian Health Service currently does not provide long-term care services, such as assisted living and nursing home care, on any of South Dakota's Indian reservations; and

     WHEREAS,  the Indian Health Service has failed to take responsibility for providing long- term care services to elderly Native Americans residing on reservations in South Dakota; and

     WHEREAS,  the United States Congress is currently considering the Indian Health Care Improvement Act Amendments of 2000 (H.R. 3397) which includes funding for long-term care on Indian reservations; and

     WHEREAS,  the lack of long-term care services has created an undue hardship for reservation residents and their families creating a growing need for the Indian Health Service

to appropriately address the long-term care needs of South Dakota's Native American population:

     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 federal government is requested to formally take responsibility for providing long-term care to Native Americans residing on Indian reservations by supporting the Indian Health Care Improvement Act Amendments of 2000, and to work cooperatively with state and tribal officials to implement a pilot project on a South Dakota Indian reservation in order to determine the feasibility of providing federally-funded, reservation-based long-term care services.

     Was read the first time and referred to the Committee on Health and Human Services.

     Rep. Daniel Sutton moved that the Committee on State Affairs be instructed to deliver HB 1166 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Haley moved that the Committee on State Affairs be instructed to deliver HB 1298 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.

     The question being on Rep. Haley's motion that the Committee on State Affairs be instructed to deliver HB 1298 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 20, Nays 48, Excused 2, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson

     Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Apa; Smidt

     So the motion not having received an affirmative vote of a one-third majority of the members-elect, the Speaker declared the motion lost.

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     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 4th, the 19th legislative day.

     Which motion prevailed.

     Rep. Cutler moved that the reports of the Standing Committees on

     Health and Human Services on HB 1317 as found on page 362 of the House Journal; also

     Judiciary on HB 1194 as found on pages 362 and 363 of the House Journal; also

     State Affairs on HB 1175 as found on pages 363 and 364 of the House Journal; also

     State Affairs on HB 1178 as found on page 364 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Napoli moved to place HB 1178 on the calendar of Friday, February 4th, the 19th legislative day.

     The question being on Rep. Napoli's motion that HB be placed on the calendar of Friday, February 4th, the 19th legislative day.

     And the roll being called:

     Yeas 41, Nays 28, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brown (Jarvis); Burg; Chicoine; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Kooistra; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Peterson; Pummel; Roe; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Broderick; Brown (Richard); Cerny; Clark; Davis; Earley; Engbrecht; Fiegen; Fischer-Clemens; Hagen; Haley; Hanson; Heineman; Kazmerzak; Koetzle; Konold; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Putnam; Richter; Sebert; Volesky; Wetz

     Excused were:
Smidt

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     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1178 was so placed.

     HB 1122:   FOR AN ACT ENTITLED, An Act to   require a removal agency to notify a county sheriff or chief of police after removing certain motor vehicles.

     Was read the second time.

     The question being "Shall HB 1122 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, 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; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Clark; Haley; Lucas

     Excused were:
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 1188:   FOR AN ACT ENTITLED, An Act to   allow the payment of the motor vehicle excise tax by a person on behalf of the owner.

     Was read the second time.

     The question being "Shall HB 1188 pass as amended?"

     And the roll being called:

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     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; 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; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
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 1113:   FOR AN ACT ENTITLED, An Act to   authorize certain evidence in the defense of a violation for a sale of alcoholic beverages to a person under the age of twenty-one.

     Was read the second time.

     The question being "Shall HB 1113 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; 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; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Koehn

     Excused were:
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.

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     HB 1277:   FOR AN ACT ENTITLED, An Act to   require the compiling and reporting of certain domestic abuse information.

     Was read the second time.

     The question being "Shall HB 1277 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; 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; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
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 1278:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the method of amending the articles of incorporation of nonprofit corporations.

     Was read the second time.

     The question being "Shall HB 1278 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; 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; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

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     Excused were:
Smidt

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

     Rep. Richard Brown moved that HB 1078 be deferred until Tuesday, February 8th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     Rep. Roe now presiding.

     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.

     Having had its second reading was up for consideration and final passage.

     The question being "Shall HB 1236 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 29, Excused 2, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Richard); Burg; Chicoine; Davis; Diedtrich (Elmer); Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Nachtigal; Patterson; Peterson; Pummel; Roe; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young

     Nays were:
Apa; Brown (Jarvis); Cerny; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Jaspers; Kazmerzak; Konold; Koskan; Lintz; McNenny; Monroe; Munson (Donald); Napoli; Putnam; Sebert; Slaughter; Wetz; Wudel; Speaker Hunt

     Excused were:
Richter; Smidt

     So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill lost.

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     Rep. Richard Brown announced his intention to reconsider the vote by which HB 1236 was lost.

     HB 1265:   FOR AN ACT ENTITLED, An Act to   establish an education voucher system to pay a portion of costs paid by students enrolled in certain nonpublic schools.

     Was read the second time.

     Rep. Daniel Sutton announced his intention to file a dissent regarding the decision of the chair that HB 1265 would need only a majority vote for passage.

     The question being "Shall HB 1265 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 41, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Chicoine; Crisp; Cutler; Duenwald; Earley; Eccarius; Fischer-Clemens; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koetzle; Koskan; McCoy; McNenny; Monroe; Napoli; Pummel; Putnam; Sebert; Waltman; Weber; Wudel; Young; Speaker Hunt

     Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Kazmerzak; Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Richter; Roe; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson

     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. Peterson announced his intention to reconsider the vote by which HB 1265 was lost.

     Speaker Pro tempore Eccarius now presiding.

     HB 1290:   FOR AN ACT ENTITLED, An Act to   provide for certain members of the Executive Board of the Legislative Research Council.

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     Was read the second time.

     Rep. Peterson moved that HB 1290 be deferred until Monday, February 7th, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1116:   FOR AN ACT ENTITLED, An Act to   prohibit motor vehicle brokering.

     Was read the second time.

     The question being "Shall HB 1116 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; 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; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Nays were:
Patterson; Waltman

     Excused were:
Peterson; Smidt

     Absent and Not Voting were:
Koehn; Lockner

     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 1109:   FOR AN ACT ENTITLED, An Act to   provide for an interagency team review and a written finding that placement in a Department of Corrections facility is the least restrictive placement commensurate with the best interests of the child.

     Was read the second time.

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1109md

     Rep. Fischer-Clemens moved that HB 1109 be amended as follows:

     On page 3 , line 8 of the printed bill , delete " . Subsequent " .

     On page 3 , delete the underscored material on lines 9 and 10 .

    A roll call vote was requested and supported.

     The question being on Rep. Fischer-Clemens' motion that HB 1109 be amended.

     And the roll being called:

     Yeas 21, Nays 46, Excused 2, Absent and Not Voting 1

     Yeas were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; 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; Engbrecht; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

     Excused were:
Peterson; Smidt

     Absent and Not Voting were:
Fiegen

     So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

1109rb

     Rep. Wilson moved that HB 1109 be amended as follows:

     On page 3 , after line 18 of the printed bill , insert:

"      Section 2. There is established an Advisory Committee to the Office of the Ombudsman for Juvenile Corrections. The Advisory Committee shall consist of one pediatrician, appointed by the majority leader of the House of Representatives; one public child welfare social worker,

appointed by the minority leader of the House of Representatives; one psychologist, appointed by the South Dakota Psychological Association; one psychiatrist, appointed by the South Dakota Psychiatric Association; one attorney, appointed by the South Dakota Bar Association; one circuit court judge, appointed by the Chief Justice of the South Dakota Supreme Court; one representative of private children's agencies, appointed by the majority leader of the Senate; and one representative of education, appointed by the minority leader of the Senate. Each member of the Advisory Committee shall serve a three-year term, except the initial appointment of the pediatrician, the public child welfare social worker, and the psychologist shall be for a one-year term, and the initial term of the psychiatrist, attorney, and circuit court judge shall be for a two- year term. Subsequent terms of these persons shall be three years.

     Section 3. The Advisory Committee shall appoint a person to fill the Office of the Ombudsman for Juvenile Corrections which is hereby created. Such person shall be qualified by training and experience to perform the duties of the office as set forth in this Act. The ombudsman shall serve for a term of three years and may be reappointed and shall continue to hold office until a successor is appointed and qualified. The Advisory Committee shall have authority to discharge the ombudsman for good cause only, if six members of the Advisory Committee so determine. The Advisory Committee, and its members, shall periodically meet with the ombudsman to share information and expertise so as to promote the physical health, emotional and mental well-being, safety, welfare, education, and rights of children in custody or care of juvenile corrections facilities and programs.

     Section 4. The ombudsman may appoint such staff as may be deemed necessary. However, for the fiscal years ending June 30, 2001, and June 30, 2002, the ombudsman's staff may not exceed one and one-half full-time positions or the equivalent thereof. The duties of the staff include such duties and powers of the ombudsman as may be performed under the direction of the ombudsman.

     Section 5. The Legislature shall annually appropriate such sums as may be necessary for the payment of the salaries of the ombudsman and staff and for the payment of office expenses and other actual expenses incurred by the ombudsman in the performance of those duties.

     Section 6. The ombudsman shall act independently of the Department of Corrections, the executive branch of government, and all entities of local government, in the performance of his or her duties.

     Section 7. The ombudsman shall annually submit to the Governor, the Legislature, and the Chief Justice of the Supreme Court, a detailed report analyzing the work of the Office of the Ombudsman and making any legislative, executive, or judicial recommendations resulting from that work.

     Section 8. Terms used in this Act mean:

             (1)    "Abuse," any act or failure to act by an employee of a juvenile corrections facility or program, or by a contract person or entity providing services to a juvenile corrections facility or program, which act was performed or failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to an individual in the custody or care of a juvenile corrections facility or program;

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             (2)    "Juvenile corrections facility or program," any juvenile correctional facility or program established and maintained in accordance with §  26-11A-1, and all jails or detention centers operated by state or local government;

             (3)    "Individual in the custody or care of a juvenile corrections facility or program," includes any individual who is in the process of being admitted to a juvenile corrections facility or program or who is being transported to such a facility or program;

             (4)    "Neglect," any negligent act or omission by any individual responsible for providing custody, care, or services in a juvenile corrections facility or program which caused or may have caused injury or death to an individual in the care or custody of a juvenile corrections facility or program, or which placed such individual at risk of injury or death;

             (5)    "Administrative acts," any action, decision, omission, recommendation, practice, policy, or procedure of a juvenile corrections facility or program, or any of its agents or employees or independent contractors. The term does not include the preparation or presentation of legislation, or the substantive content of a judicial order, decision, or opinion.

     Section 9. The ombudsman shall perform the following duties:

             (1)    Investigate and resolve complaints relating to administrative acts made by agents, employees, or independent contractors for juvenile corrections facilities or programs;

             (2)    Periodically review the facilities and procedures of all juvenile corrections facilities and programs;

             (3)    Periodically review the policies and procedures established by juvenile corrections facilities and programs and recommend changes in those policies and procedures to promote the physical health, emotional and mental well-being, safety, welfare, education, or rights of children in the custody of those facilities and programs;

             (4)    Recommend changes in the procedures for dealing with juvenile problems and in the systems for providing juvenile detention and corrections;

             (5)    Ensure that each affected child, and, in proper cases, that others interested in the child's welfare, are apprised of the role of the Office of the Ombudsman;

             (6)    Investigate complaints alleging abuse or neglect.

     Section 10. The ombudsman has the following rights and powers:

             (1)    To communicate privately, by mail or orally, with any affected child;

             (2)    To have access, including the right to inspect, copy, and subpoena, records held by the clerk of court, records containing the names of all children in custody, all written

reports of child abuse and neglect affecting children in custody, all records of state agencies, schools, police, health and medical providers, as may be necessary to carry out the responsibilities of the Office of the Ombudsman;

             (3)    To take whatever steps are necessary and appropriate to ensure that persons are made aware of the services of the Office of the Ombudsman, its purpose, and how it can be contacted;

             (4)    To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies and independent authorities, and private firms, individuals, and foundations, for the purpose of carrying out the lawful responsibilities of the ombudsman;

             (5)    To enter without notice to inspect juvenile corrections facilities and programs;

             (6)    To initiate informal proceedings with juvenile corrections facilities and programs;

             (7)    To negotiate and mediate an appropriate resolution of any issue or complaint; and

             (8)    To commence litigation seeking equitable relief.

     Section 11. All records of the Office of the Ombudsman pertaining to the care and treatment of a child are confidential. Information contained in those records may not be disclosed publicly in any manner that would identify affected children. Notwithstanding the foregoing, the Office of the Ombudsman may disclose such records to persons or entities who have a right of access to such records pursuant to other provisions of law.

     Section 12. The ombudsman may, whether specific to a complaint or as a general concern, investigate any administrative act or course of conduct that the ombudsman has reason to believe may be:

             (1)    Contrary to law;

             (2)    Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unnecessarily discriminatory, even though in accordance with law; and

             (3)    Adversely affect the physical health, emotional and mental well-being, safety, welfare, education, or rights of affected children.

     Section 13. On receiving a complaint, the ombudsman may investigate to find an appropriate remedy.

     Section 14. On receiving a complaint, the ombudsman may refuse to investigate an administrative act that otherwise qualifies for investigation if:

             (1)    The complaint relates to an administrative act that the complainant has had knowledge of for an unreasonable time period before filing the complaint;

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             (2)    The complainant does not have a sufficient personal interest in the subject matter of the complaint;

             (3)    The complaint is trivial or made in bad faith; and

             (4)    The resources of the Office of the Ombudsman are insufficient to adequately investigate the complaint.

     Section 15. Within thirty days of receipt of the complaint, the ombudsman shall notify the complainant of the decision of the Office of the Ombudsman to investigate or not to investigate the complaint. If the ombudsman decides not to investigate and if requested by the complainant, the ombudsman shall provide in writing the reasons for not investigating.

     Section 16. If an opinion or recommendation of the ombudsman is likely to reflect critically upon the actions of any person or agency, the ombudsman shall first consult with the person or agency before rendering the opinion or recommendation. A preliminary opinion or preliminary recommendation is confidential and may not be publicly disclosed by any party.

     Section 17. The ombudsman shall report his or her opinion and recommendation to the juvenile corrections facility or program, if the ombudsman finds, after investigation, that:

             (1)    A matter should be further considered by the juvenile corrections facility or program;

             (2)    A matter should be referred to the presiding officers of both houses of the Legislature for further investigation or legislative action;

             (3)    A statute or rule on which an administrative act is based should be amended;

             (4)    An administrative act should be modified or canceled;

             (5)    Reasons should be produced by the juvenile corrections facility or program for a particular administrative act;

             (6)    Any other action should be taken by the Department of Corrections or the juvenile corrections facility or program;

             (7)    A particular administrative act was arbitrary or capricious, constituted an abuse of discretion, or was not according to law;

             (8)    A particular administrative act was harmful or potentially harmful to the physical health, emotional and mental well-being, safety, welfare, education, or rights of any affected child; or

             (9)    Probable cause existed for finding the administrative act constituted abuse or neglect.

     Section 18. The ombudsman may request the juvenile corrections facility or program to notify the Office of the Ombudsman within a specified period of time of any action taken in response to the recommendations of the ombudsman.

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     Section 19. The ombudsman shall notify the complainant of the ombudsman's recommendations and the actions taken by the juvenile corrections facility or program.

     Section 20. If the ombudsman believes there is a breach of duty or misconduct by an officer or employee of juvenile corrections facility or program in the conduct of the officer's or employee's duty, or if the ombudsman believes there is a breach of duty by the juvenile corrections facility or program, the ombudsman shall refer the matter to the chief executive officer of the juvenile corrections facility or program, to the presiding officer of both houses of the Legislature, to a prosecutor's office, or to another appropriate official or agency.

     Section 21. The ombudsman and the staff of the ombudsman may express a private opinion, may register to vote as to party, and may vote, but may not engage in any other political activity. Specifically, but without limitation, the ombudsman and the staff of the ombudsman may not act as a leader or hold an office in a political organization, may not publicly oppose any candidate for public office, may not make speeches on behalf of a political organization, may not attend political gatherings, and may not solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or purchase tickets for political party dinners or other functions.

     Section 22. A person who knowingly hinders the lawful actions of the ombudsman, who knowingly hinders the lawful actions of the advisory committee, or who knowingly refuses to comply with the lawful demands of either, is guilty of a Class 1 misdemeanor.

     Section 23. No state agency nor any individual acting for a state agency may take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the ombudsman. A violation of this section is a Class 1 misdemeanor.

     Section 24. No civil action may be brought against the ombudsman or the Advisory Committee for any act or omission in performing the duties under this Act except for intentional wrongful acts or omissions. The State of South Dakota shall protect and hold harmless any attorney, director, investigator, social worker, or other person employed by the Office of the Ombudsman and any volunteer appointed by the ombudsman, and the members of the Advisory Committee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of any duty within the scope of his or her employment or appointment which may constitute negligence if such acts are not intentional wrongful acts or omissions. "

     Rep. Davis requested that Joint Rule 5-17 be invoked on HB 1109.

     Which request was supported and HB 1109 with Rep. Wilson's pending motion to amend was deferred until Monday, February 7th, the 20th legislative day

     Rep. Cutler moved that HB 1196, 1239, 1272, 1069, 1075, 1207, 1126, 1179, 1190, 1018, 1117, 1215, 1293, 1133, 1154, 1185, 1253, 1308, 1211, and 1203 be deferred until Friday, February 4th, the 19th legislative day.

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     Which motion prevailed and the bills were so deferred.

     There being no objection, the House reverted to Order of Business No. 5.

MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1005 and returns the same with the recommendation that said bill be amended as follows:

1005fc

     On page 1 , line 14 of the printed bill , delete " crop " .

     On page 1 , line 14 , delete " , cash rent, or a combination " and insert " and " .

     On page 1 , line 15 , delete " thereof " .

     On page 1 , line 15 , delete " crop " .

     On page 1 , line 16 , delete " crop " .

     On page 1 , line 16 , delete " or cash " .

     On page 1 , line 16 , after " basis. " insert " The capacity of the cropland to produce agricultural products shall be based on average yields for crops or plants under natural conditions. The capacity of noncropland to produce agricultural products shall be based on average acres per animal unit under natural conditions. " .

     On page 2 , line 17 , delete " defined in §  10-6-33.2 " and insert " specified in section 2 of this Act " .

     On page 2 , line 19 , after " The " insert " location, size, " .

     On page 3 , line 10 , after " divided " insert " by the director of equalization " .

     On page 3 , line 13 , delete " Agricultural Soil Conservation Service. Land enrolled in a federal or state " and insert " Agriculture Natural Resources Conservation Service. " .

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     On page 3 , delete lines 14 and 15 .

     On page 7 , line 23 , after " land. " insert " The pilot study shall include an analysis of various capitalization rates and determine the impact of such rates on the total statewide assessed value of agricultural property and its relationship to the total statewide assessed value of all property. " .

     On page 7 , line 24 , delete " Codington " and insert " Clark " .

     On page 7 , line 24 , delete " Hand, Tripp " and insert " Hyde, Lyman " .

     On page 8 , line 2 , delete everything after " to the " and insert " Executive Board of the Legislative Research Council by March 31, 2001. The Executive Board of the Legislative Research Council, after receipt of the pilot study, may implement an interim study to study the effects of the capitalization rate, preventing a tax shift between agricultural and nonagricultural property, and to evaluate the procedures used to determine agricultural income values, preventing tax shifts within agricultural property. " .

     On page 8 , delete line 3 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1304 which was tabled.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1205 which was deferred to the 36th legislative day.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1212 and 1305 and SB 34 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1224 and SB 33 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

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Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1102 and returns the same with the recommendation that said bill be amended as follows:

1102ja

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 21-25A-3 be amended to read as follows:

     21-25A-3.   This chapter does not apply to insurance policies and every provision in any such policy requiring arbitration or restricting a party thereto or beneficiary thereof from enforcing any right under it by usual legal proceedings in ordinary tribunals or limiting the time to do so is void and unenforceable. However, nothing in this chapter may be deemed to impair the enforcement of or invalidate a contractual provision for arbitration entered into between insurance companies. The parties to a dispute may agree in writing to arbitrate after the occurrence of an event concerning the enforceability, terms, conditions, damages, or any other dispute involving the insurance policy. "

1102jta

     On page 1 , line 1 of the printed bill , delete " repeal " and insert " revise " .

     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 1288 and returns the same with the recommendation that said bill be amended as follows:

1288ja

     On page 1 , line 8 of the printed bill , after " card " insert " containing the applicant's full name and date of birth " .

     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 1089 and 1302 which were deferred to the 36th legislative day.

Respectfully submitted,
Robert A. Roe, Chair

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Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

1134ra

     On page 1 , delete lines 4 to 16 of the printed bill , inclusive , and insert:

"      Section 1. A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated only within an improvement district, created pursuant to chapter 7-25A, within the county. The number of licenses issued in the improvement district may not exceed three for the first one thousand of population and may not exceed one for each additional fifteen hundred of population or fraction thereof, including any licenses issued in the improvement district prior to July 1, 2000. "

     On page 2 , delete lines 1 to 6 , inclusive .

     On page 2 , line 15 , after " . " insert " However, any license issued in an improvement district prior to July 1, 2000, shall be included when calculating the total number of licenses that may be issued by the county where the improvement district is located. " .

1134ota

     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " revise certain provisions regarding the issuance of on-sale alcoholic beverage licenses within improvement districts. " .

     On page 1 , delete line 2 .

     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 1237 and returns the same with the recommendation that said bill be amended as follows:

1237ob

     On page 1 , line 7 of the printed bill , delete " seven " and insert " twelve " .

     On page 1 , line 10 , delete " sixty-five " and insert " fifty " .

     On page 1 , line 12 , after " persons. " insert " In a locally designated historical district, in a municipality that is authorized to conduct gaming by chapter 42-7B, any license created by this section shall be available to buildings subject to rehabilitation and restored according to the U.S. Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67

as of January 1, 1994. Such a rehabilitation project shall have at least thirty rooms that are suitable lodging accommodations. " .

     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 1191 which was deferred to the 36th legislative day.

Respectfully submitted,
J.P. Duniphan, Chair

     SB 28:   FOR AN ACT ENTITLED, An Act to   provide payment of tuition costs to education programs for students in governmental custody and to eliminate certain payments to educational programs operated by public school districts.

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

     SB 73:   FOR AN ACT ENTITLED, An Act to   require insurers to disclose certain provisions with regard to usual, customary, and reasonable charges.

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

     SB 83:   FOR AN ACT ENTITLED, An Act to   provide immunity from civil liability for the placement and use of automated external defibrillators.

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

     SB 110:   FOR AN ACT ENTITLED, An Act to   prohibit the placement of certain hazardous or injurious devices on state lands and to provide penalties therefor.

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

     SB 117:   FOR AN ACT ENTITLED, An Act to   prohibit strip-searches for violations of curfew.

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

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     SB 176:   FOR AN ACT ENTITLED, An Act to   allow holders of installment sales contracts to collect a charge for a payment device returned for nonpayment.

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

     SB 187:   FOR AN ACT ENTITLED, An Act to   provide for the revocation or refusal of a gaming or racing license.

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

     The following bills have had their first reading and the Speaker assigned them to the following committees:.

     SB 47 was referred to the Committee on Taxation.

    SB 122 was referred to the Committee on Taxation.

    SB 140 was referred to the Committee on Judiciary.

    SB 171 was referred to the Committee on Commerce.

    SB 174 was referred to the Committee on Judiciary.

    SB 190 was referred to the Committee on Local Government.

     Rep. Cutler moved that SB 21 and 1 be deferred until Friday, February 4th, the 19th legislative day.

     Which motion prevailed and the bills were so deferred.

     HC 1011   Introduced by:  Representatives Lockner and Burg and Senator Duxbury

A LEGISLATIVE COMMEMORATION,  Honoring Ms. Desa Oberle, Mellette, South Dakota,     as the 2000 South Dakota Junior Snow Queen.

     WHEREAS,  Ms. Desa Oberle has been involved in school activities and organizations throughout her life including membership in Future Business Leaders of America, being a clarinet player for the school band, being selected for the Region IV Music Festival,

involvement in the school chorus, participating in the annual Science Fair, being selected as a varsity cheerleader, winning two American Legion Essay Awards, and being a member of the Tri-Parish Church Youth Group and the American Legion Junior Auxiliary; and

     WHEREAS,  as a resident of Mellette, Desa has made outstanding contributions to the community through her participation in Girl Scouts and has received the Girl Scout Silver Award, the God and Life Medallion, Leadership Pins, and Community Service Bars. Desa has also been certified by the American Red Cross in CPR and First Aid and has completed the National Rifle Association's Hunter Safety Course; and

     WHEREAS,  it is an exceptional honor to be chosen as the South Dakota Junior Snow Queen:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-fifth Legislature of the State of South Dakota, that Ms. Desa Oberle be recognized for her outstanding achievements in academics, student activities, community services, and recognition at the local and state levels of the South Dakota Snow Queen Pageant.

     Rep. Crisp moved that the House do now adjourn, which motion prevailed, and at 3:58 p.m. the House adjourned.