House Journal 02/04/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 4, 2000

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Lindsey Raymond.

     Roll Call: All members present except Reps. Derby, Koehn, Smidt, and Solum who were excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the eighteenth 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 Education respectfully reports that it has had under consideration HB 1249 and returns the same with the recommendation that said bill be amended as follows:

1249ca

On page 1 , line 10 of the printed bill , delete " Beginning during " and insert " On or before " .

On page 1 , line 11 , delete " During the 2003- " .

On page 1 , delete lines 12 to 14 , inclusive .

On page 2 , line 1 , after " The " insert " task force established pursuant to section 3 of this Act shall oversee the design and implementation of the " .

On page 2 , line 1 , delete " shall be designed by the " .

On page 2 , line 2 , delete everything before " . " .

On page 2 , line 3 , after " shall " insert " develop the tests and shall " .

On page 2 , line 3 , delete " in designing the tests " .

On page 2 , line 3 , delete " and the " .

On page 2 , line 4 , delete " task force " .

On page 2 , line 5 , delete " and shall " and insert " to " .

On page 2 , line 15 , delete " design " and insert " oversee the design and implementation of " .

1249cb

On page 1 , line 10 of the printed bill , delete " any such " and insert " a criterion-referenced " .

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 1258, 1269, and 1316 which were deferred to the 36th legislative day.

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

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 17, 19, and 6 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill be amended as follows:

1002ja

On page 1 , line 8 of the printed bill , after " chapter " insert " and any tax sheltered annuity or account established pursuant to chapter 3-10 " .

1002pb

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

"      Section 1. An independent actuarial review shall be completed of the South Dakota Retirement System, focusing upon issues of equity regarding member benefits, including, but not limited to, the class A alternate formula, class differences, length of service issues, purchase of credited service, cost of living allowance, death and disability benefits, married members, members with younger spouses, life expectancy, early retirement, and reemployment after retirement.

     Section 2. The Retirement Laws Committee shall submit a request for proposals, and shall designate an approved actuary to carry out the study no later than July 1, 2000. The approved actuary shall report its findings to the Retirement Laws Committee no later than December 1, 2000.

     Section 3. This independent actuarial review shall be paid for out of the South Dakota retirement system fund. Expenditures shall be disbursed on warrants drawn by the state auditor and shall be supported by vouchers approved by the administrator of the system.

     Section 4. 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. "

t1002pa

On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " require an independent actuarial review of equity issues regarding the South Dakota Retirement System. "

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Larry Diedrich, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1184, 1284, and 1285 and SB 48 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1172 and returns the same with the recommendation that said bill be amended as follows:

1172ra

On page 1 , delete lines 4 to 17 of the printed bill , inclusive .

On page 2 , delete lines 1 to 3 , inclusive .

On page 2 , delete line 5 , and insert " 25-4-34. An action for divorce or separate " .

And returns the same without recommendation as amended.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1283 which was deferred to the 36th legislative day.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1279 and 1280 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1145 and 1189 which were deferred to the 36th legislative day.

Respectfully submitted,
Kristie K. Fiegen, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1009, 1054, 1060, and 1118 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 178, 191, and 205 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

House Page Resolution 2: Introduced by: Representatives 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; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

A RESOLUTION, Expressing the appreciation and gratitude of the House of Representatives of the Seventy-fifth Legislature of the State of South Dakota to Sarah Breitag, Lindsey

Hahn, Michael Hilmoe, Dustin Jager, Jeremy Kasperson, Megan Kotz, Greg Lee, Sarah Linneman, Siri Mielke, Katey Nemec, Lindsey Raymond, Catherine Sckerl, Keri VanOverschelde, and Sonja Voegele.

WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-fifth Legislative Session; and

WHEREAS, the members of the Seventy-fifth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-fifth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

Rep. Cutler moved that House Page Resolution 2 be adopted.

Which motion prevailed and the resolution was adopted.

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

     Rep. Richard Brown moved to reconsider the vote by which HB 1236 was lost.

     The question being on Rep. Richard Brown's motion to reconsider the vote by which HB 1236 was lost.

     And the roll being called:

     Yeas 64, Nays 0, Excused 4, Absent and Not Voting 2

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

Excused were:
Derby; Koehn; Smidt; Solum

Absent and Not Voting were:
Koetzle; McNenny

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1236 was up for reconsideration and final passage.

Rep. Richard Brown moved that HB 1236 be placed to follow HB 1305 on today's calendar.

Which motion prevailed and HB 1236 was so placed.

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

     Rep. Peterson moved to reconsider the vote by which HB 1265 was lost.

     The question being on Rep. Peterson's motion to reconsider the vote by which HB 1265 was lost.

     And the roll being called:

     Yeas 21, Nays 43, Excused 4, Absent and Not Voting 2

     Yeas were:
Cutler; Duenwald; Earley; Eccarius; Fischer-Clemens; Heineman; Hennies; Jaspers; Koskan; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Waltman; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel

Excused were:
Derby; Koehn; Smidt; Solum

Absent and Not Voting were:
Burg; Koetzle

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

HCR 1012 Introduced by: Representatives Wetz, Klaudt, McNenny, and Pummel and Senators Kleven and Bogue

A CONCURRENT RESOLUTION, Urging support for America's sheep industry.

WHEREAS, South Dakota's sheep industry plays an important role in the state's overall economy and in the support of South Dakota's rural communities and its agricultural economy; and

WHEREAS, South Dakota is among the top five lamb and wool producing states, contributing significantly to the national economy; and

WHEREAS, the American sheep industry is in a period of severe distress primarily because of the flooding of American markets with imported wool and low-priced imported woolen products, as well as other problems, ranging from predators to weather cycles; and

WHEREAS, data from the United States Department of Agriculture indicates less than eight million head of sheep in the United States at the present time, compared with more than fifty million during the 1950s; and

WHEREAS, lamb prices fell forty percent between 1997 and 1999. Currently, forty percent of the 1998 wool clip in the United States is unsold and more than fifty percent of the 1999 wool clip is unsold; and

WHEREAS, European countries have rigid quotas on United States lamb and wool that also cause hardship for American producers; and

WHEREAS, in July of 1999, while in South Dakota, President Clinton announced imposition of Section 201 trade restrictions on imported lamb. This trade relief must be maintained through the year 2002; and

WHEREAS, South Dakota Governor William Janklow assisted in providing twenty thousand dollars to the American Sheep Industry Association to assist them in their Section 201 case with the United States International Trade Commission, which resulted in the provision of one hundred million dollars in assistance to the American sheep industry over a three-year period; and

WHEREAS, in accordance with United States trade law, all available actions must be taken to ensure full trade relief for United States sheep producers; and

WHEREAS, the South Dakota Sheep Growers and the Western South Dakota Sheep Growers are united in their efforts to find economic solutions for their industry; and

WHEREAS, the wool market depression continues to impose serious hardship on South Dakota's sheep producers:

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 Legislature

urges further assistance and support for the American sheep industry to overcome the negative impacts of imported wool and wool products that have flooded markets and reduced the prices paid to American sheep producers. All appropriate short- and long-term revenue stabilization measures should be taken to assist the farms and ranches that produce our country's wool and to promote and preserve a sound sheep industry.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on HB 1260 as found on pages 374 to 377 of the House Journal; also

     Education on HB 1058 as found on pages 377 to 381 of the House Journal; also

     Education on HB 1200 as found on page 382 of the House Journal; also

     Education on HB 1210 as found on page 382 of the House Journal; also

     Education on HB 1257 as found on page 383 of the House Journal; also

     Taxation on HB 1005 as found on pages 402 and 403 of the House Journal; also

     Commerce on HB 1102 as found on page 404 of the House Journal; also

     Commerce on HB 1288 as found on page 404 of the House Journal; also

     Local Government on HB 1134 as found on page 405 of the House Journal; also

     Local Government on HB 1237 as found on pages 405 and 406 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1224: FOR AN ACT ENTITLED, An Act to exempt certain church plans from certain insurance provisions.

Was read the second time.

     The question being "Shall HB 1224 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 5, Absent and Not Voting 2

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

Excused were:
Derby; Koehn; McNenny; Smidt; Solum

Absent and Not Voting were:
Burg; 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.

Rep. Napoli requested that SB 33 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1066: FOR AN ACT ENTITLED, An Act to criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

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

Speaker Pro tempore Eccarius now presiding.

The question being "Shall HB 1066 pass?"

And the roll being called:

Yeas 63, Nays 2, Excused 5, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Kooistra; Napoli

Excused were:
Derby; Koehn; McNenny; Smidt; 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 1196: FOR AN ACT ENTITLED, An Act to exempt certain mentally retarded persons from the death penalty and to provide for a determination of mental retardation in such cases.

Was read the second time.

1196fa

Rep. Wilson moved that HB 1196 be amended as follows:

On page 2 , line 11 of the printed bill , delete " a separate sentencing proceeding " and insert " the sentencing phase of trial " .

On page 2 , line 25 , delete " Within six months of " .

On page 3 , delete lines 1 to 3 , inclusive .

On page 3 , after line 22 , insert:

" Section 7. That chapter 23A-27A be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act are essentially and inseparably connected and interdependent. "

Which motion prevailed and HB 1196 was so amended.

Rep. Cutler now presiding.

     The question being "Shall HB 1196 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 30, Excused 5, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Duenwald; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Heineman; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Putnam; Richter; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Nays were:
Apa; Broderick; Brooks; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; Monroe; Napoli; Peterson; Pummel; Sebert; Slaughter; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

Excused were:
Derby; Koehn; McNenny; Smidt; Solum

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

Rep. Wilson announced his intention to reconsider the vote by which HB 1196 was lost.

HB 1239: FOR AN ACT ENTITLED, An Act to limit the use of mechanical restraints in juvenile correctional facilities.

Was read the second time.

Rep. Roe now presiding.

1239mb

Rep. Fischer-Clemens moved that HB 1239 be amended as follows:

On page 1 , line 6 of the printed bill , delete " mechanical " .

On page 1 , line 9 , delete everything after " (2) " and insert " As a precaution against escape or to prevent an escape; " .

On page 1 , line 10 , delete everything after " (3) " and insert " To prevent imminent property damages; or " .

On page 1 , line 10 , before " . " insert " ;

(4) When reasonable under emergency circumstances " .

On page 1 , after line 10 , insert:

" For purposes of this Act, restraints are handcuffs, legcuffs, restraint belts, and tethers made of fabric, metal, plastic, or leather; restraint boards, restraint chairs, swaddle beds, and mechanisms to secure cuffs to a bed, restraint board, or chair.

Section 2. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

Any juvenile correctional officer shall complete four hours of instruction regarding domestic abuse and violence. The instruction content shall be approved by the corrections commission established in § 1-15-1.13.

Section 3. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

The Department of Social Services shall reimburse the Department of Corrections for any domestic abuse and violence training as prescribed in section 2 of this Act. The Department of Social Services shall use funding received from the Violence Against Women Act, set out in Title IV of the Violent Crime Control and Law Enforcement Act of 1994. "

1239x

Rep. Koskan moved as a substitute motion that HB 1239 be amended as follows:

On page 1 , line 7 of the printed bill , delete " except: " and insert " for the purposes of punishment. "

On page 1 , delete lines 8 to 10 , inclusive .

     Rep. Napoli moved that HB 1239 with pending amendments be laid on the table.

     The question being on Rep. Napoli's motion that HB 1239 with pending amendments be laid on the table.

     And the roll being called:

     Yeas 22, Nays 42, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Diedtrich (Elmer); Duenwald; Fryslie; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Konold; Koskan; Lintz; McCoy; McNenny; Napoli; Putnam; Sebert; Slaughter; Wetz; Wudel

Nays were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Klaudt; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young; Speaker Hunt

Excused were:
Derby; Duniphan; Koehn; Smidt; Solum

     Absent and Not Voting were:
Eccarius

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

     The question being on Rep. Koskan's substitute motion that HB 1239 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 31, Nays 33, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Clark; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Fitzgerald; Fryslie; Heineman; Hennies; Juhnke; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Pummel; Putnam; Sebert; Slaughter; Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Engbrecht; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Jaspers; Kazmerzak; Klaudt; Koetzle; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Richter; Roe; Sutton (Daniel); Volesky; Waltman; Wilson

Excused were:
Derby; Duniphan; Eccarius; Koehn; Smidt; Solum

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

The question being on Rep. Fischer-Clemens' motion to amend HB 1239.

Which motion lost.

1239xa

Rep. Volesky moved that HB 1239 be amended as follows:

On page 1 , after line 10 of the printed bill , insert:

" Section 2. A violation of this section is a Class 1 misdemeanor. "

The question being on Rep. Volesky's motion that HB 1239 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 28, Nays 36, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Fischer- Clemens; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Putnam; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Nays were:
Apa; Brooks; Clark; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Richter; Sebert; Slaughter; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

Excused were:
Derby; Duniphan; Eccarius; Koehn; Smidt; Solum

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

1239mc

Rep. Wilson moved that HB 1239 be amended as follows:

On page 1 , line 6 of the printed bill , delete " mechanical " .

On page 1 , line 9 , delete everything after " (2) " and insert " As a precaution against escape or to prevent an escape; " .

On page 1 , line 10 , delete everything after " (3) " and insert " To prevent imminent property damages; or " .

On page 1 , after line 10 , insert:

Section 2. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

Section 3. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

1239md

Rep. Richard Brown moved as a substitute motion that HB 1239 be amended as follows:

On page 1 , line 6 of the printed bill , delete " mechanical " .

On page 1 , line 9 , delete everything after " (2) " and insert " As a precaution against escape or to prevent an escape; " .

On page 1 , line 10 , delete everything after " (3) " and insert " To prevent imminent property damages; or " .

On page 1 , line 10 , before " . " insert:

"(4) When reasonable under emergency circumstances.

On page 1 , after line 10 , insert:

Section 2. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

Any juvenile correctional officer shall complete three hours of instruction regarding domestic abuse and domestic violence. The instruction content shall be approved by the corrections commission established in § 1-15-1.13.

Section 3. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

The Department of Social Services shall reimburse the Department of Corrections for any domestic abuse and domestic violence training as prescribed in section 2 of this Act. The Department of Social Services shall use funding received from the Violence Against Women Act, set out in Title IV of the Violent Crime Control and Law Enforcement Act of 1994. "

The question being on Rep. Richard Brown's substitute motion that HB 1239 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 54, Nays 11, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Hagen; Haley; Koetzle; Koskan; Lucas; Michels; Nachtigal; Napoli; Slaughter; Volesky; Wilson

Excused were:
Derby; Duniphan; Koehn; Smidt; Solum

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1239 was so amended.

Rep. Peterson moved the previous question.

Which motion prevailed.

The question being "Shall HB 1239 pass as amended?"

And the roll being called:

Yeas 57, Nays 7, Excused 5, 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; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Richter; Roe; Sebert; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Earley; Koskan; Monroe; Napoli; Slaughter; Wetz; Young

Excused were:
Derby; Duniphan; Koehn; Smidt; Solum

Absent and Not Voting were:
Pummel

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 1272: FOR AN ACT ENTITLED, An Act to provide for periodic judicial review of status of children in custody of the Department of Corrections.

Was read the second time.

     The question being "Shall HB 1272 pass?"

     And the roll being called:

     Yeas 57, Nays 7, Excused 6, Absent and Not Voting 0

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

Nays were:
Duenwald; Earley; Jaspers; Juhnke; Koskan; Wetz; Young

Excused were:
Brown (Jarvis); Derby; Duniphan; Koehn; Smidt; 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.

Speaker Hunt now presiding.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1166, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1166ma

On page 2 , after line 4 of the printed bill , insert:

" Section 4. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

Section 5. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

The Department of Social Services shall reimburse the Department of Corrections for any domestic abuse and violence training as prescribed in section 4 of this Act. The Department of Social Services shall use funding received from the Violence Against Women Act, set out in Title IV of the Violent Crime Control and Law Enforcement Act of 1994. "

1166ob

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

" Section 1. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

Section 2. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as follows:

The Department of Social Services shall reimburse the Department of Corrections for any domestic abuse and violence training as prescribed in section 1 of this Act. The Department of Social Services shall use funding received from the Violence Against Women Act, set out in Title IV of the Violent Crime Control and Law Enforcement Act of 1994."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill be amended as follows:

1266ra

On page 1 , line 6 of the printed bill , delete " fifty " and insert " seventy " .

On page 1 , line 8 , delete " Thirty-five " and insert " Fifty-five " .

On page 2 , line 2 , delete " ten " and insert " forty " .

On page 2 , line 3 , delete " one-half " and insert " ten dollars " .

On page 2 , line 4 , delete " one-half " and insert " thirty dollars " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1177 which was deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

HB 1069: FOR AN ACT ENTITLED, An Act to exempt certain transportation services from sales and use tax.

Was read the second time.

Rep. Richter moved that HB 1069, 1075, and 1207 be placed to follow HB 1236 on today's calendar.

Which motion prevailed and the bills were so placed.

HB 1126: FOR AN ACT ENTITLED, An Act to clarify the provision of municipal water and sewer services outside of municipal boundaries.

Was read the second time.

     The question being "Shall HB 1126 pass?"

     And the roll being called:

     Yeas 60, Nays 3, Excused 7, Absent and Not Voting 0

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

Nays were:
Eccarius; Fiegen; Wetz

Excused were:
Clark; Derby; Duniphan; Koehn; Koetzle; Smidt; 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 1179: FOR AN ACT ENTITLED, An Act to revise the rate of interest on property tax certificates and delinquent taxes.

Was read the second time.

Rep. Napoli moved that HB 1179 be placed to follow HB 1207 on today's calendar.

Which motion prevailed and the bill was so placed.

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 45, Nays 19, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Putnam; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

Nays were:
Apa; Clark; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Klaudt; Koskan; McCoy; Michels; Napoli; Richter; Young; Speaker Hunt

     Excused were:
Derby; Duniphan; Koehn; Pummel; Smidt; 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 1018: FOR AN ACT ENTITLED, An Act to transfer certain funds from the South Dakota Building Authority to the South Dakota Health and Education Facilities Authority.

Was read the second time.

     The question being "Shall HB 1018 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 1, Excused 6, 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; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Klaudt

Excused were:
Derby; Duniphan; Koehn; Pummel; Smidt; Solum

Absent and Not Voting were:
Hagen

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

HB 1117: FOR AN ACT ENTITLED, An Act to require municipalities to maintain water and sewer connections and to limit the ability to charge an abutting property owner.

Was read the second time.

1117x

Rep. Napoli moved that HB 1117 be amended as follows:

On page 1 , line 8 of the House Local Government committee engrossed bill , delete " lot line " and insert " curb stop " .

On page 1 , line 15 , delete " lot line " and insert " curb stop " .

Which motion prevailed and HB 1117 was so amended.

The question being "Shall HB 1117 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 38, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Burg; Cutler; Davis; Duenwald; Earley; Eccarius; Fitzgerald; Fryslie; Hagen; Jaspers; Juhnke; Kazmerzak; Klaudt; Koskan; Lintz; Lucas; McCoy; McNenny; Monroe; Napoli; Putnam; Roe; Sutton (Daniel); Weber

Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fischer-Clemens; Garnos; Haley; Hanson; Heineman; Hennies; Koetzle; Konold; Kooistra; Lockner; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Richter; Sebert; Slaughter; Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Derby; Duniphan; Koehn; Pummel; Smidt; Solum

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

HB 1215: FOR AN ACT ENTITLED, An Act to allow contracts or agreements between governmental entities to be exempt from certain conflicts of interest.

Was read the second time.

     The question being "Shall HB 1215 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 10, Excused 7, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Clark; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Apa; Burg; Cerny; Crisp; Fischer-Clemens; Hanson; Kazmerzak; Koetzle; Konold; Wetz

Excused were:
Derby; Duniphan; Koehn; McNenny; Pummel; Smidt; 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 1293: FOR AN ACT ENTITLED, An Act to revise the procedure to determine if real estate taxes have been paid before the date due.

Was read the second time.

Rep. Putnam moved that HB 1293 be deferred until Monday, February 7th, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

Rep. Cutler moved that HB 1133, 1154, 1185, 1253, 1308, 1211, 1203, 1317, 1194, 1175, 1178, 1006, 1212, 1305, 1236, 1069, 1075, 1207, and 1179 be deferred until Monday, February 7th, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 178: FOR AN ACT ENTITLED, An Act to revise the school term.

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

SB 191: FOR AN ACT ENTITLED, An Act to revise the income eligibility requirements for property tax and sales tax refunds.

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

SB 205: FOR AN ACT ENTITLED, An Act to provide management authority to the Department of Game, Fish and Parks over certain property being acquired from the United States.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 21, 1, and 34 be deferred until Monday, February 7th, the 20th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1009, 1054, 1060, and 1118 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1009: FOR AN ACT ENTITLED, An Act to redefine what marks are prohibited on a ballot and to require the county auditor to provide certain directions in conducting a recount.

     HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions related to expenses and compensation of water development district board members.

     HB 1060: FOR AN ACT ENTITLED, An Act to revise the standards of review for findings of fact.

     HB 1118: FOR AN ACT ENTITLED, An Act to require candidates for county commissioner to be residents of the district when signing the declaration of candidacy.

     And signed the same in the presence of the House.

Rep. Earley moved that the House do now adjourn, which motion prevailed, and at 3:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk