House Journal 02/17/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 17, 2000

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Laura Harmon.

     Roll Call: All members present except Reps. Crisp, Solum, Dan Sutton, and Young 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 twenty-seventh 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.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved HB 1071, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 181 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , after line 9 of the printed bill , insert:

" Section 2. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "General enrollment average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition, except pupils for whom the district pays tuition pursuant to § 13-28-42;

(1A) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily

membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

(2) "Adjusted average daily membership," calculated as follows:

(a) For districts with a general enrollment average daily membership of two hundred or less, multiply 1.2 times the general enrollment average daily membership;

(b) For districts with a general enrollment average daily membership of less than six hundred, but greater than two hundred, raise the general enrollment average daily membership to the 0.8293 power and multiply the result times 2.98;

(c) For districts with a general enrollment average daily membership of six hundred or more, multiply 1.0 times their general enrollment average daily membership;

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

(4) "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year ~~1998~~ 2001 , beginning on July 1, ~~1997~~ 2000 , the per student allocation shall be ~~$3,350 increased by the index factor~~ $3,734 . 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 3. Each school district shall use any funds that it may receive as a result of the increase in the per student allocation as provided in this Act to increase salaries of personnel employed by the school district.

Section 4. The Department of Education and Cultural Affairs shall certify the increase in state aid to education attributable to the increase in the per student allocation as provided in this Act to each school district.

Section 5. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

For the state aid to education distribution for the fiscal year ending June 30, 2001, a school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds one hundred percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed. For the state aid to education distribution for the fiscal year ending June 30, 2002, a school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds seventy-five percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed. For the state aid to education distribution for the fiscal year ending June 30, 2003, a school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds fifty percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed. For the state aid to education distribution for the fiscal year ending June 30, 2004, and thereafter, a school district's entitlement for state aid provided for in this chapter shall be reduced by the amount by which the school district's ending general fund balance exceeds thirty percent of its general fund expenditures or two hundred fifty thousand dollars, whichever is greater, for the school fiscal year prior to the school fiscal year for which state aid to education is to be distributed.

Section 6. Any money that is reduced from a school district's entitlement as provided by this Act shall be deposited into the education improvement fund which is hereby created as a special fund in the state treasury. The expenditure of any money out of the education improvement fund requires specific approval through an enactment of the Legislature. The Legislature may appropriate money out of the education improvement fund for purposes deemed by the Legislature to improve the overall quality of elementary and secondary education in South Dakota.

Section 7. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

No money appropriated for general state aid to education that is in excess of the amount required to provide each school district its entitlement that results from errors in the estimates of average daily membership or of assessed valuations may be transferred out of the state aid to general education program. Such money shall revert to the general fund at the end of the fiscal year and notwithstanding § 4-7-32 or 4-7-39, such money may not be transferred to the budget reserve fund or to the property tax reduction fund.

Section 8. The Department of Education and Cultural Affairs may promulgate rules pursuant to chapter 1-26 to define general fund balances for the purposes for which the term is used in this Act. "

On page 1 , line 2 of the printed bill , after " aid " insert " , to revise the calculation of state aid to education, to provide additional funds for education salaries, to reduce state aid to education for certain school districts, and to provide that certain funds remain in the general fund " .

And that as so amended said bill do pass.

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

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 182 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , delete line 6 of the Senate engrossed bill , and insert:

" Any person, who is actively engaged in agriculture, has established on their privately- owned fee title property, classified as agricultural land pursuant to § 10-6-31.3, and "

On page 1 , line 7 , delete " water no-use " and insert " restricted " .

On page 1 , line 9 , after " dwelling " insert " located thereon " .

On page 1 , line 9 , delete " or use " .

On page 1 , line 10 , delete " water no-use zone " and insert " restricted zone for the purposes of hunting, fishing, or trapping " .

On page 1 , line 12 , delete " water no-use " and insert " restricted " .

On page 1 , line 14 , delete " no-use " and insert " restricted " .

On page 1 , line 15 , after " person's " insert " applicable " .

On page 1 , delete line 16 , and insert " privileges in South Dakota are automatically revoked without further hearing for a period of one year following date of conviction as provided for in § 41-6-74.3. Nothing in this section affects the public use of all rivers and streams. "

On page 1 , line 1 of the Senate engrossed bill , delete " no-use " and insert " restricted " .

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 HCR 1016 and returns the same with the recommendation that said resolution be amended as follows:

On page 668 , line 18 of the House Journal , delete " Agricultural " and insert " Agriculture " .

And that as so amended said resolution be adopted.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 1 and 5 and returns the same with the recommendation that said resolutions be concurred in.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1015 which was deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 169, 5, 70, 77, and 90 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 SB 152 and 96 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 Commerce respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 9 of the printed bill , delete " limitation, " and insert " limitation and " .

On page 1 , line 9 , delete " can " and insert " may " .

On page 1 , line 10 , delete " that " and insert " the " .

On page 1 , line 10 , delete " significant " .

On page 1 , line 10 , delete " , and that other policies, contracts, or " and insert " . " .

On page 1 , delete line 11 .

On page 1 , line 12 , delete " amounts. "

On line 4 of the pending amendment (73ja), after "significant" insert "and insert "additional"".

And that as so amended said bill do pass.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
John Koskan, Chair

The Speaker introduced Kate Monson, South Dakota Girls' State Governor from Beresford, South Dakota, and Andy T. Wiswall, South Dakota Boys' State Governor from Sioux Falls, South Dakota.

The Speaker introduced the Honorable Tim Johnson, United States Senator from South Dakota, who spoke briefly.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1149, 1154, 1191, 1203, 1205, 1210, 1214, 1224, 1260, 1296, 1300, 1309, and 1315 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1111, 1165, and 1277 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1004, 1005, and 1007 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 6 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

The Speaker introduced the Honorable John Thune, United States Representative from South Dakota, who spoke briefly.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 59 and 97.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Albers, Bogue, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1122.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Wetz moved that the House do not concur in Senate amendments to HB 1096 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Wetz, Brooks, and Lucas.

     Rep. Michels moved that the House do concur in Senate amendments to HB 1101.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1101.

     And the roll being called:

     Yeas 52, Nays 14, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McIntyre; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Fryslie; Hagen; Haley; Kazmerzak; Klaudt; Koehn; Koetzle; Lintz; Lockner; Lucas; Munson (Donald); Nachtigal; Patterson; Waltman

Excused were:
Crisp; Solum; Sutton (Daniel); Young

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Wilson moved that the House do concur in Senate amendments to HB 1194.

     The question being on Rep. Wilson's motion that the House do concur in Senate amendments to HB 1194.

     And the roll being called:

     Yeas 64, Nays 1, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Duenwald

Excused were:
Crisp; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Derby moved that the House do concur in Senate amendments to HB 1293.

     The question being on Rep. Derby's motion that the House do concur in Senate amendments to HB 1293.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; 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; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Brooks; Juhnke

Excused were:
Crisp; Koehn; Solum; Sutton (Daniel); Young

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Yesterday, Rep. Larry Diedrich announced his intention to reconsider the vote by which SB 104 was lost.

     Rep. Larry Diedrich moved to reconsider the vote by which SB 104 was lost.

     The question being on Rep. Larry Diedrich's motion to reconsider the vote by which SB 104 was lost.

     And the roll being called:

     Yeas 61, Nays 2, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Fiegen; Hagen

Excused were:
Crisp; Koehn; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Derby; Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 104 was up for reconsideration and final passage.

SB 104: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

Rep. Larry Diedrich moved that SB 104 be amended as follows:

On page 698 of the House Journal, delete lines 19 to 21, inclusive.

Which motion prevailed and SB 104 was so amended.

     The question being "Shall SB 104 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 5, Absent and Not Voting 1

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

Nays were:
Napoli

Excused were:
Crisp; Koehn; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Derby

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.

Rep. Roe moved that the Committee on Transportation be instructed to deliver SB 203 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was not supported.

Rep. Fischer-Clemens moved that the Committee on Taxation be instructed to deliver SB 69 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

     Rep. Weber moved that the Committee on Agriculture and Natural Resources be instructed to deliver HCR 1015 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. Weber's motion that the Committee on Agriculture and Natural Resources be instructed to deliver HCR 1015 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 24, Nays 39, Excused 6, Absent and Not Voting 1

     Yeas were:
Cerny; Chicoine; Cutler; Davis; Diedtrich (Elmer); Engbrecht; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koetzle; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Patterson; Volesky; Waltman; Weber; Wilson

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Jaspers; Juhnke; Konold; Kooistra; Koskan; McCoy; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Speaker Hunt

Excused were:
Crisp; Koehn; Monroe; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Fischer-Clemens

So the motion having received an affirmative vote of one-third of the members-elect, the Speaker declared the motion carried and the committee was so instructed.

SCR 6: A CONCURRENT RESOLUTION, Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.

Was read the first time and the Speaker waived the committee referral.

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 18th, the 29th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 195 as found on page 704 of the House Journal; also

     Judiciary on SB 60 as found on pages 704 to 706 of the House Journal; also

     Judiciary on SB 192 as found on pages 706 to 711 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 136: FOR AN ACT ENTITLED, An Act to prohibit certain activities regarding certain imported cigarettes or tobacco products.

Was read the second time.

     The question being "Shall SB 136 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); 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; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Excused were:
Crisp; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Duenwald

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

SB 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 second time.

     The question being "Shall SB 110 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Excused were:
Crisp; Solum; Sutton (Daniel); Young

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

SB 65: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to issue transporter plates for persons hauling new trailers or new or used manufactured or mobile homes.

Was read the second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; 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; 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; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

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.

SB 63: FOR AN ACT ENTITLED, An Act to clarify that the locality in which a person is apprehended for underage possession or consumption of alcoholic beverages has jurisdiction over the offense.

Was read the second time.

     The question being "Shall SB 63 pass?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 5, Absent and Not Voting 3

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

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Davis; Hennies; Napoli

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 19: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

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

Rep. Larry Diedrich moved that SB 19 be placed to follow SB 161 on today's calendar.

Which motion prevailed and the bill was so placed.

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.

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

Rep. Earley moved that SB 28 be deferred until Friday, February 18th, the 29th legislative day.

Which motion prevailed and the bill was so deferred.

SB 157: FOR AN ACT ENTITLED, An Act to clarify the reporting and collection of the telecommunications access fee for the deaf, hearing impaired, and speech impaired.

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

     The question being "Shall SB 157 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 5, Absent and Not Voting 1

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

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Napoli

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

SB 164: FOR AN ACT ENTITLED, An Act to establish qualifications for substitute teachers.

Was read the second time.

Rep. Lucas moved that SB 164 be amended as follows:

On page 1 , line 6 of the House Education committee engrossed bill , delete " nineteen " and insert " twenty-one " .

On page 1 , line 7 , after " age " insert " or at least nineteen years of age and currently enrolled in a degree program at a postsecondary institution " .

Rep. Sebert moved the previous question.

Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Lucas' motion that SB 164 be amended.

     And the roll being called:

     Yeas 34, Nays 29, Excused 6, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Patterson; Roe; Volesky; Waltman; Weber; Wilson; Speaker Hunt

Nays were:
Brooks; Clark; Duenwald; Duniphan; Earley; Eccarius; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Koskan; Lintz; McNenny; Michels; Monroe; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel

Excused were:
Crisp; Derby; Hagen; Solum; Sutton (Daniel); Young

Absent and Not Voting were:
Napoli

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 164 was so amended.

     The question being "Shall SB 164 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 36, Excused 5, Absent and Not Voting 0

     Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Diedrich (Larry); Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Volesky; Waltman; Weber; Wilson

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Clark; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fryslie; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Speaker Hunt

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Young

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

Rep. Richard Brown announced his intention to reconsider the vote by which SB 164 was lost.

Rep. Larry Diedrich moved that the House do now consider SB 19.

Which motion prevailed.

SB 19: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

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

     The question being "Shall SB 19 pass?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 6, Absent and Not Voting 2

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

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Wudel; Young

Absent and Not Voting were:
McNenny; Napoli

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. Cutler moved that SB 138, 30, 51, 206, 109, 197, and 161 be deferred until Friday, February 18th, the 29th legislative day.

Which motion prevailed and the bills were so deferred.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Madden, Whiting, and Dennert as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1096.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1023, 1026, 1028, 1095, 1149, 1154, 1191, 1193, 1203, 1205, 1210, 1214, 1224, 1260, 1296, 1300, 1309, and 1315 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1195, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and returned the same to his Excellency, the Governor, for his approval at 2:15 p.m., February 17, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1010: FOR AN ACT ENTITLED, An Act to revise certain procedures for the formation and adjustment of boundaries of certain special districts.

     HB 1023: FOR AN ACT ENTITLED, An Act to prohibit the use of certain equipment in hunting activities at night, to provide certain exemptions from such prohibition, and to revise a related penalty.

     HB 1026: FOR AN ACT ENTITLED, An Act to revise certain bonding procedures and the annual fee of agents who sell hunting and fishing licenses for the Department of Game, Fish and Parks.

     HB 1028: FOR AN ACT ENTITLED, An Act to permit the provision of certain drugs and drug samples by physician assistants, nurse practitioners, and nurse midwives.

     HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of simulcast racing operations.

     HB 1055: FOR AN ACT ENTITLED, An Act to provide for the finalization of proceedings for termination of parental rights under certain circumstances.

HB 1064: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

     HB 1065: FOR AN ACT ENTITLED, An Act to prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

     HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of property seized by law enforcement agencies.

     HB 1092: FOR AN ACT ENTITLED, An Act to provide for the regulation of home inspectors.

     HB 1095: FOR AN ACT ENTITLED, An Act to authorize professional corporations, limited liability companies, or limited liability partnerships owned by certain health care professionals of more than one profession.

     HB 1108: FOR AN ACT ENTITLED, An Act to revise certain planning and zoning provisions.

     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.

     HB 1110: FOR AN ACT ENTITLED, An Act to prohibit the use of the internet for certain gambling activities.

     HB 1112: FOR AN ACT ENTITLED, An Act to authorize a merchant to detain certain persons who are under legal age and who have illegally purchased, attempted to purchase, or possess alcoholic beverages or tobacco products.

     HB 1138: FOR AN ACT ENTITLED, An Act to revise the purposes for which a change of venue may be granted in an administrative appeal to the circuit court.

     HB 1146: FOR AN ACT ENTITLED, An Act to provide a procedure for the collection of delinquent taxes on leased sites and to revise the notice and publication of delinquent taxes.

     HB 1149: FOR AN ACT ENTITLED, An Act to define the term, residential rental agent.

     HB 1154: FOR AN ACT ENTITLED, An Act to provide for the provisional licensure of psychologists during the one-year supervised postdoctoral psychological experience.

     HB 1167: FOR AN ACT ENTITLED, An Act to create a rebuttable presumption that the removal of certain property from the state without payment constitutes theft.

     HB 1171: FOR AN ACT ENTITLED, An Act to define the term, fetus.

     HB 1175: FOR AN ACT ENTITLED, An Act to authorize the Division of Insurance to promulgate rules regarding the privacy of medical records.

     HB 1187: FOR AN ACT ENTITLED, An Act to clarify the time of filing petitions for adoption.

     HB 1191: FOR AN ACT ENTITLED, An Act to revise the number of temporary on-sale licenses that may be issued by municipalities.

     HB 1193: FOR AN ACT ENTITLED, An Act to clarify the authority of federally regulated charter bus service operators to provide charter bus services to schools.

     HB 1202: FOR AN ACT ENTITLED, An Act to provide a procedure for vehicle traffic when the traffic control lights are malfunctioning or inoperable.

     HB 1203: FOR AN ACT ENTITLED, An Act to revise certain notice requirements for accidents involving only damage to the motor vehicle of the driver.

     HB 1205: FOR AN ACT ENTITLED, An Act to revise certain requirements for moving mobile homes or manufactured homes.

     HB 1210: FOR AN ACT ENTITLED, An Act to modify contract renewal provisions for school district food service purchases and to declare an emergency.

     HB 1214: FOR AN ACT ENTITLED, An Act to revise certain segments of the state trunk highway system.

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

     HB 1229: FOR AN ACT ENTITLED, An Act to designate kuchen as the official state dessert.

     HB 1238: FOR AN ACT ENTITLED, An Act to provide that a temporary restraining order may extend beyond thirty days in certain circumstances.

     HB 1256: FOR AN ACT ENTITLED, An Act to revise the time for assigning commissioner responsibilities in municipalities operating under the commissioner form of government.

     HB 1260: FOR AN ACT ENTITLED, An Act to increase the authorized number of nonresident waterfowl hunting licenses.

     HB 1279: FOR AN ACT ENTITLED, An Act to provide penalties for certain violations of cremation laws.

     HB 1296: FOR AN ACT ENTITLED, An Act to revise the requirements for motorcycle mufflers.

     HB 1300: FOR AN ACT ENTITLED, An Act to create an office of agricultural policy.

     HB 1306: FOR AN ACT ENTITLED, An Act to prospectively apply the annual increase in workers' compensation benefits to certain disabilities.

     HB 1309: FOR AN ACT ENTITLED, An Act to revise the licensure renewal date for chiropractors.

     HB 1315: FOR AN ACT ENTITLED, An Act to authorize use of special education funds for initiatives at the South Dakota School for the Blind and the Visually Impaired and the South Dakota School for the Deaf.

     SB 6: FOR AN ACT ENTITLED, An Act to provide for the increase of Class A employee and employer contributions to the South Dakota Retirement System.

     SB 7: FOR AN ACT ENTITLED, An Act to remove the legal presumption of correctness which attaches to the assessed valuation determined by the director of equalization.

     SB 9: FOR AN ACT ENTITLED, An Act to provide for the extension of certain definitions relating to tax assessments.

     SB 11: FOR AN ACT ENTITLED, An Act to require annual training and testing for county veterans' service officers and to grant rule-making authority to the Division of Veterans Affairs.

     SB 14: FOR AN ACT ENTITLED, An Act to revise the opening and closing times for polls.

     SB 15: FOR AN ACT ENTITLED, An Act to define who may be appointed as a member of the precinct election board if a list is not provided by a party's county central committee.

     SB 17: FOR AN ACT ENTITLED, An Act to remove the Aberdeen ambulance attendants as Class B members of the South Dakota Retirement System.

     SB 20: FOR AN ACT ENTITLED, An Act to provide for the crime of identity theft.

     SB 34: FOR AN ACT ENTITLED, An Act to eliminate differential treatment between insurance licensees and to allow monetary penalties in lieu of licensure denial.

     SB 35: FOR AN ACT ENTITLED, An Act to provide for additional grounds for an order of ineligibility for a surplus lines insurer.

     SB 37: FOR AN ACT ENTITLED, An Act to change the expiration period for certain temporary cosmetology permits.

     SB 38: FOR AN ACT ENTITLED, An Act to repeal the requirement that the Department of Human Services establish a training program for interpreters for the deaf.

SB 42: FOR AN ACT ENTITLED, An Act to require varicella immunization for school entry.

     SB 44: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate administrative rules regarding access to state highways.

     SB 45: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter into a multi- state compact for the development, implementation, and administration of a simplified sales and use tax collection system.

     SB 48: FOR AN ACT ENTITLED, An Act to establish the crime of criminal exposure to HIV and to provide a penalty therefor.

     SB 52: FOR AN ACT ENTITLED, An Act to revise the composition of local industrial development corporations.

     SB 55: FOR AN ACT ENTITLED, An Act to revise certain administrative rules with regard to minimum medication administration training for adjustment training center employees.

     SB 56: FOR AN ACT ENTITLED, An Act to allow municipal sewer charges to be based on the use or consumption of water.

     SB 62: FOR AN ACT ENTITLED, An Act to provide that sexual penetration with a minor stepchild is rape in the third degree.

     SB 74: FOR AN ACT ENTITLED, An Act to require a report in certain circumstances when an audit finding reoccurs.

     SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Insurance Guaranty Association.

     SB 78: FOR AN ACT ENTITLED, An Act to regulate the transfer, assignment, or sale of a motor vehicle franchise agreement or controlling interest in a motor vehicle dealership.

     SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to notice or nonrenewal of automobile policies.

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

     SB 84: FOR AN ACT ENTITLED, An Act to regulate the ownership of motor vehicle dealerships.

     SB 86: FOR AN ACT ENTITLED, An Act to exempt certain traffic violations from the requirement that a restricted minor's permit be suspended.

     SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period to collect signatures for initiative petitions and initiated constitutional amendment petitions.

     SB 94: FOR AN ACT ENTITLED, An Act to revise the procedure for the combined description of lots or tracts assessed to the same person in the same block for tax purposes.

     SB 98: FOR AN ACT ENTITLED, An Act to revise the method of taxing a leased motor vehicle.

     SB 99: FOR AN ACT ENTITLED, An Act to revise the definition of rental vehicle for the purposes of implementing the excise tax on motor vehicles.

     SB 103: FOR AN ACT ENTITLED, An Act to revise the process and requirements for changing the form of municipal government.

     SB 111: FOR AN ACT ENTITLED, An Act to provide that a regulated lender has no duty to provide information about its customers unless required by legal process.

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

     SB 140: FOR AN ACT ENTITLED, An Act to increase certain liquidated court costs for indigent defense.

     SB 151: FOR AN ACT ENTITLED, An Act to clarify what property a municipality may donate to a nonprofit corporation and how that property may be used by the nonprofit corporation.

     SB 154: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to notice to parties in estate litigation.

     SB 163: FOR AN ACT ENTITLED, An Act to establish guidelines for the management and use of investments held by certain eleemosynary institutions and funds.

     SB 167: FOR AN ACT ENTITLED, An Act to clarify who is responsible to file the return and remit the sales tax due from auctions.

     SB 172: FOR AN ACT ENTITLED, An Act to define long-term substitute teachers and to require certain reporting on the use of long-term substitute teachers.

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

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

     SB 190: FOR AN ACT ENTITLED, An Act to allow the electronic storage of public records.

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

     SB 193: FOR AN ACT ENTITLED, An Act to establish certain requirements and procedures regarding electronic transactions.

     SB 200: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for the elderly and disabled persons.

     SB 201: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     And signed the same in the presence of the House.

In this the Seventy-fifth Legislative Session in the year 2000, Rep. Richard Brown, captain of the House basketball team, proudly reported that the House team had defeated the Senate team by a score of 97 to 94 in the 3rd Annual House/Senate Basketball Game to benefit the Kids Voting South Dakota Program.

Rep. Kazmerzak moved that the House do now adjourn, which motion prevailed, and at 4:37 p.m. the House adjourned.

Karen Gerdes, Chief Clerk