House Journal 02/18/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

TWENTY-NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 18, 2000

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

     The prayer was offered by the Chaplain, Pastor Daniel Carlson, followed by the Pledge of Allegiance led by House page Chelsey Satrang.

     Roll Call: All members present except Reps. Crisp, Solum, Dan Sutton, Duane Sutton, Wetz, 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-eighth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1015, which was reconsidered, and returns the same with the recommendation that said resolution be amended as follows:

c1015ta

On page 630 , line 13 of the House Journal , delete " will " and insert " may " .

On page 630 , line 26 , delete " and, if federal " .

On page 630 , delete line 27 .

On page 630 , line 28 , delete " exceed ten acres in size " .

And that as so amended said resolution not be adopted.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 93 and returns the same with the recommendation that said bill be amended as follows:

93fa

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

" Section 1. That § 32-11-2 be amended to read as follows:

32-11-2. The funds credited to the county road and bridge fund pursuant to § 32-11-4.2 shall be used by the board of county commissioners for grading, constructing, planing, dragging, and maintaining county highways ~~outside the limits of municipalities~~ and also for dragging, maintaining, and grading secondary roads. Proper equipment for dragging, grading, and maintaining highways, such as graders, tractors, drags, maintainers, and planers may be purchased from such county road and bridge fund.

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. "

93fta

On page 1 , line 1 of the Senate engrossed bill , delete everything after " to " and insert " revise the provisions limiting the expenditure of county road and bridge funds and to declare an emergency. " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 209 which was deferred to the 36th legislative day.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill be amended as follows:

124ja

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

" Section 1. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

Terms used in this Act mean:

(1) "Department," the Department of Social Services;

(2) "Fiscal period," up to a twelve-month period determined by the department;

(3) "Funding pool," pool of funds established in accordance with section 2 of this Act;

(4) "Intergovernmental transfer fund," the fund established to hold the federal portion of the monetary difference between the medicaid payment and the medicare upper limits maximum allowable reimbursement, less transaction fees paid to publicly owned and operated nursing facilities;

(5) "Medical assistance," the medicaid program authorized by Title XIX of the Social Security Act, 42 U.S.C.1396d, as amended through January 1, 2000, which provides medical assistance to eligible individuals and is operated under § 28-6-1;

(6) "Medicare," the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965 and as amended through January 1, 2000;

(7) "Nursing facility," any facility participating in medicaid that is licensed, maintained, and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician twenty-four hours a day;

(8) "Political subdivision," any municipality or county;

(9) "Publicly owned and operated nursing facility," a nursing facility that is owned and operated by a political subdivision of the state and is participating in medicaid.

Section 2. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

The department shall establish a funding pool consisting of an amount annually calculated by multiplying the total of all medical assistance resident days of all nursing homes during the fiscal period during which a resident was eligible for and received benefits under chapter 28-6 times an amount that does not exceed the amount that can reasonably be estimated to be paid under payment principles established under medicare, reduced by the medical assistance payment rates set for each such resident, for each such day, during the fiscal period.

Section 3. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

In addition to any payment made pursuant to a rate set under this Act, and notwithstanding any other provision of this Act, the department shall pay to each publicly owned and operated nursing facility participating under the provisions of this Act an amount determined by:

(1) Dividing that facility's total medical assistance resident days for the fiscal period by the total medical assistance resident days of all publicly owned and operated nursing facilities participating under the provisions of this Act for the fiscal period; and

(2) Multiplying a decimal fraction determined under subdivision (1), times the funding pool amount determined under section 2 of this Act.

Section 4. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

Each publicly owned and operated nursing facility participating under the provisions of this Act, immediately upon receiving a payment under section 3 of this Act, shall remit the amount of that payment, less a transaction fee, to the department for credit to:

(1) The intergovernmental transfer fund in an amount equal to the applicable federal medical assistance percentage times the total remittance to the department, less the transaction fee; and

(2) The department's other funds for all remaining amounts.

Section 5. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other provision of law governing the operation of a publicly owned and operated nursing facility, a publicly owned and operated nursing facility participating under the provisions of this Act may receive and immediately upon receipt shall remit payments provided under section 3 and 4 of this Act. No payment is required under this section for any period in which the use of funds for the purposes of this Act are prohibited due to action by the secretary of the United States Department of Health and Human Services.

Section 6. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

There is hereby established in the state treasury a fund known as the intergovernmental transfer fund. The fund shall include revenue received from publicly owned and operated nursing facilities for remittance to the fund under section 4 of this Act. The department shall administer the fund and shall adopt procedures for participation by publicly owned and operated nursing facilities. All moneys designated for the fund from whatever source derived shall be deposited with the state treasurer in the intergovernmental transfer fund. The amounts in the intergovernmental transfer fund shall be invested pursuant to § § 4-5-23 and 4-5-26 and the earnings shall be deposited in the intergovernmental transfer fund.

Section 7. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

Funds appropriated to the department for purposes authorized under § 28-6-1 may be used for the purposes of making payments pursuant to section 3 of the Act each fiscal year.

Section 8. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

The department may promulgate rules pursuant to chapter 1-26 for the administration of this Act. The rules may include criteria for establishing, funding, and administering the pool, criteria for participation in the intergovernmental transfer, penalties for failing to immediately remit the funds to the department, criteria for the transfer of funds, the establishment of transaction fees, and other policies to facilitate the administration of the intergovernmental transfer fund or the funding pool.

Section 9. That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

This Act does not create an entitlement to any funds. The department may disburse funds to the extent funds are available and, within its discretion, to the extent such appropriations are approved. "

124jta

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " allow the transfer of funds from certain nursing facilities to the intergovernmental transfer fund. " .

And that as so amended said bill do pass.

Respectfully submitted,
Kristie K. Fiegen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 108 and returns the same with the recommendation that said bill be amended as follows:

108oa

On page 2 , line 5 of the Senate Judiciary committee engrossed bill , delete " services and " .

On page 2 , line 6 , delete " court or " .

On page 2 , line 8 , delete " court or " .

108of

On page 1 , line 5 of the Senate Judiciary committee engrossed bill , delete " court of competent jurisdiction " and insert " circuit court " .

On page 1 , line 8 , delete " twenty " and insert " eighty " .

108od

On page 1 , line 7 of the Senate Judiciary committee engrossed bill , after " person " insert " if the evidence in question has not already been subjected to DNA testing which was introduced at a prior proceeding " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 141 and returns the same with the recommendation that said bill be amended as follows:

141od

On page 2 , line 23 of the Senate engrossed bill , delete " probable " and insert " reasonable suspicion " .

On page 2 , line 24 , delete " cause " .

On page 4 , after line 15 , insert:

" Section 12. A person who knowingly hinders the lawful actions of the monitor or who knowingly refuses to comply with the lawful demands of the monitor, is guilty of a Class 1 misdemeanor.

Section 13. 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 monitor. A violation of this section is a Class 1 misdemeanor.

Section 14. Any report made to the monitor shall be kept confidential. "

141oh

On page 4 , delete lines 4 to 7 of the Senate engrossed bill , inclusive .

141oe

On the previously adopted amendment (141od) in Section 12, delete "or who knowingly refuses to comply with the lawful demands of the monitor,".

141mi

On page 3 , line 19 of the Senate engrossed bill , after " Corrections " insert " , the Government Operations and Audit Committee created in § 2-6-2, " .

On page 3 , line 19 , after " Governor " insert " , " .

On page 3 , delete lines 21 to 25 , inclusive .

On page 4 , delete lines 1 to 3 , inclusive .

On page 4 , after line 15 , insert:

" Section 12. That § 2-6-2 be amended to read as follows:

2-6-2. There shall be appointed at each regular session of the Legislature a government operations and audit committee of six, consisting of three members of the Senate appointed by the president pro tempore of the Senate and three members of the house appointed by the speaker of the house, for the purpose of inquiry and review of any phase of the operations and the fiscal affairs of any department, institution, board , or agency of the state, to review any

findings of abuse or neglect in a juvenile corrections facility, and to make a detailed report to the Senate and House of Representatives and submit a copy of its report to the appropriation committee of each house of the Legislature at the next succeeding session of the Legislature or any special session of the Legislature upon request of the body.

The Department of Legislative Audit shall provide assistance, including clerical help, to the committee upon request. "

141ol

In Section 14 of the previously adopted amendment (141od) delete "Any report made" and insert "The identity of the juvenile and of any person or agency making a report".

141ok

In Section 12 of the previously adopted amendment (141mi) after " facility, " insert " to make a continuing study of the operation of the state's correctional system, ".

141ota

On page 1 , line 1 of the Senate engrossed bill , delete " the South Dakota Corrections Committee and " .

On page 1 , line 2 , after " system " insert " and to provide for certain legislative review and study of the state's correctional system " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1014 and returns the same with the recommendation that said resolution be amended as follows:

c1014ja

On page 607 , line 12 of the House Journal , delete " veterans " and insert " veterans' " .

On page 607 , line 12 , after " hospitals " insert " , to encourage the efficient utilization of resources, and to provide funding " .

And that as so amended said resolution be adopted.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1017 which was deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1011 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1002, 1052, 1099, 1100, 1126, 1134, 1137, 1163, 1237, and 1284 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1156, 1212, and 1280 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     SCR 1: A CONCURRENT RESOLUTION, Requesting the federal government to honor certain state meat inspections in interstate commerce.

     Rep. Chicoine moved that SCR 1 as found on page 110 of the Senate Journal be concurred in.

     The question being on Rep. Chicoine's motion that SCR 1 be concurred in.

     And the roll being called:

Yeas 61, Nays 0, Excused 8, 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); 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; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Excused were:
Crisp; Michels; Richter; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

Absent and Not Voting were:
Koehn

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

     SCR 5: A CONCURRENT RESOLUTION, Expressing opposition to certain federal forestry policies and urging support of the Black Hills timber industry.

     Rep. Apa moved that SCR 5 as found on page 255 of the Senate Journal be concurred in.

     The question being on Rep. Apa's motion that SCR 5 be concurred in.

     And the roll being called:

     Yeas 59, Nays 1, Excused 8, Absent and Not Voting 2

     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; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Volesky; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Lucas

Excused were:
Crisp; Michels; Richter; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

     Absent and Not Voting were:
Koehn; Waltman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

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

Rep. Donald Munson moved that SCR 6 as found on page 269 of the Senate Journal be concurred in.

Rep. Cutler moved as a substitute motion that SCR 6 be deferred until Tuesday, February 22nd, the 30th legislative day.

Which motion prevailed and the resolution was so deferred.

Speaker Pro tempore Eccarius now presiding.

Rep. Hunt moved that the House do concur in Senate amendments to HB 1111.

Rep. Hennies moved as a substitute motion that the House do not concur in Senate amendments to HB 1111 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 Seante to adjust the differences between the two houses.

Which motion lost.

     The question being on Rep. Hunt's motion that the House do concur in Senate amendments to HB 1111.

     And the roll being called:

     Yeas 52, Nays 11, Excused 6, 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); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Hanson; Heineman; Jaspers; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Fischer-Clemens; Garnos; Hagen; Haley; Hennies; Klaudt; Koetzle; Lintz; Munson (Donald); Nachtigal; Napoli

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

Absent and Not Voting were:
Koehn

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. Michels moved that the House do concur in Senate amendments to HB 1277.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1277.

     And the roll being called:

     Yeas 62, Nays 1, Excused 7, 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; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Napoli

Excused were:
Crisp; Derby; Solum; Sutton (Daniel); Sutton (Duane); Wetz; 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. Koehn moved that the House do concur in Senate amendments to HB 1165.

     The question being on Rep. Koehn's motion that the House do concur in Senate amendments to HB 1165.

     And the roll being called:

Yeas 56, Nays 7, Excused 7, 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; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Volesky; Waltman; Weber; Wilson; Wudel

Nays were:
Earley; Fiegen; Juhnke; McCoy; Monroe; Nachtigal; Speaker Hunt

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

     Rep. Richard Brown moved to reconsider the vote by which SB 164 was lost.

     The question being on Rep. Richard Brown's motion to reconsider the vote by which SB 164 was lost.

     And the roll being called:

     Yeas 51, Nays 12, Excused 7, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Clark; Earley; Fryslie; Jaspers; Juhnke; Klaudt; Koskan; Michels; Monroe; Napoli; Peterson; Slaughter

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

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 164 was up for reconsideration and final passage.

Rep. Richard Brown moved that SB 164 be deferred until Wednesday, February 23rd, the 31st legislative day.

Which motion prevailed and the bill was so deferred.

HCR 1018 Introduced by: Representatives Koskan, Brown (Richard), Chicoine, Diedrich (Larry), Jaspers, Juhnke, Kazmerzak, Klaudt, McNenny, Pummel, Roe, and Smidt and Senators Drake, Benson, Frederick, and Kleven

A CONCURRENT RESOLUTION, Urging the United States Congress to fully implement tax, regulatory, risk management, and trade policy reform to allow the Freedom to Farm Act to perform as intended.

WHEREAS, the House Committee on Agriculture of the United States Congress intends to conduct hearings to review federal agriculture policy in 2000; and

WHEREAS, agriculture is the leading industry in South Dakota and our state is directly affected by federal agriculture policy; and

WHEREAS, the United States Senate has failed to address substantive federal crop insurance reform although the United States House of Representatives passed such legislation in 1999; and

WHEREAS, federal crop insurance reform should address multiple-year disasters which adversely affect crop production five-year averages, make crop insurance premiums more cost- effective, protect producers against declining prices and loss in farm revenue in addition to crop losses, and make available a higher combination of yield and price protection that would help extricate producers from government financial independence; and

WHEREAS, five firms control eighty percent of the beef packing market, six firms conduct seventy-five percent of the pork processing, and the four largest grain buyers control nearly forty percent of grain elevators and storage, the United States Congress should address changes in antitrust law to address increased concentration of agriculture industries; and

WHEREAS, the United States Congress has not enacted meaningful and reasonable regulatory reform in areas such as wetlands, endangered species, land use regulations, and public land use, which has perpetuated unnecessary costs and burdensome regulations for producers; and

WHEREAS, the United States Congress has not enacted necessary tax reform allowing producers to keep more of what they earn by reforming and reducing our complex and burdensome tax system; and

WHEREAS, over ninety-six percent of the world's population lives outside of America, the United States Congress should expand agriculture trade opportunities abroad for producers; and

WHEREAS, the United States Congress should repeal all agriculture embargoes and sanctions abroad as they destroy markets for United States producers and open markets for our foreign competitors; and

WHEREAS, the United States Congress should enact market-based solutions to depressed agriculture markets:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the United States Congress is urged to implement tax, regulatory, risk management, and trade policy reform to allow the Freedom to Farm Act to perform as its framers intended.

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

HCR 1019 Introduced by: Representatives Koehn, Broderick, Burg, Cerny, Chicoine, Davis, Diedrich (Larry), Diedtrich (Elmer), Engbrecht, Fiegen, Fischer-Clemens, Fryslie, Garnos, Hagen, Haley, Hanson, Kazmerzak, Klaudt, Koetzle, Kooistra, Lintz, Lockner, Lucas, McCoy, McIntyre, McNenny, Monroe, Nachtigal, Patterson, Roe, Sutton (Duane), Volesky, and Waltman and Senators Staggers, Albers, Dennert, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Kloucek, Lange, Lawler, Moore, Olson, Paisley, Reedy, Symens, and Valandra

A CONCURRENT RESOLUTION, Expressing the sorrow of the Legislature in the death of Gina Score.

WHEREAS, the tragic death of Gina Score has profoundly moved every caring South Dakotan; and

WHEREAS, it is beyond the power of any legislative body to reverse the sense of loss experienced by all those touched by the unfortunate event; and

WHEREAS, we humbly extend our condolences to her family and friends although we fully understand that any sentiments that we can express are wholly inadequate; and

WHEREAS, we cherish the hope that Gina's death will not be totally in vain, but will serve to rededicate this body to the well-being of our South Dakota children:

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 we solemnly declare our profound remorse on this sad occasion and join all other South Dakotans in sending our deepest sympathy to the Score family.

Was read the first time and referred to the Committee on Local Government.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on SB 23 as found on pages 714 to 717 of the House Journal; also

     Agriculture and Natural Resources on SB 182 as found on pages 717 and 718 of the House Journal; also

     Agriculture and Natural Resources on HCR 1016 as found on page 718 of the House Journal; also

     Commerce on SB 73 as found on pages 718 and 719 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 192: FOR AN ACT ENTITLED, An Act to reenact the revised secured transactions article of the Uniform Commercial Code.

Was read the second time.

     The question being "Shall SB 192 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 7, 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; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Volesky; Waltman; Weber; Wudel; Speaker Hunt

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

Absent and Not Voting were:
Wilson

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 181: FOR AN ACT ENTITLED, An Act to award honorary high school diplomas to certain veterans of World War II.

Was read the second time.

     The question being "Shall SB 181 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, Absent and Not Voting 0

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

Excused were:
Clark; Crisp; Duenwald; Solum; Sutton (Daniel); Sutton (Duane); Wetz; 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 152: FOR AN ACT ENTITLED, An Act to provide a financial institution with an insurable interest with reference to personal insurance.

Was read the second time.

The question being "Shall SB 152 pass as amended?"

And the roll being called:

Yeas 62, Nays 0, Excused 8, Absent and Not Voting 0

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

SB 96: FOR AN ACT ENTITLED, An Act to regulate motor vehicle service contracts.

Was read the second time.

     The question being "Shall SB 96 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 8, Absent and Not Voting 0

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 199 and 28 be deferred until Wednesday, February 23rd, the 31st legislative day and SB 138 be deferred to Tuesday, February 22nd, the 30th legislative day.

Which motion prevailed and the bills were so deferred.

SB 202: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to conciliation of labor disputes.

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

202cb

Rep. Cutler moved that SB 202 be amended as follows:

On the House State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 60-10-2 be amended to read as follows:

60-10-2. If its efforts as conciliator prove unsuccessful, the department of labor shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in § 60-10-1. The department shall give each party ample opportunity for presentation of the facts and shall make a report of the issues involved and a recommendation for settlement of the controversy. The department shall furnish a copy of its recommendation to each of the parties and to publish it in any local newspaper ~~for publication~~ for the information of the public. "

A roll call vote was requested and supported.

     The question being on Rep. Cutler's motion that SB 202 be amended.

     And the roll being called:

     Yeas 31, Nays 32, Excused 7, Absent and Not Voting 0

     Yeas were:
Brooks; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Heineman; Jaspers; Juhnke; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Roe; Volesky; Waltman; Weber; Wilson

Excused were:
Clark; Crisp; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

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

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 28, Excused 7, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Roe; Volesky; Waltman; Weber; Wilson

Nays were:
Brooks; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Heineman; Juhnke; Konold; Koskan; Lintz; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Wudel; Speaker Hunt

Excused were:
Clark; Crisp; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

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

Rep. Lucas announced his intention to reconsider the vote by which SB 202 was lost.

Speaker Hunt now presiding.

SB 30: FOR AN ACT ENTITLED, An Act to revise the procedures and causes for revocation of certain hunting, fishing, and trapping privileges, and to provide a penalty.

Was read the second time.

30tb

Rep. Brooks moved that SB 30 be amended as follows:

On page 2 , line 11 of the House Agriculture and Natural Resources committee engrossed bill , after " big " insert " game " .

Which motion prevailed and SB 30 was so amended.

     The question being "Shall SB 30 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 4, Excused 7, Absent and Not Voting 2

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

Nays were:
Jaspers; Konold; McNenny; Napoli

Excused were:
Clark; Crisp; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

Absent and Not Voting were:
Fiegen; Wilson

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.

HONORED GUESTS

The Speaker introduced Bobbie Jo Anderson, Miss Rodeo South Dakota 2000 from Ideal, South Dakota.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
John Koskan, Chair

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 12 and 205.

Respectfully,
Patricia Adam, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

SB 51: FOR AN ACT ENTITLED, An Act to revise the provisions concerning the imposition and administration of the inheritance tax.

Was read the second time.

     The question being "Shall SB 51 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 0, Excused 8, Absent and Not Voting 2

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

Excused were:
Clark; Crisp; Koskan; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

Absent and Not Voting were:
Lockner; Wilson

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 206: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability for the bank franchise tax.

Was read the second time.

     The question being "Shall SB 206 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 13, Excused 8, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Volesky; Wudel; Speaker Hunt

Nays were:
Burg; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lockner; Nachtigal; Patterson; Roe; Waltman; Weber

Excused were:
Clark; Crisp; Diedtrich (Elmer); Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

Absent and Not Voting were:
Wilson

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. Lucas moved that the House do now reconsider the vote by which SB 202 was lost.

The question being on Rep. Lucas' motion to reconsider the vote by which SB 202 was lost.

     And the roll being called:

     Yeas 30, Nays 28, Excused 10, Absent and Not Voting 2

     Yeas were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Davis; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Volesky; Waltman; Weber

Nays were:
Brooks; Cutler; Derby; Diedrich (Larry); Duenwald; Earley; Eccarius; Fiegen; Fryslie; Heineman; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Wudel; Speaker Hunt

Excused were:
Clark; Crisp; Diedtrich (Elmer); Duniphan; Michels; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Young

Absent and Not Voting were:
Apa; Wilson

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

Rep. Cutler moved that SB 109, 197, 161, 195, 60, 169, 5, 70, 77, 90, and 165 be deferred until Tuesday, February 22nd, the 30th 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 1002, 1052, 1099, 1100, 1101, 1126, 1134, 1137, 1163, 1194, 1237, 1284, and 1293 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1002: FOR AN ACT ENTITLED, An Act to require an independent actuarial review of equity issues regarding the South Dakota Retirement System and to declare an emergency.

    HB 1052 : FOR AN ACT ENTITLED, An Act to codify the legislation passed in 1999.

     HB 1099: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the privileges of doctors of chiropractic.

     HB 1100: FOR AN ACT ENTITLED, An Act to allow certain nurses and physician's assistants to form limited liability partnerships and limited liability companies.

     HB 1101: FOR AN ACT ENTITLED, An Act to revise the grounds for revocation or suspension of an alcoholic beverage license and to provide for the revocation of driving privileges upon a conviction for unlawful sales or purchases of alcoholic beverages involving persons under the age of twenty-one.

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

     HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of on-sale alcoholic beverage licenses within improvement districts.

     HB 1137: FOR AN ACT ENTITLED, An Act to exempt real estate licensees from certain sex offender notification provisions.

     HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the validity of marriages contracted outside this state.

     HB 1194: FOR AN ACT ENTITLED, An Act to provide for the issuance of a protection order in the case of certain crimes of violence or assaults.

     HB 1237: FOR AN ACT ENTITLED, An Act to authorize additional licenses to sell alcoholic beverages in certain convention facilities in certain municipalities.

     HB 1284: FOR AN ACT ENTITLED, An Act to include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

     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.

     SB 1: FOR AN ACT ENTITLED, An Act to provide for the judicial jurisdiction of certain underage consumption offenses.

     SB 8: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the establishment of a separate market value for land in an identifiable region.

     SB 16: FOR AN ACT ENTITLED, An Act to require a candidate's financial statement to be filed biannually until disposition of all funds and payment of all obligations.

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

    SB 29: FOR AN ACT ENTITLED, An Act to designate areas within the state park system where a park license may be required.

     SB 33: FOR AN ACT ENTITLED, An Act to define the duty of insurers and rights of consumers with regard to auto insurance damage claims.

     SB 46: FOR AN ACT ENTITLED, An Act to require the payment of cigarette taxes in certain instances.

     SB 47: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts.

     SB 59: FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the filing of student birth certificates.

     SB 61: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

     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.

     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.

     SB 97: FOR AN ACT ENTITLED, An Act to revise the definition of indigent by design for purposes of county poor relief.

     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.

     SB 122: FOR AN ACT ENTITLED, An Act to allow the Department of Revenue to suspend a motor vehicle license, title, or registration if the check used to pay for the motor vehicle's fees is dishonored, to require the department to issue credit to the county treasurer, and to revise the fee that political subdivisions may charge for dishonored checks.

     SB 153: FOR AN ACT ENTITLED, An Act to restrict the effect of certain provisions relating to the illegal sale of alcoholic beverages to underage persons.

    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.

     SB 171: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding consumer installment sales contracts.

     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.

     And signed the same in the presence of the House.

COMMEMORATIONS

HC 1021 Introduced by: Representatives Fischer-Clemens and Sebert and Senator Olson

A LEGISLATIVE COMMEMORATION, Honoring Hanson High School boy's basketball coach Bill Marquardt on his three hundredth victory.

WHEREAS, after twenty years of coaching, Bill Marquardt reached a coaching landmark of three hundred victories against a Cornbelt Conference rival and improved his record to three hundred wins to one hundred thirty-two losses; and

WHEREAS, during Bill Marquardt's tenure, his teams have won four regional basketball championships, played in four state tournaments, and won the Class A state championship in 1986; and

WHEREAS, Bill Marquardt calls himself a basketball fan first, he loves coaching and the challenge of preparing a team:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fifth Legislature of the State of South Dakota, that coach Bill Marquardt be recognized for his excellence in coaching and leadership abilities.

Rep. Michels moved that the House do now adjourn, which motion prevailed, and at 2:59 p.m. the House adjourned.

Karen Gerdes, Chief Clerk