JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 18, 2001

     The House convened at 12:45 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page Jill Sandbakken.

     Roll Call: All members present except Rep. Derby who was 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 sixth day and finds the following corrections should be made:

    On page 90, line 20, delete "Peterson (Bill)" and insert "Peterson (Jim)".

    On page 90, line 25, delete "Peterson (Jim)" and insert "Peterson (Bill)".

    On page 92, line 5, delete "Peterson (Bill)" and insert "Peterson (Jim)".

    On page 92, line 9, delete "Peterson (Jim)" and insert "Peterson (Bill)".

     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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1036, 1038, and 1055 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 Transportation respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill be amended as follows:

1047fa

     On page 3, line 15 of the printed bill, after " purpose " delete " . However, " and insert " , except ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1065 which was deferred to the 41st Legislative Day.

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1039, 1041, and 1042 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 HB 1040 and returns the same with the recommendation that said bill be amended as follows:

1040ja
     On page 1, line 11 of the printed bill, remove the overstrikes from " may " .

     On page 1 , line 11, delete " shall " .

     On page 1 , line 13, overstrike " shall " and insert " may ".

1040tj
     On page 1, line 2 of the printed bill, delete " require " and insert "permit".

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1062 and 1063 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Richard "Dick" E. Brown, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 13, 17, 30, 41, 53, and 54 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 19th, the 8th legislative day.

     Which motion prevailed.

     SCR 1:   A CONCURRENT RESOLUTION,   Appointing Mr. Marty Guindon of Pierre, South Dakota, to the office of Auditor-General.

     Was read the first time and referred to the Committee on State Affairs.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Judiciary on HB 1061 as found on page 76 of the House Journal ; also

     Judiciary on HB 1071 as found on page 77 of the House Journal ; also

     State Affairs on HB 1022 as found on page 77 of the House Journal ; also

     State Affairs on HB 1023 as found on page 77 of the House Journal ; also

     State Affairs on HB 1024 as found on pages 77 to 79 of the House Journal be adopted.


     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1091   Introduced by:  Representatives Brown (Jarvis), Abdallah, Broderick, Duniphan, Garnos, and Konold and Senators Albers, Brosz, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding jurisdiction for certain offenses involving intoxicating substances.

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

     HB 1092   Introduced by:  Representatives Brown (Jarvis), Abdallah, Broderick, Duniphan, Garnos, and Konold and Senators Albers, Brosz, and Moore

       FOR AN ACT ENTITLED, An Act to   include in certain drug offenses the altered state of a controlled drug or substance or marijuana once absorbed into the body.

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

     HB 1093   Introduced by:  Representatives Broderick, Brown (Jarvis), and Madsen and Senators Diedtrich (Elmer), Diedrich (Larry), and Hutmacher

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to transfers of insurance between members of the same insurance group.

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

     HB 1094   Introduced by:  Representatives Broderick, Brown (Jarvis), and Madsen and Senators Diedtrich (Elmer), Diedrich (Larry), and Hutmacher

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to credit card coverages of group personal property and to declare an emergency.

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

     HB 1095   Introduced by:  Representatives Michels and Bartling and Senators Olson (Ed), Ham, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the sizes of plats that may be filed with the register of deeds.


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

     Rep. Bill Peterson moved that the House do now recess for the purpose of attending the ceremony marking the transfer of the Missouri River recreation areas that the state is leasing from the U.S. Corp of Engineers, which motion prevailed, and at 12:54 the House recessed.

RECESS


     The House reconvened at 2:33 p.m., the Speaker presiding.

HONORED GUESTS


     Rep. Kooistra   introduced the 2001 South Dakota March of Dimes Ambassadors, Robyn and Juliana Everist. They are the children of Rob and Jo Everist of Dell Rapids, SD.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Flowers requested that HB 1006 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Kloucek requested that HB 1018 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Napoli requested that HB 1057 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Napoli requested that HB 1064 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Michels moved that HB 1032 be referred back to the Committee on Judiciary.

     Which motion prevailed and the bill was so referred.

     HB 1050:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding genetic testing and analysis in paternity cases.


     Was read the second time.

     The question being "Shall HB 1050 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 1, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Excused:
Derby

     Absent:
Valandra; Wick

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

     HB 1051:   FOR AN ACT ENTITLED, An Act to   increase the punishment for felony child abuse of a child under seven years of age and to designate the offense as a crime of violence.

     Was read the second time.

     Rep. Napoli requested a fiscal note on HB 1051.

     Which request was supported.

     HB 1008:   FOR AN ACT ENTITLED, An Act to   restrict certain school district transfers.

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

     The question being on Rep. Mel Olson's pending motion to amend HB 1008 as found on page 91 of the House Journal.

1008dc

     Rep. Hargens moved as a substitute motion that HB 1008 be amended as follows:
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-16-26.2 be repealed.

     13-16-26.2.   Notwithstanding the provisions of §   13-16-26, no school district may transfer any funds, exclusive of federal funds, from the general fund to the capital outlay fund.

     Section 2. This Act is effective August 1, 2001.".


     Rep. Jaspers moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Hargens' substitute motion that HB 1008 be amended.

     And the roll being called:

     Yeas 25, Nays 43, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hundstad; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Clark; Derby

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

     Rep. Bill Peterson requested that Joint Rule 5-17 be invoked on HB 1008.

     Which request was supported and HB 1008 with Rep. Mel Olson's pending motion to amend was deferred until Monday, January 22nd, the 9th legislative day.

     Rep. Bill Peterson moved that HB 1069 and 1056 be deferred to Friday, January 18th, the 8th legislative day.


     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 13:   FOR AN ACT ENTITLED, An Act to   allow a school district to deposit the proceeds from the sale of surplus property into its capital outlay fund.

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

     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the right to renew certain leases on school and public lands.

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

     SB 30:   FOR AN ACT ENTITLED, An Act to   allow parole violation and noncompliance hearings to be conducted through telephone conferencing or interactive video conferencing.

     Was read the first time and referred to the Committee on State Affairs.

     SB 41:   FOR AN ACT ENTITLED, An Act to   authorize the recovery of costs in contested cases for the real estate appraiser program and to repeal certain provisions regarding an appraiser's license.

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

     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

     Was read the first time and referred to the Committee on State Affairs.

     SB 54:   FOR AN ACT ENTITLED, An Act to   update certain citations to federal law regarding pipeline safety inspection.

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

     Rep. Burg moved that the House do now adjourn, which motion prevailed and at 3:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

    Pursuant to the report of the Joint-Select Committee as found on page 44 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chambers for the purpose of having a memorial service for deceased former members and reading the following:

JOINT MEMORIAL RESOLUTION

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eleven former members of the South Dakota Legislature, namely: the Honorable H.G. "Jack" Adams, the Honorable Clarence Dybvig, the Honorable Robert L. Eichman, the Honorable Wayne A. Hauschild, the Honorable Gustave "Gust" Kundert, the Honorable Kevin Loge, the Honorable William R. McCann, the Honorable Thomas P. Ranney, the Honorable Albert Schramm, the Honorable Neal A. Strand, and the Honorable Richard "Lee" Van Sickle; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-sixth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefitted greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-sixth Session of the Legislature of the State of South Dakota, now assembled this 18th day of January, 2001, at Pierre, South Dakota.