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.
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.
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.
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.
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.
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. 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.
The question being "Shall HB 1050 pass as amended?"
And the roll being called:
Yeas 67, Nays 0, Excused 1, Absent 2
Yeas:
Excused:
Absent:
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.
Was read the second time.
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
Derby
Valandra; Wick
"
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.".
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:
Nays:
Excused:
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
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
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
Clark; Derby
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.
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:
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.