JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 24, 2001

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House page Christopher Volzke.

     Roll Call: All members present.

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 tenth 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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Rep. Thomas Hennies introduced Marilyn Herz of Rapid City, South Dakota's 2001 Teacher of the Year.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 13 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 HB 1004 and returns the same with the recommendation that said bill be amended as follows:

1004ca

     On page 1, line 5 of the printed bill, delete everything after " convicted of " and insert "murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, kidnapping or felony sexual contact as defined in § § 22-22-7 and 22-22-19.1".

     On page 1 , line 6, delete everything before " , " .

     On page 1 , line 8, delete " , the acts constituting the offense, " .

     On page 1 , line 8, after " court " insert "and may include a description of the acts constituting the offense".

1004cb
    
     Delete the previously adopted amendment (1004ca).

     On page 1, line 5 of the printed bill, delete everything after " convicted of " and insert "committing, attempting to commit or conspiring to commit murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, kidnapping, felony sexual contact as defined in § 22-22-7 and § 22-22-19.1, any felony offense pursuant to chapter 22-14 or any felony offense pursuant to chapter 22-14A".

     On page 1 , line 6, delete everything before " , " .

     On page 1 , line 8, delete " , the acts constituting the offense, " .
     On page 1 , line 8, after " court " insert "and may include a description of the acts constituting the offense".

     On page 1 , line 8, delete " The school " .

     On page 1 , delete line 9 , and insert:
"
     Section 2. The information disclosed pursuant to section 1 of this act is governed by the federal Family Educational Rights and Privacy Act (FERPA) as implemented in 34 CFR part 99, as effective on January 1, 2001. The Unified Judicial System shall disclose the information to the chief administrator of a nonpublic school only upon request and upon the execution of an agreement to follow the provisions of the federal Family Educational Rights and Privacy Act (FERPA) with regard to the information."

1004cta

     On page 1, line 1 of the printed bill, delete " provide " and insert "require".

     On page 1 , line 1, delete " a crime " and insert "certain crimes.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1086 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

 Also MR. SPEAKER:

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

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill be amended as follows:

1025ja
     On page 2, line 11 of the printed bill, delete " The " and insert " Any ".

     On page 2 , line 11, delete " teams may " and insert " team shall ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1074 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill be amended as follows:

1046fa

     On page 1, line 7 of the printed bill, delete " resident " and insert "person".

1046fc
     Delete amendment 1046fa.

     On page 1, line 7 of the printed bill, delete " resident " and insert "owner".

     On page 1 , line 12, delete " applicant " and insert "owner".

1046fd
     On page 2, line 13 of the printed bill, after " day " insert " ; or

             (5)    A boat owned or operated by a person who is participating in a fishing tournament permitted by the Department of Game, Fish and Parks, provided the boat has been issued a temporary boat license valid in South Dakota for a period of ten consecutive days at a fee set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 ".

1046fta

     On page 1, line 2 of the printed bill, after " registered " delete " and " and insert ",".

     On page 1 , line 3, after " boats " insert ", and to allow the Game, Fish and Parks Commission to establish a fee for a temporary boat license".
     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 1104 and 1105 which were deferred to the 41st Legislative Day.

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1099 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1089 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1010 and 1054 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 1, 8, 29, 46, 64, 75, 76, 79, 80, 82, 83, and 84 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary
MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Petitioning South Dakota's United States Senators to vote in favor of the confirmation of Attorney General nominee John Ashcroft.

     Rep. Frost moved that HCR 1002 as found on page 152 of the House Journal be adopted.

     The question being on Rep. Frost's motion that HCR 1002 be adopted.

     And the roll being called:

     Yeas 49, Nays 20, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Clark

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Local Government on HB 1087 as found on pages 148 and 149 of the House Journal ; also

     Agriculture and Natural Resources on HB 1072 as found on page 149 of the House Journal ; also

     Taxation on SB 45 as found on page 150 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1128   Introduced by:  Representatives Bartling and Pederson (Gordon) and Senators Vitter and Ham

       FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning county budget hearings.

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

     HB 1129   Introduced by:  Representatives Kloucek, Flowers, Gillespie, and Nachtigal and Senators Moore and Dennert

       FOR AN ACT ENTITLED, An Act to   provide certain exemptions for overweight vehicles hauling grain.

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

     HB 1130   Introduced by:  Representatives Kloucek, Flowers, Hargens, Lintz, Nachtigal, and Napoli and Senators Moore, Hutmacher, Koetzle, Staggers, and Volesky

       FOR AN ACT ENTITLED, An Act to   exempt from penalty certain vehicles that became overweight as a result of snow or ice accumulations.

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

     HB 1131   Introduced by:  Representatives Kloucek and Flowers and Senator Moore

       FOR AN ACT ENTITLED, An Act to   appropriate money for the construction of a truck bypass in the Yankton area.

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

     HB 1132   Introduced by:  Representatives Flowers, Kooistra, and Olson (Mel) and Senators Moore, Apa, Daugaard, Koetzle, McIntyre, Olson (Ed), and Volesky

       FOR AN ACT ENTITLED, An Act to   require that certain county assessment records be made available to local equalization boards.

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

     HB 1133   Introduced by:  Representatives Lintz and Pederson (Gordon) and Senators Vitter and Albers

       FOR AN ACT ENTITLED, An Act to   revise the definition of average daily membership in the state aid to education formula.

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

     HB 1134   Introduced by:  Representative Derby and Senator Hutmacher

       FOR AN ACT ENTITLED, An Act to   establish license requirements for well pump installers and well repairers.

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

     HB 1135   Introduced by:  Representatives Kloucek, Lange, Nachtigal, Valandra, and Van Norman and Senators Koetzle, Diedtrich (Elmer), and Moore

       FOR AN ACT ENTITLED, An Act to   revise the election ballot for certain offices.

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

     HB 1136   Introduced by:  Representatives Kloucek, Bartling, Bradford, Burg, Elliott, Flowers, Gillespie, Hargens, Hundstad, Lange, Nachtigal, Peterson (Jim), Valandra, and Van Norman and Senators Hutmacher, Dennert, Koetzle, Moore, Reedy, Symens, and Volesky

       FOR AN ACT ENTITLED, An Act to   provide for the protection of certain agricultural contractors.

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

     HB 1137   Introduced by:  Representatives Kloucek, Flowers, Lange, and Nachtigal and Senators Moore, Dennert, and Hutmacher

       FOR AN ACT ENTITLED, An Act to   restrict certain developmental or technical fees associated with the sale of agricultural seed, chemical, and fertilizer products.

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

     HB 1138   Introduced by:  Representatives Kloucek, Bartling, Bradford, Burg, Elliott, Hargens, Hundstad, Lange, Nachtigal, Olson (Mel), Sigdestad, Valandra, and Van Norman and Senators Volesky, de Hueck, Hutmacher, and Sutton (Dan)


       FOR AN ACT ENTITLED, An Act to   establish the Division of Antitrust Enforcement within the Office of the Attorney General and to make an appropriation therefor.

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

     HB 1139   Introduced by:  Representatives Peterson (Bill) and Olson (Mel) and Senators Everist and Hutmacher

       FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

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

     HB 1140   Introduced by:  Representatives Broderick, Gillespie, Holbeck, and Van Gerpen and Senators Daugaard, Albers, Diedtrich (Elmer), McCracken, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require farm mutual insurers to comply with insurance fraud provisions.

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

     HB 1141   Introduced by:  Representatives Flowers, Bartling, Bradford, Burg, Elliott, Hanson (Gary), Hargens, Hundstad, Kooistra, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), and Sigdestad and Senators Dennert, Koetzle, McIntyre, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   impose a severance tax on the quarrying of certain minerals.

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

     HB 1142   Introduced by:  Representatives Kooistra, Elliott, Garnos, Glenski, Holbeck, Lange, and Olson (Mel) and Senator McIntyre

       FOR AN ACT ENTITLED, An Act to   appropriate money for leveraging educational assistance partnership grants.

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

     HB 1143   Introduced by:  Representatives Kooistra, Elliott, Garnos, Glenski, Holbeck, Lange, and Olson (Mel) and Senators McIntyre and Staggers

       FOR AN ACT ENTITLED, An Act to   establish a regents scholars program and to make an appropriation therefor.


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

     HB 1144   Introduced by:  Representatives Kooistra, Garnos, and McCoy and Senator Staggers

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child custody and to provide for a shared parenting plan.

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

     HB 1145   Introduced by:  Representatives Clark, Heineman, Hennies (Thomas), Holbeck, McCoy, Monroe, Murschel, and Sutton (Duane) and Senators de Hueck, Ham, Kleven, and Madden

       FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain arrests may be effected without a warrant.

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

     HB 1146   Introduced by:  Representatives Lintz, Eccarius, Fryslie, Garnos, Juhnke, Klaudt, Napoli, Pederson (Gordon), Pitts, Pummel, and Rhoden and Senators Vitter, Albers, Apa, Greenfield, Hainje, and McCracken

       FOR AN ACT ENTITLED, An Act to   create the position of state wildland fire coordinator and to transfer forest fire suppression activities from the state forester to the state wildland fire coordinator.

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

     HB 1147   Introduced by:  Representatives Jaspers, Broderick, Brown (Richard), Davis, Duniphan, Elliott, Flowers, Holbeck, Juhnke, Kooistra, McCaulley, Murschel, Olson (Mel), and Smidt and Senators Hutmacher, Brown (Arnold), Dennert, Diedrich (Larry), Koetzle, McIntyre, Moore, Munson, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain eligibility restrictions relating to secondary school extracurricular activities.

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

     HB 1148   Introduced by:  Representative Derby and Senator Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   authorize certain activities by golf course architects.

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

     HB 1149   Introduced by:  Representatives Holbeck, Bartling, Begalka, Brown (Richard), Elliott, Garnos, Hunhoff, Jensen, Juhnke, McCoy, Pederson (Gordon), Rhoden, Van Etten, and Wick and Senators Ham, Brosz, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide that school districts be notified when the commercial driver license of a school bus driver is suspended or revoked.

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

     HB 1150   Introduced by:  Representatives Holbeck, Begalka, Derby, Garnos, Juhnke, Kloucek, and Wick and Senators Duxbury, Brosz, Ham, McIntyre, Munson, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the criminal background investigations of school employees.

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

     HB 1151   Introduced by:  Representatives Hennies (Thomas), Broderick, Brown (Jarvis), Brown (Richard), Davis, Elliott, Flowers, Gillespie, Hennies (Don), Holbeck, Konold, Madsen, McCoy, Nesselhuf, Olson (Mel), Pederson (Gordon), Rhoden, and Slaughter and Senators Ham, de Hueck, Dennert, Diedtrich (Elmer), Hutmacher, Koetzle, McCracken, McIntyre, Moore, Munson, Olson (Ed), Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     HB 1152   Introduced by:  Representatives Brown (Richard), Davis, Elliott, Flowers, Gillespie, Hennies (Don), Hennies (Thomas), Holbeck, Kooistra, Lintz, Madsen, McCoy, Murschel, Nesselhuf, Olson (Mel), and Pederson (Gordon) and Senators Olson (Ed), de Hueck, Dennert, Duxbury, Ham, Hutmacher, Koetzle, McIntyre, Moore, Munson, Reedy, Sutton (Dan), Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     HB 1153   Introduced by:  Representatives Adelstein, Brown (Richard), Sutton (Duane), and Van Etten and Senators Daugaard, Brown (Arnold), and Whiting


       FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products and to dedicate the increased revenue to a trust fund.

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

     HB 1154   Introduced by:  Representatives Adelstein, Abdallah, Brown (Richard), and Duniphan and Senator Whiting

       FOR AN ACT ENTITLED, An Act to   clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

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

     HB 1155   Introduced by:  Representatives Adelstein and Van Etten and Senators Daugaard, Brown (Arnold), and McCracken

       FOR AN ACT ENTITLED, An Act to   restrict smoking in public buildings and certain places of business.

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

     HB 1156   Introduced by:  Representatives Wick, Abdallah, Brown (Richard), Davis, Glenski, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Jaspers, Kooistra, Lange, McCaulley, Murschel, Pederson (Gordon), Peterson (Bill), Richter, and Slaughter and Senators Everist, Daugaard, Hainje, Koetzle, McCracken, McIntyre, Staggers, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   permit the consolidation of certain special elections on referendum petitions with the special election on April 10, 2001, and to declare an emergency.

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

     HB 1157   Introduced by:  Representatives Sebert, Broderick, Fryslie, Koistinen, Smidt, Solum, and Wick and Senators Daugaard and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   prohibit the keeping of a place where marijuana is used or distributed.

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

     HB 1158   Introduced by:  Representatives Broderick, Abdallah, Brown (Richard), Eccarius, Flowers, Gillespie, Hennies (Thomas), Madsen, and Teupel and Senators Albers and Apa

       FOR AN ACT ENTITLED, An Act to   reallocate a certain portion of state aid to education.

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

     HB 1159   Introduced by:  Representatives Wick, Duenwald, Fryslie, Hunhoff, Jaspers, Juhnke, Koistinen, Konold, McCaulley, Napoli, Pederson (Gordon), Peterson (Bill), Slaughter, Smidt, and Van Gerpen and Senators Greenfield, Bogue, Diedrich (Larry), Drake, and Vitter

       FOR AN ACT ENTITLED, An Act to   require an employee's written authorization before money may be withheld from the employee's paycheck for a political purpose.

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

     HB 1160   Introduced by:  Representatives Brown (Jarvis), Broderick, Monroe, Smidt, and Van Gerpen and Senators Diedtrich (Elmer) and Dennert

       FOR AN ACT ENTITLED, An Act to   revise the privilege on communications to clergyman to include certain lay ministers.

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

     HB 1161   Introduced by:  Representatives Clark, Begalka, Jensen, Klaudt, Slaughter, and Sutton (Duane) and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   revise the distribution of certain gaming tax revenues.

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

     HB 1162   Introduced by:  Representatives Clark, Abdallah, Adelstein, Begalka, Brown (Jarvis), Brown (Richard), Garnos, Hennies (Don), Hennies (Thomas), Holbeck, Juhnke, Klaudt, Kooistra, Lange, Michels, Napoli, Pederson (Gordon), Pummel, Richter, Smidt, Sutton (Duane), and Wick and Senators Greenfield, Bogue, Brown (Arnold), Diedtrich (Elmer), Hainje, and Kleven

       FOR AN ACT ENTITLED, An Act to   make an appropriation for children of alumni scholarships.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1075:   FOR AN ACT ENTITLED, An Act to   modify certain procedures for grand jury returns.

     Was read the second time.

     The question being "Shall HB 1075 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 0, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Absent:
Juhnke

     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 1095:   FOR AN ACT ENTITLED, An Act to   revise the sizes of plats that may be filed with the register of deeds.

     Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     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. Mel Olson requested that HB 1083 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

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

     Was read the second time.

     The question being "Shall SB 54 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Klaudt

     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 HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1021:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding liability for violations regarding plant quarantines and to establish certain fees for inspections and issuances of certificates for the movement of plants and plant products.

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

1021tb

     Rep. Begalka moved that HB 1021 be amended as follows:

     On page 2, line 4 of the printed bill, delete " , not included in § 38-24B-12, " .

     On page 2 , line 11, delete " Sample " and insert "On-site".

     On page 2 , line 15, after " dollars " insert ", unless the owner has paid one or more of the fees specified in subdivision (1), (2), or (3) of this section, in which case the fee for a state certificate is ten dollars".

     Which motion prevailed and HB 1021 was so amended.

     The question being "Shall HB 1021 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

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

     Nays:
Burg; Flowers; Gillespie; Hargens; Kloucek; Nachtigal; Olson (Mel); Peterson (Jim); Van Norman

     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 1045:   FOR AN ACT ENTITLED, An Act to   prohibit the disclosure and use of personal information contained in certain motor vehicle records.


     Was read the second time.
1045ta

     Rep. Napoli moved that HB 1045 be amended as follows:

     On page 5, line 16 of the House State Affairs Committee engrossed bill, delete "to" and insert "and who misrepresents".

     On page 5 , line 17, delete " misrepresent " .

     On page 5 , line 17, before "knowingly" delete " to " .

     On page 5 , line 17, delete " make " and insert "makes".

     On page 5 , line 18, after " misdemeanor. " insert " However, if any person uses the personal information obtained pursuant to this Act to commit a crime of violence as defined in § 22-1-2, the person is guilty of a Class 5 felony.".

     Which motion prevailed and HB 1045 was so amended.

     The question being "Shall HB 1045 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Nays:
Abdallah; Konold

     Excused:
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 1076:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the suspension and revocation of drivers' licenses and permits.

     Was read the second time.

     The question being "Shall HB 1076 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Excused:
Derby; Wick

     Absent:
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.

     HB 1077:   FOR AN ACT ENTITLED, An Act to   permit the court to impose certain costs and fees as part of the disposition for a child adjudicated as a child in need of supervision.

     Was read the second time.

     Rep. Gillespie moved that HB 1077 be deferred to Friday, January 26th, the 13th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1078:   FOR AN ACT ENTITLED, An Act to   permit the court to impose certain costs and fees as part of the disposition for a delinquent child.

     Was read the second time.

     The question being "Shall HB 1078 pass as amended?"


     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Bradford; Kloucek; Van Norman

     Excused:
Derby; 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 1079:   FOR AN ACT ENTITLED, An Act to   determine the venue of the offense of underage possession or consumption of alcoholic beverages.

     Was read the second time.

     The question being "Shall HB 1079 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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; Speaker Eccarius

     Nays:
Bradford; Hundstad; Valandra; Van Norman

     Excused:
Derby; 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 1081:   FOR AN ACT ENTITLED, An Act to   require the installation of certain supplemental guide signs on the interstate highway system and state highway system.

     Was read the second time.

     Rep. Napoli moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 40, Excused 0, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Clark; Davis; Elliott; Flowers; Frost; Gillespie; Hansen (Tom); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Sigdestad; Van Gerpen; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Derby; Duenwald; Duniphan; Fryslie; Garnos; Glenski; Hanson (Gary); Heineman; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Wick; Speaker Eccarius

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

     Rep. Richter announced his intention to reconsider the vote by which HB 1081 was lost.

     HB 1073:   FOR AN ACT ENTITLED, An Act to   revise certain procedures related to livestock brands, proof of livestock ownership, and livestock ownership inspection.

     Was read the second time.

1073ta

     Rep. Duenwald moved that HB 1073 be amended as follows:

     On page 3, line 23 of the printed bill, after " recordable brand " insert " for the purpose of establishing ownership ".

     Which motion prevailed and HB 1073 was so amended.

     The question being "Shall HB 1073 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Bradford

     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 1080:   FOR AN ACT ENTITLED, An Act to   permit applicable sales taxes to be applied as part of the collection costs and expenses for dishonored checks.

     Was read the second time.

     The question being "Shall HB 1080 pass?"

     And the roll being called:

     Yeas 60, Nays 9, Excused 0, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; 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; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen

     Nays:
Adelstein; Bradford; Klaudt; McCoy; Michels; Monroe; Napoli; Van Norman; Speaker Eccarius

     Absent:
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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 1:   FOR AN ACT ENTITLED, An Act to   require written informed consent before genetic testing.

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

     SB 8:   FOR AN ACT ENTITLED, An Act to   establish a public policy of protecting cropland and pasture in county drainage plans.

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

     SB 29:   FOR AN ACT ENTITLED, An Act to   provide that certain offenses are violent offenses for purposes of parole eligibility.

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

     SB 46:   FOR AN ACT ENTITLED, An Act to   authorize the department to issue direct payment permits in certain instances.

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

     SB 64:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Agriculture and the Department of Game, Fish and Parks to designate certain species as needing both control and protection.

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

     SB 75:   FOR AN ACT ENTITLED, An Act to   revise how candidates' names are positioned on ballots in municipal elections.

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

     SB 76:   FOR AN ACT ENTITLED, An Act to   revise the provisions concerning vetoes and overrides in the aldermanic form of government.

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

     SB 79:   FOR AN ACT ENTITLED, An Act to   reapportion the Supreme Court selection districts.

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

     SB 80:   FOR AN ACT ENTITLED, An Act to   clarify the definition of the term, member, with regard to certain definition of corporation provisions.

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

     SB 82:   FOR AN ACT ENTITLED, An Act to   permit local government officials and employees to use credit cards.

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

     SB 83:   FOR AN ACT ENTITLED, An Act to   codify the legislation passed in 2000.

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

     SB 84:   FOR AN ACT ENTITLED, An Act to   make the terms of office within the aldermanic form of government consistent with other provisions.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 65:   FOR AN ACT ENTITLED, An Act to   clarify that the estates of certain nonresidents are subject to the estate tax.

     Was read the second time.

     The question being "Shall SB 65 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 0, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); 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; Valandra; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Absent:
Hennies (Thomas); 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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1010 and 1054 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair
SIGNING OF BILLS
    
    The Speaker publicly read the title to

     HB 1010: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning appointments to office vacancies.

     HB 1054: FOR AN ACT ENTITLED, An Act to  revise provisions regarding the crime victims' compensation program.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1003   Introduced by:  Representatives Nesselhuf, Broderick, Clark, Gillespie, Holbeck, and Hunhoff and Senators Reedy, Albers, Daugaard, and Moore

         A LEGISLATIVE COMMEMORATION,  Honoring the 2000 Viborg Vikings High School football team, coaches, and staff involved in the football program.

     WHEREAS,  the 2000 Viborg Vikings High School football team won the 9-B State High School Football Championship with a 12-0 record through outstanding character, dedication, and perseverance, showing incredible improvement from the 1999 season record of 2-6; and

     WHEREAS,  head coach John Nyhaug and his staff provided excellent leadership and support to the members of the team, and John Nyhaug was named Boys' Football Coach of the Year by the South Dakota High School Coaches Association; and

     WHEREAS,  the students of the 2000 Viborg Vikings football team showed enormous school pride and great leadership on and off the field and were named the Sportswriters 2000 Boys High School Team of the Year:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that the 2000 Viborg Vikings High School football team be recognized for their excellence in athletics for the 2000-2001 school year.

     Rep. Jensen moved that the House do now adjourn, which motion prevailed and at 3:44 p.m. the House adjourned.

Karen Gerdes, Chief Clerk