JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 30, 2001

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by House page Stacee Bradford.

     Roll Call: All members present except Rep. Van Gerpen 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 fourteenth 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1125 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jay L. Duenwald, Chair

 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1161 which was deferred to the 41st Legislative Day.

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

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1011 and 1156 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1128 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 Local Government respectfully reports that it has had under consideration HB 1124 and returns the same with the recommendation that said bill be amended as follows:

1124fa
     On page 2, line 5 of the printed bill, delete " within thirty days " and insert " by the last day of April ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1135 which was deferred to the 41st Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1103, 1134, 1148, and SB 34 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 35, 36, and 37 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Claire B. Konold, Chair

MESSAGE FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1050 and 1067 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 9, 40, 50, 58, 77, 87, 91, 92, 93, 99, and 106 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 3:   A CONCURRENT RESOLUTION,   Supporting the conversion of the underground mine and portions of the surface mining facilities at Homestake Mine in Lead, South Dakota, to a National Underground Science Laboratory operated by the South Dakota School of Mines and Technology for the National Science Foundation.

     Rep. Teupel moved that SCR 3 as found on pages 51 and 52 of the Senate Journal be concurred in.

     The question being on Rep. Teupel's motion that SCR 3 be concurred in.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, 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; 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; Wick; Speaker Eccarius

     Excused:
Bradford; Hundstad, Valandra; Van Gerpen; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1144 as found on page 238 of the House Journal ; also

     Judiciary on HB 1032 as found on pages 256 and 257 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1272   Introduced by:  Representative Peterson (Bill) and Senator Staggers

       FOR AN ACT ENTITLED, An Act to   provide that the spouse be appointed guardian in certain circumstances.

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

     HB 1273   Introduced by:  Representative Peterson (Bill)

       FOR AN ACT ENTITLED, An Act to   provide additional state aid to education to certain school districts.

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

     HB 1274   Introduced by:  Representatives Broderick, Abdallah, Brown (Richard), Garnos, Heineman, Hennies (Thomas), Jaspers, Michels, and Murschel and Senators Sutton (Dan), Daugaard, de Hueck, Everist, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the operation of child welfare agencies and registered and unregistered family day care homes.

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

     HB 1275   Introduced by:  Representatives Broderick, Garnos, and Jaspers and Senator Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the definition of custodian as it relates to child abuse or neglect.

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

     HB 1276   Introduced by:  Representatives Kooistra, Brown (Richard), Duenwald, Duniphan, Flowers, Fryslie, Holbeck, Jaspers, McCaulley, Slaughter, Teupel, and Van Gerpen and Senators Olson (Ed), Albers, de Hueck, Moore, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   require historical or educational municipal corporations to maintain its property.

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

     HB 1277   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   repeal the requirement of a lien against the property of any land which is found to have an underground petroleum tank and to declare an emergency.

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

     HB 1278   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   revise the definition of barratry.

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

     HB 1279   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   authorize the expenditure of tobacco proceeds for tobacco cessation aids.

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

     HB 1280   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   replace certain geographic names that use offensive names, words, or phrases.

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

     HB 1281   Introduced by:  Representative Flowers

       FOR AN ACT ENTITLED, An Act to   disallow the use of certain pension, annuity, or retirement payments as a setoff against unemployment benefits.

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

     HB 1282   Introduced by:  Representatives Garnos, Burg, Duenwald, Juhnke, and Monroe and Senators de Hueck, Diedtrich (Elmer), and Duxbury

       FOR AN ACT ENTITLED, An Act to   revise the conditions under which certain contracts with a local officer are permitted.

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

     HB 1283   Introduced by:  Representative Garnos and Senator de Hueck

       FOR AN ACT ENTITLED, An Act to   permit certain traffic violators to take a driver improvement course in lieu of certain penalties.

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

     HB 1284   Introduced by:  Representatives Hansen (Tom), Broderick, Brown (Jarvis), Davis, Duniphan, Peterson (Jim), Pummel, and Solum and Senators Apa, Daugaard, McCracken, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of passing a check against insufficient funds.

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

     HB 1285   Introduced by:  Representatives Hansen (Tom), Adelstein, Begalka, Broderick, Brown (Jarvis), Derby, Duenwald, Duniphan, Frost, Fryslie, Heineman, Hennies (Don), Hunhoff, Jaspers, Juhnke, Koistinen, Konold, Murschel, Peterson (Bill), Pitts, Pummel, Slaughter, Smidt, Teupel, Van Gerpen, and Wick and Senators Greenfield, Albers, Bogue, Brown (Arnold), Drake, Everist, McCracken, and Vitter

       FOR AN ACT ENTITLED, An Act to   transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.

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

     HB 1286   Introduced by:  Representatives Garnos, Abdallah, Broderick, Brown (Richard), Heineman, Hennies (Thomas), Jaspers, Murschel, and Smidt and Senators Everist, de Hueck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding family day care homes and unregistered family day care homes and to provide mentors for day care providers.

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

     HB 1287   Introduced by:  Representatives Brown (Richard), Bartling, Brown (Jarvis), Duniphan, Garnos, Gillespie, Glenski, Heineman, Hennies (Thomas), Lange, Madsen, Murschel, Nachtigal, Napoli, Peterson (Bill), Pummel, and Sebert and Senators Bogue, de Hueck, Koetzle, McCracken, Munson, Olson (Ed), Reedy, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise and repeal certain restrictions on the issuance of liquor licenses.

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

     HB 1288   Introduced by:  Representatives Bradford, Valandra, and Van Norman and Senator Moore

       FOR AN ACT ENTITLED, An Act to   designate South Dakota "The Monument State."

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

     HB 1289   Introduced by:  Representatives Juhnke and Jensen and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   prohibit the Department of Transportation from constructing areas for the placement of motor vehicle scales in certain locations.

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

     HB 1290   Introduced by:  Representatives Juhnke and Jensen and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the loss of hunting, fishing, or trapping privileges for trespass violations.

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

     HB 1291   Introduced by:  The Committee on Education at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   provide for additional compensation for teachers providing teaching services using the Digital Dakota Network.

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

     HB 1292   Introduced by:  Representatives Nachtigal, Burg, Flowers, and Napoli and Senators Dennert and Volesky

       FOR AN ACT ENTITLED, An Act to   restrict the ownership of land by foreign corporations or entities.

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

     HB 1293   Introduced by:  Representative Teupel

       FOR AN ACT ENTITLED, An Act to   require a noxious weed disclosure statement in the transfer of certain real property.

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

     HB 1294   Introduced by:  Representatives Teupel, Garnos, Juhnke, and McCoy and Senators Apa, Kleven, and Whiting

       FOR AN ACT ENTITLED, An Act to   provide a financial incentive for school districts to consolidate.

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

     HB 1295   Introduced by:  Representatives Derby and Brown (Richard) and Senator Hutmacher

       FOR AN ACT ENTITLED, An Act to   allow certain interstate shipments of wine.

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

     HB 1296   Introduced by:  Representatives Derby, Duniphan, and Van Etten and Senator Whiting

       FOR AN ACT ENTITLED, An Act to   appropriate money to the West River Foundation to assist the City of Box Elder.

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

     HJR 1005   Introduced by:  Representatives Lange, Burg, Hargens, Hundstad, Kloucek, Kooistra, Nachtigal, Sigdestad, and Van Norman and Senators Reedy, Apa, Hutmacher, and Koetzle

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Nesselhuf requested that HB 1109 be removed from the Consent Calendar.
     Which request was granted and the bill was so removed.

     HB 1119:   FOR AN ACT ENTITLED, An Act to   authorize certain vehicles in the possession of a dealer's car auction agency to be moved with a permit.

     Was read the second time.

     The question being "Shall HB 1119 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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 Norman; Wick; Speaker Eccarius

     Excused:
Van Gerpen

     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 1092:   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 second time.

     The question being "Shall HB 1092 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, 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; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; 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 Norman; Wick; Speaker Eccarius

     Nays:
Klaudt; Monroe; Napoli

     Excused:
Van Gerpen

     Absent:
Lange

     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.

     There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Rep. Richard Brown moved that HB 1254 be referred from the Committee on Taxation to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

     HB 1043:   FOR AN ACT ENTITLED, An Act to   authorize the state fire marshal to prohibit open burning.

     Was read the second time.

     The question being "Shall HB 1043 pass as amended?"


     And the roll being called:

     Yeas 45, Nays 24, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Jaspers; Juhnke; Kloucek; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Nays:
Bradford; Burg; Elliott; Flowers; Gillespie; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Hunhoff; Jensen; Klaudt; Koistinen; Kooistra; Lange; Monroe; Murschel; Nachtigal; Peterson (Jim); Rhoden; Sigdestad; Slaughter; Valandra; Van Norman

     Excused:
Van Gerpen

     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 1096:   FOR AN ACT ENTITLED, An Act to   revise the methods for increasing or decreasing school board size and for creating or eliminating school board representation areas.

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

1096sa

     Rep. Begalka moved that HB 1096 be amended as follows:

     On page 1, line 5 of the House Education Committee engrossed bill, delete " or the school board " .

     On page 1 , line 8, delete " or by unanimous vote of the school board. The number of " .

     On page 1 , line 9, delete " board members shall be as provided in § 13-8-2 " .

     On page 1 , line 14, delete " If a petition seeking referral of any board action taken pursuant " .

     On page 2 , delete line 1 .

     On page 2 , line 2, delete " call an election. " .

     On page 2 , line 10, delete " or board action taken " .
     A roll call vote was requested and supported.

     The question being on Rep. Begalka's motion that HB 1096 be amended.

     And the roll being called:

     Yeas 34, Nays 35, Excused 1, Absent 0

     Yeas:
Abdallah; Begalka; Brown (Richard); Clark; Duenwald; Duniphan; Frost; Fryslie; Hansen (Tom); Heineman; Hennies (Don); Holbeck; Jaspers; Klaudt; Kloucek; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Sebert; Slaughter; Smidt; Teupel; Wick; Speaker Eccarius

     Nays:
Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Burg; Davis; Derby; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Hunhoff; Jensen; Juhnke; Kooistra; Lange; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Richter; Sigdestad; Solum; Sutton (Duane); Valandra; Van Etten; Van Norman

     Excused:
Van Gerpen

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

     Speaker Pro tempore Michels now presiding.

     The question being "Shall HB 1096 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 47, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Hunhoff; Juhnke; Nachtigal; Nesselhuf; Olson (Mel); Sigdestad; Smidt; Valandra

     Nays:
Abdallah; Begalka; Bradford; Clark; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Holbeck; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Solum; Sutton (Duane); Teupel; Van Etten; Van Norman; Wick; Speaker Eccarius

     Excused:
Van Gerpen

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

     HB 1084:   FOR AN ACT ENTITLED, An Act to   place a moratorium on new video lottery establishments and machines.

     Was read the second time.

1084ff

     Rep. Glenski moved that HB 1084 be amended as follows:

     On page 2, after line 1 of the House State Affairs Committee engrossed bill, insert:

"      Section 3. That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:

     Each video lottery establishment license shall be issued for a site-specific location. If an establishment is transferred, assigned, or sold, no new video lottery establishment license may be issued unless the license is being issued to an establishment at the same site-specific location as the previous establishment.".

     Which motion lost.

     Rep. Broderick moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 51, Excused 1, Absent 0

     Yeas:
Adelstein; Brown (Richard); Duenwald; Glenski; Hargens; Juhnke; Klaudt; Koistinen; Kooistra; Lange; McCoy; Napoli; Olson (Mel); Peterson (Bill); Peterson (Jim); Rhoden; Smidt; Van Etten

     Nays:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Kloucek; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Norman; Wick; Speaker Eccarius

     Excused:
Van Gerpen

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

     HB 1145   :   FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain arrests may be effected without a warrant.

    Was read the second time.

     Rep. Clark moved that HB 1145 be deferred to Wednesday, January 31st, the 16th legislative day.

     Which motion prevailed and the bill was so deferred.

     Speaker Eccarius now presiding.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 9:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to landowner liability for injuries sustained on flooded land.

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

     SB 40:   FOR AN ACT ENTITLED, An Act to   exempt from registration certain Canadian broker-dealers and the securities offered by them.

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


     SB 50:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the state's accounting systems and the financial statements prepared by the Bureau of Finance and Management.

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

     SB 58:   FOR AN ACT ENTITLED, An Act to   establish certain fees for filing and indexing records pursuant to the Uniform Commercial Code, to establish a fund, and to appropriate the fund.

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

     SB 77:   FOR AN ACT ENTITLED, An Act to   provide for the issuance of certain temporary veterinary medicine permits.

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

     SB 87:   FOR AN ACT ENTITLED, An Act to   provide for uniform prescription drug information cards.

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

     SB 91:   FOR AN ACT ENTITLED, An Act to   exempt certain school district employees from the requirement for certain background checks.

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

     SB 92:   FOR AN ACT ENTITLED, An Act to   provide for the care of certain abandoned children and for the termination of parental rights.

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

     SB 93:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the investment of permanent school funds and to declare an emergency.

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

     SB 99:   FOR AN ACT ENTITLED, An Act to   revise certain penalties concerning inspections, repairs, and maintenance to certain vehicles.

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

     SB 106:   FOR AN ACT ENTITLED, An Act to   restrict the total amount of change orders to existing public construction contracts.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1009 and 1055 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1009: FOR AN ACT ENTITLED, An Act to  revise the procedure for updating the voter registration list.

     HB 1055: FOR AN ACT ENTITLED, An Act to  revise the time by which an annual identification fee must be paid by certain motor carriers.

     SB 23: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the filing of marriage records and rule-making authority regarding vital records.

     SB 31: FOR AN ACT ENTITLED, An Act to  revise certain requirements of the Division of Rehabilitation Services in contested cases.

     SB 32: FOR AN ACT ENTITLED, An Act to  revise the notice of hearing requirements pertaining to costs on petitions for authority to administer psychotropic medication.

     SB 33: FOR AN ACT ENTITLED, An Act to  proscribe the crime of assisting in the escape of an involuntarily committed person from the South Dakota Human Services Center or the South Dakota Developmental Center and to provide penalties therefor.

     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.

     SB 45: FOR AN ACT ENTITLED, An Act to  allow alcohol beverage license suspension or revocation hearings to be held in a location other than the county where the license has been applied for or has been issued.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1006   Introduced by:  Representatives Hennies (Thomas), Adelstein, Derby, Duniphan, Eccarius, McCoy, Napoli, and Van Etten and Senators Ham, Madden, McCracken, and Whiting

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Rapid Valley Elementary School, Rapid City, South Dakota, as the only South Dakota school to receive national recognition for "Schools that have Significantly Changed - Schools for the 21st Century Award."

     WHEREAS,  the winners of this prestigious national award were selected by a blue ribbon selection committee involving notable principals, superintendents, university faculty, foundation officials, and change agents from the worlds of business, the arts, nonprofit corporations, and government; and

     WHEREAS,  Rapid Valley Elementary School met all sixteen research-based criteria in each of the four quadrants of significant change:

             How meaningful is the change? Is it substantial rather than superficial?
             How deep and broad is the change? Is it systemic, rather than isolated?
             How is the change focused? Is it student centered, looking at teaching and learning?
             How is it measured? Is it solution or outcome oriented; and

     WHEREAS,  Rapid Valley Elementary School was selected as one of the top nine recipients in the United States for schools for the 21st Century that have significantly changed:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Rapid Valley Elementary School has mastered the enormous challenge of bringing about significant change; and that effort has made the school more relevant, meaningful, and successful for the students it serves.

     HC 1007   Introduced by:  Representatives Smidt, Brown (Richard), Davis, Eccarius, Flowers, Fryslie, Glenski, Hansen (Tom), Heineman, Hennies (Don), Hunhoff, Jaspers, Koistinen, Konold, Madsen, Michels, Murschel, Olson (Mel), Peterson (Bill), Richter, Sebert,

Solum, Teupel, and Wick and Senators Brosz, Apa, Everist, Greenfield, Hainje, Ham, Hutmacher, Koetzle, McIntyre, Moore, Olson (Ed), Staggers, and Volesky

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 1999-2000 Outstanding School Administrators of South Dakota: Dr. Joseph Gertsema, Yankton, School Superintendents Association; Rick Hohn, Watertown, Business Officials Association; Anja Hoekman, Sioux Falls, Elementary School Principals Association; Terry Nebelsick, Huron, Secondary School Principals Association; Larry Janish, DeSmet, Secondary School Principals Association; Dr. Merry Bleeker, Mitchell, Association of Supervision and Curriculum Development; and David Jewett, Spearfish, South Dakota Council of Administrators of Special Education for being named outstanding administrators by their respective administrator parent groups.

     WHEREAS,  these administrators have been elected by their peers for outstanding service and dedication to education; and

     WHEREAS,  the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these seven educational administrators is one hundred and seventy-two years; and

     WHEREAS,  each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-sixth Legislature of the State of South Dakota, that Dr. Joseph Gertsema, Rick Hohn, Anja Hoekman, Terry Nebelsick, Larry Janish, Dr. Merry Bleeker, and David Jewett are named as official representatives of the School Administrators of South Dakota and shall continue their efforts to improve the educational opportunities for the citizens of the state.

     Rep. Murschel moved that the House do now adjourn, which motion prevailed and at 3:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk