JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




EIGHTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 2, 2001

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

     The prayer was offered by the Chaplain, Pastor Phil Lint, followed by the Pledge of Allegiance led by House page Tiffany Jaspers.

     Roll Call: All members present except Rep. Hundstad 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 seventeenth 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 Education respectfully reports that it has had under consideration HB 1168 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1158 and returns the same with the recommendation that said bill be amended as follows:

1158db

     On page 1, line 3 of the printed bill, delete " If " and insert "Notwithstanding the provisions of chapter 13-13, if".

     On page 1 , line 5, delete " determine the amount of state aid to general education " .

     On page 1 , delete lines 6 to 9 , inclusive, and insert:

"pay state aid to education to the nonresident district in which the student is enrolled. For each student, the amount of state aid paid shall be the per student allocation as defined in subdivision 13-13-10.1(4). The payment shall be prorated per the number of days the student was enrolled in the nonresident district compared to the number of days the nonresident district was in session. The payment shall be made in the succeeding fiscal year.

     Section 2. That chapter 13-28 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of §  13-28-40, any student who enrolls in another school district pursuant to the provisions contained in § §  13-28-40 to 13-28-47, inclusive, from a district that does not receive state aid pursuant to chapter 13-13 in the succeeding fiscal year remains the financial obligation of the resident district. For each student, the resident district shall pay tuition to the nonresident district in the succeeding fiscal year per the following calculation:

             (1)    Multiply the nonresident district's adjusted average daily membership calculated pursuant to subdivision 13-13-10.1(2) by the per student allocation as defined in subdivision 13-13-10.1(4);

             (2)    Divide the result of (1) by the nonresident district's average daily membership calculated pursuant to subdivision 13-13-10.1(1);

             (3)    Multiply the result of (2) by the number of days the student was enrolled in the nonresident district;

             (4)    Divide the result of (3) by the number of days the nonresident district was in session.".

     And that as so amended said bill do pass.

Respectfully submitted,
Scott Eccarius, Chair

Also MR. SPEAKER:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gordon R. Pederson, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1106 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 1176 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 88 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Phyllis M. Heineman, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1027, 1029, and 1053 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 48, 49, 111, 152, and 199 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


    House Page Resolution 2: Introduced by: Representatives 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; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives
     of the Seventy-sixth Legislature of the State of South Dakota to Stacee Bradford, Stefanie Geigle, Dixie Grohs, Janae Herman, Tiffany Jaspers, Melanie Lubinus, Erin Magedanz, Sara North, Laura Ringling, Elizabeth Sanders, Kristin Strohbehn, Roxy Tople, and Christopher Volzke.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-sixth Legislative Session; and

    WHEREAS, the members of the Seventy-sixth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-sixth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.



     Rep. Bill Peterson moved that House Page Resolution 2 be adopted.

     Which motion prevailed and the resolution was adopted.

     Rep. Smidt moved that the House do concur in Senate amendments to HB 1023.

     The question being on Rep. Smidt's motion that the House do concur in Senate amendments to HB 1023.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Hundstad; Richter

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

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1056.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1056.

     And the roll being called:

     Yeas 32, Nays 36, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Duenwald; Duniphan; Fryslie; Garnos; Glenski; Heineman; Holbeck; Jaspers; Juhnke; Kloucek; Konold; Kooistra; Lintz; Madsen; Michels; Murschel; Nachtigal; Napoli; Pummel; Rhoden; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Gerpen; Speaker Eccarius


     Nays:
Bartling; Begalka; Bradford; Burg; Clark; Davis; Derby; Elliott; Flowers; Frost; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hunhoff; Jensen; Klaudt; Koistinen; Lange; McCaulley; McCoy; Monroe; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Sigdestad; Teupel; Valandra; Van Etten; Van Norman; Wick

     Excused:
Hundstad; Richter

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

     Rep. McCaulley moved that a a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HB 1056.

     Which motion prevailed.

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1064.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1064.

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, 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; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Valandra; Van Norman

     Excused:
Hundstad; Richter

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



CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on HB 1019 as found on pages 302 to 304 of the House Journal ; also

     Taxation on HB 1127 as found on pages 314 and 315 of the House Journal ; also

     Commerce on HB 1003 as found on pages 315 and 316 of the House Journal ; also

     Commerce on SB 2 as found on pages 316 and 317 of the House Journal ; also

     Commerce on HB 1205 as found on page 317 of the House Journal ; also

     Commerce on HB 1218 as found on page 317 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1149:   FOR AN ACT ENTITLED, An Act to   provide that school districts or school bus contracting companies be notified when the commercial driver license of a school bus driver is suspended or revoked.

     Was read the second time.

     The question being "Shall HB 1149 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; 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; 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

     Excused:
Begalka; Hundstad



     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 1236:   FOR AN ACT ENTITLED, An Act to   authorize auction agencies to accept for sale vehicles owned by vehicle manufacturers under certain conditions.

     Was read the second time.

     The question being "Shall HB 1236 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; 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; 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

     Excused:
Begalka; Hundstad

     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 1170:   FOR AN ACT ENTITLED, An Act to   prohibit the tampering with anhydrous ammonia and to provide a penalty for a violation thereof.

     Was read the second time.

     The question being "Shall HB 1170 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0


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

     Nays:
Flowers

     Excused:
Begalka; Hundstad

     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 1132:   FOR AN ACT ENTITLED, An Act to   require that certain county assessment records be made available to local equalization boards.

     Was read the second time.

     The question being "Shall HB 1132 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; 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; 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; Van Norman; Wick; Speaker Eccarius

     Excused:
Begalka; Hundstad

     Absent:
Kloucek


     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. Bill Peterson requested that SB 1 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1146:   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 second time.

1146ta

     Rep. Teupel moved that HB 1146 be amended as follows:

     On page 3 of the printed bill, delete line 1 , and insert:

"

             (5)     Prevention and suppression of fires and other nuisances Assistance to the state wildland fire coordinator in the prevention and suppression of fires;
             (6)    Prevention and suppression of other nuisances .".

     Which motion prevailed and HB 1146 was so amended.

     The question being "Shall HB 1146 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; 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


     Excused:
Hundstad; Olson (Mel)

     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 1196:   FOR AN ACT ENTITLED, An Act to   authorize the funding of textbooks through the school capital outlay fund.

     Was read the second time.

     Rep. Begalka moved that HB 1196 be deferred to Tuesday, February 6th, the 20th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1002:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the waiver of a patient's privilege on communications with a physician or psychotherapist.

     Was read the second time.

     The question being "Shall HB 1002 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, 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; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Konold; Slaughter

     Excused:
Hundstad; Olson (Mel); Smidt

     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. Bill Peterson moved that HB 1126, 1249, 1174, 1188, and 1200 be deferred to Monday, February 5th, the 19th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 48:   FOR AN ACT ENTITLED, An Act to   revise the eligibility requirements under which certain members of the South Dakota Retirement System can retire without a reduction in benefits.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 49:   FOR AN ACT ENTITLED, An Act to   provide a dividend account for members of the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

     SB 111:   FOR AN ACT ENTITLED, An Act to   allow for binding arbitration for school districts and employees under certain circumstances.

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

     SB 152:   FOR AN ACT ENTITLED, An Act to   revise certain vaccination and brucellosis testing provisions related to the importation of livestock.

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

     SB 199:   FOR AN ACT ENTITLED, An Act to   revise municipal authority to license, tax, and regulate certain transient merchants.

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


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1027, 1029, 1053, and 1078 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1027: FOR AN ACT ENTITLED, An Act to  repeal the composition requirements of the Board of Vocational Rehabilitation.

     HB 1029: FOR AN ACT ENTITLED, An Act to  allow for a change in the composition of the Board of Service to the Blind and Visually Impaired and to repeal certain functions of the board.

     HB 1053: FOR AN ACT ENTITLED, An Act to  revise the requirements for dispositional decrees entered by the courts for abused and neglected children.

     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.

     SB 18: FOR AN ACT ENTITLED, An Act to  revise the state trunk highway system.

     And signed the same in the presence of the House.

     Rep. Sigdestad moved that the House do now adjourn, which motion prevailed and at 1:56 p.m. the House adjourned.

Karen Gerdes, Chief Clerk