JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 7, 2001

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

     The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by House page Clark Wismer.

     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 twentieth 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. Smidt   introduced the 1999-2000 Outstanding School Administrators of South Dakota: Dr. Joseph Gertsema, Yankton, School Superintendents Association; Anja Hoekman, Sioux Falls, Elementary School Principals Association; and Terry Nebelsick, Huron, Secondary School Principals.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1030 as found on page 356 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1030 be approved?"

     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; 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

     Absent:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 117 and 91 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1294 and returns the same with the recommendation that said bill be amended as follows:

1294dc
     On page 1, line 6 of the printed bill, delete " one thousand two " and insert "six".

     On page 1 , line 6, after " membership " insert "from each school district or partial school district as it existed prior to consolidation".

     On page 1 , delete lines 8 to 10 , inclusive and insert:

    "Section 2. For the purposes of this Act, no student may be counted more than once."

     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 1007, 1150, and 1264 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

 Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1204 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 SB 93 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 State Affairs respectfully reports that it has had under consideration HB 1193 and returns the same with the recommendation that said bill be amended as follows:

1193oa

     On page 3, line 21 of the printed bill, delete " board " and insert "local government entity governing boards".
     On page 3 , line 22, delete " board " and insert "local government entity governing boards".

     On page 4 , line 3, delete " bel " and insert "be".

     On page 4 , line 15, delete " form " and insert "from".

     On page 4 , line 18, before " resorting " delete " the " .

     On page 4 , line 23, delete " initial " and insert "initiated".

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1004 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1254 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 115 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 Transportation respectfully reports that it has had under consideration HB 1240 which was deferred to the 41st Legislative Day.

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

     Speaker Eccarius now presiding.



MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1080, 1087, 1088, 1128, and 1156 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1099 which was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 125, 128, 137, 149, 188, 229, and 244 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 8 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Michels moved that the House do concur in Senate amendments to HB 1095.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1095.

     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 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.

     Speaker Pro tempore Michels now presiding.

     SCR 4:   A CONCURRENT RESOLUTION,   Approving and supporting the joint powers agreement entered into by the Cheyenne River Sioux Tribe and the South Dakota Secretary of State.

     Rep. Van Norman moved that SCR 4 as found on page 189 of the Senate Journal be concurred in.

     The question being on Rep. Van Norman's motion that SCR 4 be concurred in.

     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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 4 was concurred in.

     SCR 8:   A CONCURRENT RESOLUTION,   Supporting programs that bring communities together to examine their demographic pasts and futures and that encourage them to look beyond traditional barriers to find practical solutions to the problems they face.

     Was read the first time and the Speaker waived the committee referral.

     HCR 1005   Introduced by:  Representatives Brown (Richard), Adelstein, Bartling, Broderick, Burg, Davis, Derby, Duenwald, Eccarius, Elliott, Flowers, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hunhoff, Jaspers, Juhnke, Klaudt, Kloucek, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Murschel, Nachtigal, Napoli, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Jim), Pitts, Pummel, Rhoden, Sigdestad, Solum, Teupel, Van Etten, and Wick and Senators Volesky, Albers, Bogue, Brosz, Brown (Arnold), Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hainje, Ham, Hutmacher, Kleven, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, and Whiting

         A CONCURRENT RESOLUTION,  Recognizing February sixth as Kids Voting Day in South Dakota.

     WHEREAS,  Kids Voting is a private, nonpartisan, nonprofit grassroots organization dedicated to building a better informed generation of voters; and

     WHEREAS,  the Kids Voting program begins with teachers incorporating the hands-on Kids Voting curriculum in the classroom and culminates on election day when students go to official voting sites and cast their votes on the same candidates and issues as adults; and

     WHEREAS,  Kids Voting South Dakota strives to improve citizen involvement in democracy in South Dakota's communities by preparing current and future generations of citizens for participation in their government; and

     WHEREAS,  in the 2000 election, 72,054 students from 262 South Dakota schools, along with some 4,000 volunteers and 5,500 educators participated in Kids Voting with students voting in 452 precincts across the state; and

     WHEREAS,  research has proven that when students become involved in Kids Voting, their parents also become involved in the election process:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- sixth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature encourages all counties to institute a Kids Voting campaign; and

     BE IT FURTHER RESOLVED,  that February sixth be declared Kids Voting Day in South Dakota.

     Was read the first time and the Speaker waived the committee referral.


CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on HB 1020 as found on page 357 of the House Journal ; also

     Education on HB 1227 as found on page 367 of the House Journal ; also

     Local Government on HB 1199 as found on pages 368 and 369 of the House Journal ; also

     Local Government on HB 1252 as found on pages 369 and 370 of the House Journal ; also

     Commerce on HB 1185 as found on page 371 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1122:   FOR AN ACT ENTITLED, An Act to   modify the time required for a temporary custody hearing to be held in certain juvenile legal proceedings.

     Was read the second time.

     The question being "Shall HB 1122 pass as amended?"

     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.

     HB 1177:   FOR AN ACT ENTITLED, An Act to   revise when certain assessments have to be paid before an assessment may be appealed.

     Was read the second time.

     The question being "Shall HB 1177 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, 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 Gerpen; Wick

     Nays:
Van Norman

     Excused:
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.

     HB 1266:   FOR AN ACT ENTITLED, An Act to   allow a day started late due to inclement weather to constitute a full school day.

     Was read the second time.

     The question being "Shall HB 1266 pass?"

     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; 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

     Absent:
Derby

     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 1140:   FOR AN ACT ENTITLED, An Act to   require farm mutual insurers to comply with insurance fraud provisions.

     Was read the second time.

     The question being "Shall HB 1140 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1108:   FOR AN ACT ENTITLED, An Act to   revise the definition of local effort in the state aid to education formula.


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

     Rep. Thomas Hennies moved that HB 1108 be deferred to Monday, February 12th, the 24th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1106:   FOR AN ACT ENTITLED, An Act to   revise the classes of investments available for state funds.

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

1106oa

     Rep. Adelstein moved that HB 1106 be amended as follows:

     On page 2, line 1 of the printed bill, delete " credit unions, " .

     On page 2 , line 1, overstrike " . " and insert " ; ".

     On page 2 , after line 1, insert:

"

             (6)    In addition to the investments authorized by subdivisions (1) to (5) of this section, inclusive, the investment council may also allocate a sum certain of state public funds for investment in the accounts and certificates of South Dakota banks and associations. This sum shall initially be offered exclusively to South Dakota banks and associations, and if not initially fully subscribed, the investment officer shall again immediately reoffer the unsubscribed sum to the banks and associations. Thereafter, any sum remaining and not subscribed by the banks and associations may be offered to other qualified public depositories defined by subdivision 4-6A-1(7). ".

    A roll call vote was requested and supported.

     The question being on Rep. Adelstein's motion that HB 1106 be amended.

     And the roll being called:

     Yeas 23, Nays 47, Excused 0, Absent 0

     Yeas:
Adelstein; Broderick; Brown (Jarvis); Derby; Duniphan; Frost; Garnos; Heineman; Holbeck; Jaspers; Jensen; Juhnke; Koistinen; Konold; Pederson (Gordon); Peterson (Bill); Richter; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Klaudt; Kloucek; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Valandra; Van Gerpen; Van Norman

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

     The question being "Shall HB 1106 pass?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Frost; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Klaudt; Kloucek; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Smidt; Valandra; Van Norman

     Nays:
Adelstein; Broderick; Brown (Jarvis); Derby; Duniphan; Fryslie; Garnos; Hansen (Tom); Heineman; Jensen; Juhnke; Koistinen; Konold; Monroe; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; 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.

     HB 1225:   FOR AN ACT ENTITLED, An Act to   clarify the courts in which garnishment proceedings may be pursued.

     Was read the second time.

     The question being "Shall HB 1225 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 3, 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; 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; Wick; Speaker Eccarius

     Nays:
Bradford; Kloucek; 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 1198:   FOR AN ACT ENTITLED, An Act to   provide for a possessory lien on the contents of certain towed vehicles.

     Was read the second time.

     Rep. Duniphan moved that HB 1198 be deferred to Thursday, February 8th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1257:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reimbursement of attorney fees by certain indigent defendants.

     Was read the second time.

     The question being "Shall HB 1257 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent 0

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

     Nays:
Bradford; Burg; Davis; Flowers; Gillespie; Hanson (Gary); Hargens; Hennies (Thomas); Kloucek; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Valandra; Van Norman

     Excused:
McCaulley

     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 1191:   FOR AN ACT ENTITLED, An Act to   revise and clarify who may carry a firearm on a motorcycle or off-road vehicle.

     Was read the second time.

     The question being "Shall HB 1191 pass?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); 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); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Burg; Hanson (Gary); Hundstad; Kloucek; Pederson (Gordon); Richter; Valandra; 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.

     Speaker Eccarius now presiding.

     HB 1189:   FOR AN ACT ENTITLED, An Act to   revise the method for determining average daily membership as it applies to the state aid to education formula.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1189 be deferred to Thursday, February 8th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1243:   FOR AN ACT ENTITLED, An Act to   revise the definition of adjusted average daily membership in the state aid to education formula.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1243 be deferred to Thursday, February 8th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1114:   FOR AN ACT ENTITLED, An Act to   revise certain voting and participation requirements related to bond issues involving two or more political subdivisions.

     Was read the second time.

     The question being "Shall HB 1114 pass?"

     And the roll being called:

     Yeas 40, Nays 30, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Frost; Hansen (Tom); Hanson (Gary); Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Klaudt; Konold; Kooistra; Lange; Madsen; Michels; Murschel; Nesselhuf; Olson (Mel); Pederson (Gordon); Pitts; Pummel; Sebert; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman

     Nays:
Begalka; Duenwald; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hargens; Heineman; Hundstad; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Lintz; McCaulley; McCoy; Monroe; Nachtigal; Napoli; Peterson (Bill); Peterson (Jim); Rhoden; Richter; Sigdestad; Smidt; Van Gerpen; 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.

     HB 1166:   FOR AN ACT ENTITLED, An Act to   prohibit local regulation of certain motor vehicle exhaust brake systems.


     Was read the second time.

     The question being "Shall HB 1166 pass?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Burg; Davis; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Lange; Lintz; Madsen; McCoy; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Sigdestad; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick

     Nays:
Broderick; Brown (Richard); Clark; Duniphan; Hansen (Tom); Heineman; Hennies (Thomas); Juhnke; Konold; Kooistra; McCaulley; Michels; Murschel; Pederson (Gordon); Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Van Gerpen; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby

     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 1251:   FOR AN ACT ENTITLED, An Act to   assign a rebuttable presumption that certain electors are not qualified when signing petitions.

     Was read the second time.

     Rep. Davis moved that HB 1251 be deferred to Thursday, February 8th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1276:   FOR AN ACT ENTITLED, An Act to   require historical or educational municipal corporations to maintain its property.

     Was read the second time.

     The question being "Shall HB 1276 pass?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 3, Absent 0

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

     Nays:
Begalka; Clark; Elliott; Hargens; Hennies (Don); Hundstad; Napoli; Peterson (Jim); Rhoden; Van Norman

     Excused:
Brown (Jarvis); Pederson (Gordon); Teupel

     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.

     Speaker Pro tempore Michels now presiding.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 125:   FOR AN ACT ENTITLED, An Act to   clarify workers' compensation coverage for uncompensated volunteers and prisoners.

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

     SB 128:   FOR AN ACT ENTITLED, An Act to   require an agency to serve minutes of the rules hearing before the agency appears before the Interim Rules Committee.

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

     SB 137:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the delivery of the certificate of title upon the sale of a secondhand vehicle.

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

     SB 149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the housing of prisoners from other jurisdictions.


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

     SB 188:   FOR AN ACT ENTITLED, An Act to   revise the time period when a garnishee summons and affidavit is served on the defendant.

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

     SB 229:   FOR AN ACT ENTITLED, An Act to   provide direction to the South Dakota Investment Council in the investment of the net proceeds derived from the sale of state cement enterprises and to declare an emergency.

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

     SB 244:   FOR AN ACT ENTITLED, An Act to   require assisted living centers to disclose certain health care charges.

     Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 103:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the confidentiality of lottery records.

     Was read the second time.

     The question being "Shall SB 103 pass?"

     And the roll being called:

     Yeas 58, Nays 11, Excused 0, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Garnos; 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; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Sigdestad; Slaughter; Smidt; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Davis; Frost; Gillespie; McCoy; Nachtigal; Pederson (Gordon); Richter; Sebert; Solum; Sutton (Duane)

     Absent:
Pummel

     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. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1194 and returns the same with the recommendation that said bill be amended as follows:

1194rc
     On page 1 of the printed bill, delete lines 5 to 15 , inclusive, and insert:

"      43-43B-1.   A person is guilty of unlawful use of a computer system, software, or data if he the person :

             (1)      Knowingly obtains the use of, or accesses (or exceeds authorized access) , a computer system, or any part thereof, without the consent of the owner;

             (2)      Knowingly alters or destroys computer programs or data without the consent of the owner; or

             (3)      Knowingly obtains use of, alters, accesses or destroys a computer system, or any part thereof, as part of a deception for the purpose of obtaining money, property or services from the owner of a computer system or any third party; or

             (4)      Knowingly uses or discloses to another or attempts to use or disclose to another the numbers, codes, passwords or other means of access to a computer, computer program or computer system without the consent of the owner obtains the use of, accesses (or exceeds authorized access), a computer system, or any part thereof, without the consent of the owner, and such access or use includes access to confidential data or material;

             (3)    Knowingly copies or obtains information from a computer system, or compromises any security controls for such computer system, or uses or discloses to another, or

attempts to use or disclose to another, the numbers, codes, passwords, or other means of access to a computer system without the consent of the owner;

             (4)    Knowingly disrupts, denies, or inhibits access to software or data without the consent of the owner;

             (5)    Knowingly disrupts, denies, or inhibits access to a computer system;

             (6)    Knowingly modifies, changes, or alters software or data, without the consent of the owner;

             (7)    Knowingly obtains use of, alters, accesses (or exceeds authorized access), destroys, disables, or inhibits access to a computer system, as part of a deception for the purpose of obtaining money, property, or services from the owner of a computer system, or any third party;

             (8)    Knowingly destroys or disables a computer system; or

             (9)    Knowingly destroys or disables software or computer data .

     Section 2. That § 43-43B-2 be amended to read as follows:

     43-43B-2.   Terms used in this chapter , unless the context requires otherwise, mean:

             (1)      "Access," to instruct, communicate with, store data in, retrieve data from a computer, computer system or computer network ;

             (2)      "Computer," an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation;

             (3)      " Computer program Software ," a series of coded instructions or statements in a form acceptable to a computer system , which causes the computer system to process data in order to achieve a certain result;

             (4)      "Computer system," a set of related, connected devices, including a computer and other devices, including but not limited to shall include any one or more computers, computer networks, other related devices, data input and output and storage devices, data communications links , and computer programs and data, that make the system capable of performing the special purpose data processing tasks for which it is specified ;

             (5)    "Computer network," a set of related, connected network electronics and communications links that allows any one or more computer system to communicate amongst or between themselves;

             (6)    "Destroy," to make unusable, render inoperable, render unable to accept or process data, or supply results, render unable to perform data processing tasks or cause

computer networks to be unable to transfer data between computer systems for any amount of time .

     Section 3. That § 43-43B-3 be amended to read as follows:

     43-43B-3.   A person convicted of a violation of subdivision 43-43B-1 (1), (2), or (4) where the value of the use, alteration, destruction, access or disclosure is one thousand dollars or less is guilty Violations of the provisions of §   43-43B-1 are punishable as follows:

             (1)    For a violation of subdivision (1), a Class 1 misdemeanor ;

             (2)    For a violation of subdivision (2) or (3), a Class 6 felony;

             (3)    For a violation of subdivision (4), a Class 5 felony;

             (4)    For a violation of subdivision (5) or (6), a Class 4 felony;

             (5)    For a violation of subdivision (8) or (9), a Class 3 felony;

             (6)    For a violation of subdivision (7), a Class 2 felony . ".

     Delete pages 2 and 3 .

     On page 4 , delete lines 1 to 6 , inclusive.

1194rf

     On the previously adopted amendment (1194rc), in section 2, between subdivisions (5) and (6), insert:

"

             (5A)    "Data," digitized information in any form that may be accessed by a computer system, regardless of whether the information is in transmission or stored on a computer system, diskette, compact diskette, cd-rom, tape, or in any other medium; ".

1194re

     On the previously adopted amendment (1194rc), in subdivision 43-43B-1(5), after " system " insert " , without consent of the owner ".

     On the previously adopted amendment (1194rc), in subdivision 43-43B-1(8), after " system " insert " , without consent of the owner ".

     On the previously adopted amendment (1194rc), in subdivision 43-43B-1(9), after " data " insert " , without consent of the owner ".

1194rd
     On page 4 of the printed bill, delete lines 19 to 24 , inclusive.
     On page 5 , delete line 1 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1274 and returns the same with the recommendation that said bill be amended as follows:

1274ja

     On page 1, line 6 of the printed bill, delete everything after " person " and insert " whose name appears on the central registry for child abuse and neglect ".

     On page 1 , line 7, delete everything before " may: " .

     On page 1 , line 13, delete everything after " or " and insert " whose name appears on the central registry for child abuse and neglect ".

     On page 1 , delete line 14 , and insert " is guilty of a Class 1 ".

     On page 2 , line 5, delete " who has a " and insert " whose name appears on the central registry for child abuse and neglect ".

     On page 2 , delete line 6 .

     On page 2 , line 7, delete " Services " .

1274ra

     On page 2, line 4 of the printed bill, delete " Knowingly permits another person who " and insert "Permits another person who knowing that person ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1284 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jarvis W. Brown, Chair

MESSAGES FROM THE SENATE


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 2 and has appointed Sens. Daugaard, Madden, and Duxbury as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

     The Speaker appointed Reps. Konold, Solum, and Mel Olson as 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 SB 2.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1080, 1087, 1088, 1128, and 1156 and finds the same correctly enrolled.

Also MR. SPEAKER

     The Committee on Legislative Procedure respectfully reports that HB 1013, 1023, and 1064 were delivered to his Excellency, the Governor, for his approval at 3:18 p.m., February 6, 2001.

Respectfully submitted,
Scott Eccarius, Chair

     Speaker Eccarius now presiding.

SIGNING OF BILLS


     The Speaker publicly read the title 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.

     HB 1087: FOR AN ACT ENTITLED, An Act to  provide for the consolidation and annexation of road districts.

     HB 1088: FOR AN ACT ENTITLED, An Act to  require the provision of health insurance coverage for diagnostic screening for prostate cancer.

     HB 1128: FOR AN ACT ENTITLED, An Act to  revise certain requirements concerning county budget hearings.

     HB 1156: 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.

     SB 141: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning physician licensure.

     And signed the same in the presence of the House.

     Rep. Klaudt moved that the House do now adjourn, which motion prevailed and at 4:19 p.m. the House adjourned.

Karen Gerdes, Chief Clerk