JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 22, 2002

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

     The prayer was offered by the Chaplain, Father William Osborn, followed by the Pledge of Allegiance led by House page Brittany Sutton.

     Roll Call: All members present except Reps. Bradford, Jarvis Brown, Derby, Duenwald, Flowers, and Pummel who were 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 ninth 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.
     The oath of office was administered by Speaker Pro tempore Michels to the following named pages: Dakota Bixler, Eric Fosheim, Paul Fullerton, Jeremy Hargens, Alisha Hornseth, Holly Maher, Kayla Nebelsick, Katie O'Connor, Amber Potas, Kayla Rygh, KyLee Schaefer, Sheila Schneider, Brittany Sutton, and Shelby Williams.

    Which was subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS


     Speaker Pro tempore Michels   introduced Margie Reynolds of Hill City, the 2001-2002 Outstanding School Board Member.

     Rep. Kloucek   introduced Miss Jane Grandi, Tabor Czech Days Queen. She was accompanied by Prince Max Grandi and Princess Ashley Herman.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1185 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1186 which was deferred to the 36th Legislative Day.

Respectfully submitted,
James A. Lintz, Vice Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1074 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 Taxation respectfully reports that it has had under consideration HB 1088, 1089, 1145, and 1156 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Richard "Dick" E. Brown, Chair
Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1103, 1110, and 1131 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 Commerce respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

1134ja
     On page 1, line 5 of the printed bill, after " broker " insert " and before procuring any insurance coverage for an insured ".

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1117 and tabled the same.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1076 and returns the same with the recommendation that said bill be amended as follows:

1076fc
     On page 1 of the printed bill, remove the overstrikes from line 5 .
     On page 1 , line 5, after " who " insert " , unless otherwise provided by ordinance, ".

     On page 1 , remove the overstrikes from line 6 .

     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 1180 and returns the same with the recommendation that said bill be amended as follows:

1180fa
     On page 1, after line 12 of the printed bill, insert:

"      Section 2. That § 26-7A-32 be amended to read as follows:

     26-7A-32.   There is hereby created a lien, enforceable as provided in chapter 23A-40, upon all the property, both real and personal, of the parents, jointly or severally, of any child involved in proceedings under this chapter or chapter 26-8A, 26-8B, or 26-8C to repay funds paid by the county for a court-appointed attorney for the child's parents or by the county or the state for the child. The county, on behalf of the county or the state, shall have a claim against the parents and their estates, jointly or severally, as provided in chapter 23A-40.

     However, except in the case of informal adjustment or suspended imposition of adjudication, no lien or claim against the parents of a child may be created or may arise if the child is not adjudicated to be an abused or neglected child, a child in need of supervision or a delinquent child at the completion of the adjudicatory hearing and the proceedings are terminated.

     The lien and claim on the property of the parents of a child pursuant to this section may not exceed one two thousand dollars. This limit does not apply to any claim or lien against the parents of a child adjudicated to be an abused or neglected child. ".

     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 1222 and returns the same with the recommendation that said bill be amended as follows:

1222fa
     On page 1, line 6 of the printed bill, delete " The " and insert " Any paid ".

     And that as so amended said bill do pass.
Respectfully submitted,
J.P. Duniphan, Chair
Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1072 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 1183 and 1207 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 15, 21, 26, 30, 35, 39, 46, 48, 55, and 57 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 1:   A CONCURRENT RESOLUTION,   Commemorating the 20th anniversary this year of the death of Crazy Horse Memorial sculptor Korczak Ziolkowski and recognizing the sculptor's wife and family for their dedication and great progress at the Memorial during the two decades since Korczak's passing.

     Rep. Thomas Hennies moved that SCR 1 as found on page 78 of the Senate Journal be concurred in.

     The question being on Rep. Thomas Hennies' motion that SCR 1 be concurred in.

     And the roll being called:

     Yeas 61, Nays 0, Excused 7, Absent 2


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Burg; Clark; Davis; Duniphan; Elliott; 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; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; Pummel; Valandra

     Absent:
Brown (Richard); Van Gerpen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 1 was concurred in.

     Rep. Broderick moved that HB 1188 be referred from the Committee on Transportation to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1069 as found on pages 192 and 193 of the House Journal ; also

     Judiciary on HB 1081 as found on page 193 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1254   Introduced by:  Representatives Fryslie, Duenwald, Hanson (Gary), and Jensen and Senators Diedrich (Larry), Ham, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to livestock auction agencies and livestock dealers.

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



     HB 1255   Introduced by:  Representatives Madsen, Broderick, Derby, Duenwald, Jaspers, McCoy, Nachtigal, Peterson (Bill), Pummel, Teupel, and Valandra and Senators Apa, Cradduck, Ham, Madden, McCracken, and Symens

       FOR AN ACT ENTITLED, An Act to   provide that the provisions limiting the number of retail alcohol licenses that may be issued to one person do not apply to certain additional convention facility on-sale licenses.

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

     HB 1256   Introduced by:  Representative Gillespie and Senator Whiting

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding title insurance reserves.

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

     HB 1257   Introduced by:  Representatives Lintz, Fryslie, Hennies (Thomas), Klaudt, Koistinen, Madsen, and Teupel and Senators Vitter, Albers, Bogue, and Diedtrich (Elmer)

       FOR AN ACT ENTITLED, An Act to   revise the requirements for volunteer firefighters to become eligible for workers' compensation.

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

     HB 1258   Introduced by:  Representatives Hunhoff, Abdallah, Begalka, Broderick, Elliott, Frost, Heineman, Holbeck, Kooistra, Michels, Murschel, Olson (Mel), Peterson (Bill), Sebert, Solum, Sutton (Duane), Van Etten, and Van Gerpen and Senators Olson (Ed), Albers, Brown (Arnold), Cradduck, de Hueck, McCracken, Moore, and Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the nurses' education assistance loan program, to assess a fee on certain health care facilities for the program, and to make an appropriation for the program.

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

     HB 1259   Introduced by:  Representatives Jensen, Juhnke, Rhoden, Sutton (Duane), Valandra, and Van Norman and Senators Hagen, Koskan, and Volesky

       FOR AN ACT ENTITLED, An Act to   revise the information that is collected and appears on a driver license.

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


     HB 1260   Introduced by:  Representatives Jensen, Duenwald, Frost, Fryslie, Juhnke, and Rhoden and Senator Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide certain restrictions for local governments opting out of the limitation on tax levy increases.

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

     HB 1261   Introduced by:  Representatives Jensen, Duenwald, Frost, Fryslie, Juhnke, Rhoden, and Sutton (Duane) and Senators Olson (Ed) and Greenfield

       FOR AN ACT ENTITLED, An Act to   provide certain restrictions for local governments that have opted out of the limitation on tax levy increases.

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

     HB 1262   Introduced by:  Representatives Hansen (Tom), Broderick, Brown (Jarvis), Davis, Garnos, Hennies (Don), and Pummel and Senators Apa and Cradduck

       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 1263   Introduced by:  Representatives Klaudt, Adelstein, Brown (Jarvis), Burg, Clark, Fryslie, Garnos, Hennies (Thomas), Kooistra, Lange, Lintz, McCaulley, McCoy, Monroe, Murschel, Napoli, Olson (Mel), and Sutton (Duane) and Senators Apa, Bogue, Greenfield, and Koskan

       FOR AN ACT ENTITLED, An Act to   revise the authority for state expenditures.

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

     HB 1264   Introduced by:  Representatives Klaudt, Burg, Jensen, Lintz, McCaulley, Pummel, and Rhoden and Senators Bogue, Drake, Greenfield, Koskan, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding aerial hunting.

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

     HB 1265   Introduced by:  Representatives Abdallah, Broderick, Brown (Jarvis), Brown (Richard), Davis, Derby, Duenwald, Duniphan, Frost, Fryslie, Hanson (Gary), Heineman,

Hennies (Thomas), Hundstad, Jaspers, Juhnke, Konold, Kooistra, Madsen, McCaulley, Murschel, Napoli, Nesselhuf, Peterson (Bill), Richter, Sebert, and Valandra and Senators Munson, Albers, Cradduck, Diedrich (Larry), Hutmacher, McCracken, and Symens

       FOR AN ACT ENTITLED, An Act to   allow for the issuance of metal plates with a special designation to auction agencies.

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

     HB 1266   Introduced by:  Representatives Bradford, Bartling, Hargens, Hundstad, Lange, Nachtigal, Peterson (Jim), Sigdestad, Valandra, and Van Norman and Senators Hagen, Koetzle, and McIntyre

       FOR AN ACT ENTITLED, An Act to   revise certain statutes relating to the eligibility of individual's employed by certain schools for unemployment benefits.

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

     HB 1267   Introduced by:  Representatives Bradford, Abdallah, Bartling, Elliott, Flowers, Hennies (Don), Hundstad, Nachtigal, Valandra, and Van Norman and Senators Hagen and Hutmacher

       FOR AN ACT ENTITLED, An Act to   direct the Department of Game, Fish and Parks to enter into negotiations with Indian tribes related to the management of Bear Butte State Park.

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

     HB 1268   Introduced by:  Representatives McCaulley and Napoli and Senator Staggers

       FOR AN ACT ENTITLED, An Act to   provide for a sales tax holiday on tangible personal property.

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

     HB 1269   Introduced by:  Representatives Madsen, Flowers, Hennies (Don), and Teupel and Senators Munson, Apa, de Hueck, Moore, and Staggers

       FOR AN ACT ENTITLED, An Act to   provide certain procedures for the imposition of development impact fees.

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


     HB 1270   Introduced by:  Representatives Solum, Konold, and Nesselhuf and Senator Brosz

       FOR AN ACT ENTITLED, An Act to   to amend the General Appropriations Act for fiscal year 2002.

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

     HB 1271   Introduced by:  Representatives Juhnke and Jensen and Senator Koskan

       FOR AN ACT ENTITLED, An Act to   make an appropriation for the purchase of dive rescue and recovery equipment and associated training.

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

     HB 1272   Introduced by:  Representatives Clark, Abdallah, Flowers, Fryslie, Hansen (Tom), Hennies (Don), Jaspers, Lintz, Pummel, and Rhoden and Senators Diedrich (Larry), Cradduck, Hutmacher, Madden, Olson (Ed), and Reedy

       FOR AN ACT ENTITLED, An Act to   authorize certain wine shipments.

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

     HB 1273   Introduced by:  Representative Duniphan and Senator Ham

       FOR AN ACT ENTITLED, An Act to   revise the requirements for obtaining plates and certificates to park in any space reserved for the disabled.

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

     HB 1274   Introduced by:  Representatives Kloucek, Bartling, Bradford, Elliott, Kooistra, Lange, and Peterson (Jim) and Senators Dennert, Koetzle, McIntyre, Moore, and Volesky

       FOR AN ACT ENTITLED, An Act to   revise the distribution of revenue from the petroleum release compensation and tank inspection fee.

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

     HB 1275   Introduced by:  Representative Kloucek

       FOR AN ACT ENTITLED, An Act to   repeal certain restrictions on school district transfers.

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



     HB 1276   Introduced by:  Representative Kloucek and Senator Volesky

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to enforcement actions for weight violations by certain buses.

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

     HB 1277   Introduced by:  Representatives Adelstein, Brown (Richard), and Davis and Senators Ham, Hutmacher, and Moore

       FOR AN ACT ENTITLED, An Act to   revise the use of the children's trust fund and to make an appropriation for family visitation centers.

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

     HB 1278   Introduced by:  Representatives Kooistra and McCoy and Senator Staggers

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

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

     HB 1279   Introduced by:  Representatives Peterson (Bill), Broderick, Jaspers, Madsen, Michels, Olson (Mel), Richter, and Smidt and Senators Everist, Brown (Arnold), Daugaard, Hutmacher, McCracken, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the Board of Water and Natural Resources and the South Dakota Conservancy District, to provide for the establishment of a corporation by the South Dakota Conservancy District for the purpose of acquiring, owning, leasing, subleasing and disposing of certain land, improvements and capital equipment comprising all or a portion of a system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers of municipalities and other public entities in connection therewith.

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

     HB 1280   Introduced by:  Representative Derby

       FOR AN ACT ENTITLED, An Act to   revise the definition of a controlled group for sales tax purposes.

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


     HB 1281   Introduced by:  Representative Derby

       FOR AN ACT ENTITLED, An Act to   lengthen the period required for notice of cancellation of certain insurance policies.

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

     HB 1282   Introduced by:  Representatives Rhoden and Van Etten and Senator Kleven

       FOR AN ACT ENTITLED, An Act to   place a moratorium on certain new outdoor advertising permits, to create a task force to review the state laws regulating outdoor advertising along state highways, and to declare an emergency.

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

     HB 1283   Introduced by:  Representatives Eccarius and Michels and Senators Daugaard, Diedrich (Larry), and Everist

       FOR AN ACT ENTITLED, An Act to   establish the crime of physical abuse of an infant, to designate the offense as a crime of violence, and to provide certain penalties therefor.

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

     HB 1284   Introduced by:  Representatives Bartling and Sutton (Duane) and Senators Olson (Ed) and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   establish a comprehensive health insurance risk pool and to make an appropriation therefor.

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

     HB 1285   Introduced by:  Representatives Heineman and Solum and Senators Albers and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   expand the RxAccess Program to assist additional individuals in obtaining prescription medications through patient assistance programs sponsored by pharmaceutical manufacturers and to make an appropriation therefor.

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

     HB 1286   Introduced by:  Representatives Van Etten, Adelstein, and Hunhoff and Senators Daugaard and Whiting


       FOR AN ACT ENTITLED, An Act to   provide distributions from certain funds.

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

     HB 1287   Introduced by:  Representatives Wick, Begalka, Duenwald, Klaudt, Koistinen, Lange, McCoy, Rhoden, and Van Gerpen and Senators Koskan and Kleven

       FOR AN ACT ENTITLED, An Act to   increase funding for education, to reduce state government reliance on lottery proceeds, and to revise the distribution of lottery proceeds.

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

     HB 1288   Introduced by:  Representative Wick and Senators Cradduck and Everist

       FOR AN ACT ENTITLED, An Act to   allow certain persons to administer epinephrine in certain circumstances.

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

     HB 1289   Introduced by:  Representatives Van Etten, Bradford, Elliott, Hundstad, Konold, and Sebert and Senators Cradduck, Diedtrich (Elmer), and Ham

       FOR AN ACT ENTITLED, An Act to   establish certain requirements that must be met before the Department of Social Services may require prior authorization for prescription drugs provided to certain individuals.

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

     HB 1290   Introduced by:  Representatives Teupel, Broderick, Klaudt, Madsen, and McCoy and Senators Bogue, Everist, and McCracken

       FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education.

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

     HB 1291   Introduced by:  Representatives Brown (Richard), Bradford, Elliott, and Hennies (Don) and Senators Diedtrich (Elmer) and Brown (Arnold)

       FOR AN ACT ENTITLED, An Act to   revise the requirements for obtaining a specialty license plate organizational decal.

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



     HB 1292   Introduced by:  Representatives Van Norman, Adelstein, Bradford, Burg, Davis, Flowers, Glenski, Hanson (Gary), Hargens, Hundstad, Jensen, Klaudt, Lange, McCoy, Murschel, Nachtigal, Olson (Mel), Peterson (Jim), Sigdestad, and Valandra and Senators Volesky, de Hueck, Hagen, Koetzle, Koskan, McIntyre, Moore, Putnam, Staggers, and Symens

       FOR AN ACT ENTITLED, An Act to   require certain statistics regarding traffic law enforcement to be collected and maintained.

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

     HB 1293   Introduced by:  Representatives Van Norman, Bradford, Burg, Hanson (Gary), Hargens, Hundstad, Klaudt, Kloucek, Nesselhuf, Sigdestad, and Valandra and Senators Volesky, Hagen, Ham, Koetzle, McIntyre, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

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

     HB 1294   Introduced by:  Representative Konold

       FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the South Dakota Building Authority.

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

     HB 1295   Introduced by:  Representatives Duenwald, Bartling, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Duniphan, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Holbeck, Jaspers, Jensen, Juhnke, Klaudt, Konold, Lintz, Michels, Monroe, Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Rhoden, Richter, Sebert, Sigdestad, Smidt, Sutton (Duane), Van Gerpen, Van Norman, and Wick and Senators Symens, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Koetzle, Koskan, McCracken, McIntyre, Moore, Munson, Olson (Ed), Sutton (Dan), Vitter, Volesky, and Whiting

       FOR AN ACT ENTITLED, An Act to   provide for the voters' consideration of a proposed constitutional amendment to Article XVII in June 2002, to make an appropriation therefor, and to declare an emergency.

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


     HJR 1008   Introduced by:  Representatives Wick, Begalka, Brown (Jarvis), Brown (Richard), Clark, Davis, Derby, Duenwald, Elliott, Flowers, Frost, Fryslie, Garnos, Hansen (Tom), Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hunhoff, Jensen, Juhnke, Klaudt, Koistinen, Kooistra, Lintz, Madsen, McCaulley, McCoy, Monroe, Peterson (Bill), Pummel, Rhoden, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Van Etten, and Van Gerpen and Senators Vitter, Albers, Brosz, Brown (Arnold), Cradduck, Drake, Greenfield, Hagen, Ham, Hutmacher, Koetzle, Koskan, McCracken, McIntyre, Moore, Munson, Olson (Ed), and Whiting

       A JOINT RESOLUTION,   Proposing and submitting to the voters at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to hunting, fishing, and trapping.

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

     HJR 1009   Introduced by:  Representatives Duenwald, Bartling, Broderick, Brown (Jarvis), Brown (Richard), Burg, Duniphan, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Holbeck, Jaspers, Jensen, Juhnke, Klaudt, Konold, Lintz, Michels, Monroe, Nachtigal, Nesselhuf, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Rhoden, Richter, Sebert, Sigdestad, Smidt, Sutton (Duane), Van Gerpen, Van Norman, and Wick and Senators Symens, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Koetzle, Koskan, McCracken, McIntyre, Moore, Munson, Olson (Ed), Vitter, Volesky, and Whiting

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1075:   FOR AN ACT ENTITLED, An Act to   provide for a bank's investment limitations.

     Was read the second time.

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

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0



     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; 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; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; 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.

     HB 1071:   FOR AN ACT ENTITLED, An Act to   authorize the continuation of a pilot program granting secured parties access to the state's computer system.

     Was read the second time.

     The question being "Shall HB 1071 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 6, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; 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; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; Pummel

     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.


     HB 1104:   FOR AN ACT ENTITLED, An Act to   prohibit the filing of false financing statements.

     Was read the second time.

     The question being "Shall HB 1104 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; 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; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1037:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Revenue to deny a motor vehicle registration or title to certain commercial motor carriers and to provide for the suspension or revocation of certain commercial motor carrier registration, license plates, or permits.

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

1037fa

     Rep. Napoli moved that HB 1037 be amended as follows:

     On page 1, line 11 of the printed bill, after " Administration. " insert "However, the department or its agent may allow a commercial motor carrier, who has been prohibited from operating by the Federal Motor Carrier Safety Administration, to transfer a title if the commercial motor carrier does not retain an interest, either directly or indirectly, in the vehicle.".

     On page 2 , line 2, after " vehicle " insert "provided all other taxes and fees have been paid to the department".

     Which motion prevailed and HB 1037 was so amended.

     The question being "Shall HB 1037 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; 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; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; 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.

     HB 1052:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the state training school and the state juvenile reformatory.

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

     Rep. Bill Peterson moved that HB 1052 be deferred to Thursday, January 24th, the 12th legislative day.

    Which motion prevailed and the bill was so deferred.

     HB 1017:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to the commitment of persons with developmental disabilities.

     Was read the second time.

     The question being "Shall HB 1017 pass as amended?"

     And the roll being called:



     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; 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; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; 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.

     HB 1040:   FOR AN ACT ENTITLED, An Act to   provide for the treatment of Indian tribes for purposes of unemployment insurance.

     Was read the second time.

     The question being "Shall HB 1040 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; 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; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; 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.


     HB 1024:   FOR AN ACT ENTITLED, An Act to   revise the penalties for overweight vehicle violations.

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

1024fc

     Rep. Teupel moved that HB 1024 be amended as follows:

     On page 1 of the House Transportation Committee engrossed bill, overstrike lines 9 and 10.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.


     A roll call vote was requested and supported.

     The question being on Rep. Teupel's motion that HB 1024 be amended.

     And the roll being called:

     Yeas 33, Nays 31, Excused 6, Absent 0

     Yeas:
Bartling; Begalka; Burg; Davis; Elliott; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Lange; Lintz; Madsen; McCoy; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Sigdestad; Teupel; Valandra; Van Gerpen

     Nays:
Abdallah; Adelstein; Broderick; Brown (Richard); Clark; Duniphan; Frost; Garnos; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Juhnke; Konold; Kooistra; McCaulley; Michels; Murschel; Pederson (Gordon); Peterson (Bill); Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; Pummel

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1024 was so amended.

     The question being "Shall HB 1024 pass as amended?"


     And the roll being called:

     Yeas 47, Nays 17, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Burg; Clark; Davis; Duniphan; Elliott; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Sigdestad; Smidt; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Abdallah; Broderick; Brown (Richard); Frost; Heineman; Hennies (Thomas); Juhnke; Konold; Michels; Pederson (Gordon); Peterson (Bill); Richter; Sebert; Slaughter; Solum; Sutton (Duane); Speaker Eccarius

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; 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.

     HB 1039:   FOR AN ACT ENTITLED, An Act to   allow an application for a concealed pistol permit to be filed electronically.

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

     The question being "Shall HB 1039 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 2, Excused 7, Absent 0

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

     Nays:
Michels; Peterson (Jim)


     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; Hennies (Thomas); 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.

     HB 1009:   FOR AN ACT ENTITLED, An Act to   revise the election procedures of certain special purpose districts.

     Was read the second time.

     The question being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 7, Absent 0

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

     Excused:
Bradford; Brown (Jarvis); Derby; Duenwald; Flowers; Hennies (Thomas); 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.

     Rep. Bill Peterson moved that HB 1001, 1002, 1003, 1073, 1106, and 1122 be deferred to Wednesday, January 23rd, the 11th legislative day.

    Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 15:   FOR AN ACT ENTITLED, An Act to   repeal and revise certain provisions regarding the composition of the mental health planning and coordination advisory council.

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



     SB 21:   FOR AN ACT ENTITLED, An Act to   prohibit tax stamping or payment of taxes on cigarettes or roll your own tobacco products produced by certain nonparticipating manufacturers and to provide for the creation of a directory for compliant nonparticipating manufacturers.

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

     SB 26:   FOR AN ACT ENTITLED, An Act to   authorize a civil penalty for securities violations by registered or unregistered persons or entities.

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

     SB 30:   FOR AN ACT ENTITLED, An Act to   limit the ability of the director of the division of securities to review securities registration based on merit review.

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

     SB 35:   FOR AN ACT ENTITLED, An Act to   revise the proration of ethanol payments to ethanol producers.

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

     SB 39:   FOR AN ACT ENTITLED, An Act to   revise the duties of the filing office in dealing with uniform commercial code records.

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

     SB 46:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to controlled substances.

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

     SB 48:   FOR AN ACT ENTITLED, An Act to   expand the Board of Pardons and Paroles to nine members.

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

     SB 55:   FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain financial instruments are presumed abandoned.


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

     SB 57:   FOR AN ACT ENTITLED, An Act to   allow school boards to initiate an election to change the size of the school board.

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

COMMEMORATIONS


     HC 1005   Introduced by:  Representatives Pitts, Abdallah, Begalka, Broderick, Brown (Jarvis), Clark, Duenwald, Lange, Lintz, McCaulley, Nesselhuf, Pederson (Gordon), Peterson (Jim), Slaughter, and Smidt and Senators Brown (Arnold), Diedrich (Larry), Drake, Munson, Reedy, Sutton (Dan), and Vitter

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 2000-2001 Outstanding School Administrators of South Dakota: John LaFave, Pollock, School Superintendents Association; Sheila DeSmet, Vermillion, Business Officials Association; Richard Brubakken, Brookings, Elementary School Principals Association; Kevin Segrud, New Underwood, Secondary School Principals Association; Dan Neiles, Brookings, Secondary/Middle School Principals Association; Cleo Edeburn, Brookings, Association of Supervision and Curriculum Development; and Lyn Heidenson, Brandon, 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-five 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-seventh Legislature of the State of South Dakota, that John LaFave, Sheila DeSmet, Richard Brubakken, Kevin Segrud, Dan Neiles, Cleo Edeburn, and Lyn Heidenson 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. Eccarius moved that the House do now adjourn, which motion prevailed and at 3:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk