JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



TWELFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 24, 2002

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

     The prayer was offered by the Chaplain, Rep. Stan Adelstein, followed by the Pledge of Allegiance led by House page Katie O'Connor.

     Roll Call: All members present except Reps. Davis, Gillespie, and Madsen 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 eleventh 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.
     There being no objection, the House proceeded to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1043 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 36, 45, 75, 84, and 123 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Mel Olson moved that the House do concur in Senate amendments to HCR 1004.

     The question being on Rep. Mel Olson's motion that the House do concur in Senate amendments to HCR 1004.

     And the roll being called:

     Yeas 51, Nays 15, Excused 4, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Kloucek; Konold; Kooistra; Lange; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Adelstein; Derby; Duenwald; Heineman; Jaspers; Juhnke; Klaudt; Koistinen; Lintz; McCaulley; Monroe; Napoli; Pitts; Rhoden; Wick

     Excused:
Davis; Gillespie; Madsen; Van Norman

     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.

     HCR 1006   Introduced by:  Representatives Elliott, Frost, Hennies (Don), Hundstad, and Sutton (Duane) and Senators Dennert and Diedtrich (Elmer)

         A CONCURRENT RESOLUTION,  Commending Aberdeen Central High School's Environmental Club and designating May 15, 2002, as statewide Ride a Bike to Work Day.

     WHEREAS,  the Environmental Club at Aberdeen Central High School is an educational organization of committed South Dakota young people who have an interest in understanding the relationship between the needs of the human population and the capabilities and resources of the natural environment; and

     WHEREAS,  in addition to expanding their knowledge of the natural environment and the earth's ecosystems, the members of the Aberdeen Central Environmental Club strive to achieve an understanding of the practical possibilities by which people can help to improve the condition of our natural environment; and

     WHEREAS,  the Aberdeen Central Environmental Club has proposed, as a small step toward environmental awareness, environmental protection, promotion of a healthy lifestyle, and simple enjoyment of the surroundings in their community, that May 15, 2002, be designated as "Ride a Bike to Work Day":

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Environmental Club at Aberdeen Central High School is to be honored and commended for their efforts and achievements and that May 15, 2002, is hereby designated as "Ride a Bike to Work Day" throughout the State of South Dakota.

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

     HCR 1007   Introduced by:  Representatives Peterson (Bill), Broderick, Davis, Duenwald, Elliott, Fryslie, Hansen (Tom), Klaudt, Konold, Kooistra, Lange, McCoy, Murschel, Slaughter, Solum, Valandra, and Wick and Senators Everist, Brosz, Hutmacher, Koetzle, McCracken, McIntyre, Munson, Reedy, Staggers, Sutton (Dan), and Volesky

         A CONCURRENT RESOLUTION,  Urging the Public Utilities Commission, Qwest Corporation, and the Federal Communications Commission to proceed as quickly as possible with the process of allowing Qwest Corporation to provide interstate telecommunications services in South Dakota.

     WHEREAS,  the Federal Telecommunications Act of 1996 was approved by Congress to promote competition in all segments of the telecommunications market; and
     WHEREAS,  competition in the telecommunications industry is expected to reduce the cost of local and long distance service, increase the advancement of new telecommunications technologies and systems in the state, and to improve services for customers; and

     WHEREAS,  Section 271 of the Federal Telecommunications Act of 1996 specifically sets forth the criteria for determining whether Qwest's local exchange markets are open to competitors; and

     WHEREAS,  Section 271 allows Qwest Corporation to provide interstate telecommunications services to customers in its local service areas once the criteria for opened markets are satisfied; and

     WHEREAS,  Section 271 approval must be granted by the Federal Communications Commission in consultation with the Public Utilities Commission:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Public Utilities Commission move the Section 271 process forward as quickly as possible; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature urges the Federal Communications Commission to move the Section 271 process forward as quickly as possible; and

     BE IT FURTHER RESOLVED,  that the Secretary of State forward copies of this resolution to each member of the Public Utilities Commission, the chief executive officer of Qwest Corporation, each member of the Federal Telecommunications Commission, and to each member of the South Dakota Congressional Delegation.

     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

     Judiciary on HB 1138 as found on page 232 of the House Journal ; also

     Judiciary on HB 1139 as found on page 232 of the House Journal ; also

     State Affairs on HB 1116 as found on page 233 of the House Journal ; also

     State Affairs on HB 1129 as found on page 233 of the House Journal ; also

     Health and Human Services on HB 1162 as found on page 246 of the House Journal ; also

     Health and Human Services on HB 1163 as found on page 247 of the House Journal ; also

     Transportation on HB 1034 as found on page 247 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1134:   FOR AN ACT ENTITLED, An Act to   revise the time at which bond is required of a surplus line broker.

     Was read the second time.

     The question being "Shall HB 1134 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; 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; 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:
Davis; Gillespie; Madsen

     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. Jensen requested that HB 1050 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 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 Tuesday, January 29th, the 16th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1131:   FOR AN ACT ENTITLED, An Act to   provide for civil recovery of unpaid motor fuel.

     Was read the second time.

     Rep. Duane Sutton moved that HB 1131 be placed to follow HB 1107 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1072:   FOR AN ACT ENTITLED, An Act to   authorize certain students in alternative instruction to participate in public school cocurricular activities.

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

1072ja

     Rep. McCaulley moved that HB 1072 be amended as follows:

     On page 1, line 7 of the printed bill, after " cocurricular " insert "or interscholastic".

     On page 1 , line 9, after " cocurricular " insert "or interscholastic".

     On page 2 , line 3, after " cocurricular " insert "or interscholastic".

     On page 2 , line 6, after " cocurricular " insert "or interscholastic".

     On page 2 , line 9, after " cocurricular " insert "or interscholastic".

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     Rep. Elliott moved as a substitute motion that HB 1072 be amended as follows:

     On page 1, line 7 of the printed bill, delete " public school cocurricular activities " and insert "interscholastic activities governed by any association exercising the grant of authority contained in § 13-36-4. Such participation may be at any public or nonpublic school participating in such activities and is only authorized".

     On page 1 , line 9, delete " public school cocurricular " and insert "such interscholastic".

     On page 1 , line 10, delete " where the child resides " and insert "or to the governing body of the nonpublic school at which the student intends to participate".
     On page 2 , line 3, delete " public school cocurricular " and insert "interscholastic".

     On page 2 , line 4, delete " a public " and insert "an accredited public or nonpublic".

     On page 2 , line 5, delete " public " and insert "such interscholastic".

     On page 2 , line 6, delete " school cocurricular " .

     On page 2 , line 9, delete " cocurricular " and insert "interscholastic".

     Rep. Mel Olson requested a division of the house, which was supported.

    The question being on Rep. Elliot's substitute motion to amend HB 1072.

     And the roll being called:

     Yeas 22, Nays 45, Excused 3, Absent 0

     Yeas:
Bartling; Bradford; Broderick; Brown (Richard); Burg; Elliott; Flowers; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Kloucek; Konold; McCoy; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

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

     Excused:
Davis; Gillespie; Madsen

     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 on Rep. McCaulley's motion that HB 1072 be amended.

     Which motion lost.

1072ca

     Rep. Nesselhuf moved that HB 1072 be amended as follows:

     On page 2, after line 9 of the printed bill, insert:

"      Section 2. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to §   13-28-42 and plus the average number of pupils for whom the district pays tuition;
             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;
             (2)      "Adjusted average daily membership," calculated as follows:
             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;
             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;
             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;
             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;
             (3A)      "Enrollment adjustment," is one-half of the negative of the annual percent change in the statewide general enrollment average daily membership for the year before the year immediately preceding the year of adjustment;
             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor, plus the enrollment adjustment;
             (5)      "Local need," the per student allocation multiplied by the sum of the adjusted average daily membership and 0.05 times the number of alternative education students participating in cocurricular activities in the school district pursuant to section 1 of this Act ;
             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §   10-12-42;
             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;
             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;
             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;
             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;
             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;
             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to §   10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of § §   13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment. ".

    Rep. Richter moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Nesselhuf's motion that HB 1072 be amended.

     And the roll being called:

     Yeas 46, Nays 21, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Duniphan; Elliott; Flowers; Garnos; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lange; Lintz; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Rhoden; Sigdestad; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Clark; Derby; Duenwald; Frost; Fryslie; Hansen (Tom); Jaspers; Jensen; Kooistra; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel

     Excused:
Davis; Gillespie; Madsen

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1072 was so amended.


      Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1072 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 34, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Jarvis); Duenwald; Duniphan; Elliott; Garnos; Glenski; Heineman; Hennies (Don); Hennies (Thomas); Jaspers; Juhnke; Klaudt; Koistinen; Lange; Lintz; McCaulley; Monroe; Nachtigal; Napoli; Nesselhuf; Peterson (Bill); Rhoden; Smidt; Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Brown (Richard); Burg; Clark; Derby; Flowers; Frost; Fryslie; Hansen (Tom); Hanson (Gary); Hargens; Holbeck; Hundstad; Hunhoff; Jensen; Kloucek; Konold; Kooistra; McCoy; Michels; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Valandra

     Excused:
Davis; Gillespie; Madsen

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

     Rep. McCaulley announced his intention to reconsider the vote by which HB 1072 was lost.

     HB 1076:   FOR AN ACT ENTITLED, An Act to   revise certain membership requirements for county and municipal housing and redevelopment commissions.

     Was read the second time.

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

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; 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; 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

     Nays:
Pummel

     Excused:
Brown (Jarvis); Davis; Gillespie; Madsen

     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 1180:   FOR AN ACT ENTITLED, An Act to   increase the amount of the lien that is permitted on the parents of a minor child for whom legal counsel has been provided.

     Was read the second time.

     The question being "Shall HB 1180 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 8, Excused 5, Absent 0

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

     Nays:
Abdallah; Bradford; Hennies (Don); Kooistra; Olson (Mel); Peterson (Jim); Sebert; Van Norman

     Excused:
Brown (Jarvis); Davis; Gillespie; Kloucek; Madsen

     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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1196, 1200, and 1217 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1219 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1102 and returns the same with the recommendation that said bill be amended as follows:

1102fb
     On page 2 of the printed bill, remove the overstrikes from lines 1 and 2 .

     On page 2 , delete lines 8 and 9, and insert:

"
    More than 20,000 but not more than   50,000   4  
    More than 50,000 but not more than   25,000,000 50,000,000   5  
".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1209 which was 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 1153 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 1141 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 Commerce respectfully reports that it has had under consideration HB 1151 and returns the same with the recommendation that said bill be amended as follows:

1151jta
     On page 1, line 2 of the printed bill, after " and " insert "provide a procedure to".

1151ja
     On page 1, line 7 of the printed bill, after " and " insert "provide a procedure to".

     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 1181 and returns the same with the recommendation that said bill be amended as follows:

1181ja
     On page 1, line 6 of the printed bill, after " regulation. " insert "Except that the surety insurer shall be an authorized insurer under Title 58.".

     On page 1 , line 9, delete " This section applies to any " .

     On page 1 , delete line 10 .

1181jb
     Delete the previously adopted amendment.

     On page 1, line 6 of the printed bill, after " regulation. " insert "However, the surety insurer shall be an authorized insurer under Title 58.".

     On page 1 , line 9, delete " This section applies to any " .

     On page 1 , delete line 10 .

     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 1150 and tabled the same.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1147 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1238 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 1125 and returns the same with the recommendation that said bill be amended as follows:

1125fa
     On page 2, line 1 of the printed bill, overstrike " the term " and insert " consecutive terms ".

     On page 2 , line 17, overstrike " the term " and insert " consecutive terms ".

     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 1179 which was deferred to the 36th Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

 Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1166 and returns the same with the recommendation that said bill be amended as follows:

1166ca
     On page 1, line 12 of the printed bill, delete " in South Dakota " .

     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 1187 and returns the same with the recommendation that said bill be amended as follows:

1187ca
     On page 1, line 7 of the printed bill, delete everything after " money " and insert "from its general fund to its capital outlay fund.".

     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 1275 and tabled the same.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1143 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(Continued)

      HB 1222:   FOR AN ACT ENTITLED, An Act to   provide for the compensation of librarians and library employees.

     Was read the second time.

     The question being "Shall HB 1222 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 24, Excused 4, Absent 0

     Yeas:
Abdallah; Begalka; Brown (Richard); Burg; Clark; Duniphan; Fryslie; Garnos; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Lintz; McCaulley; McCoy; Michels; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Wick; Speaker Eccarius

     Nays:
Adelstein; Bartling; Bradford; Broderick; Derby; Duenwald; Elliott; Flowers; Frost; Glenski; Hanson (Gary); Hennies (Don); Hundstad; Konold; Kooistra; Lange; Monroe; Nachtigal; Pitts; Richter; Valandra; Van Etten; Van Gerpen; Van Norman

     Excused:
Brown (Jarvis); Davis; Gillespie; Madsen

     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 1087:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1087 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; 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; 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:
Brown (Jarvis); Davis; Gillespie; Madsen; 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 1107:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding pistol permits held by retired law enforcement officers.

     Was read the second time.

     Speaker Eccarius now presiding.

     The question being "Shall HB 1107 pass?"

     And the roll being called:

     Yeas 31, Nays 35, Excused 4, Absent 0

     Yeas:
Adelstein; Begalka; Brown (Richard); Clark; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Hansen (Tom); Hennies (Don); Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Lintz; McCaulley; McCoy; Michels; Monroe; Napoli; Olson (Mel); Peterson (Bill); Pummel; Rhoden; Slaughter; Smidt; Sutton (Duane); Wick

     Nays:
Abdallah; Bartling; Bradford; Broderick; Burg; Flowers; Garnos; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Kloucek; Konold; Kooistra; Lange; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Jim); Pitts; Richter; Sebert; Sigdestad; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Excused:
Brown (Jarvis); Davis; Gillespie; Madsen

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

     HB 1131:   FOR AN ACT ENTITLED, An Act to   provide for civil recovery of unpaid motor fuel.

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

1131ba

     Rep. Duane Sutton moved that HB 1131 be amended as follows:

     On page 2, after line 18 of the printed bill, insert:

"      Section 6.That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     Any person who obtains property or services from a hotel or restaurant without paying for it is liable to the retailer for the cost of the property or service. In addition, the retailer may impose a maximum service charge of thirty dollars for collection costs if the service charge was conspicuously displayed on the premises.

     Section 7. That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     If the retailer records the motor vehicle license plate number of the person who obtained property or services without paying, the retailer may contact any law enforcement officer and provide the license plate number in writing and the law enforcement officer shall provide the motor vehicle owner's address, recorded pursuant to §  32-5-3, in order for the retailer to mail a notice and demand of payment for property or services.

     Section 8. That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     The notice and demand of payment for property or services shall include the name, address, and license plate number of the motor vehicle owner; the date the act occurred; the unpaid dollar amount; the service charge; a citation of sections 6 and 9 of this Act; and the employee's signature. An affidavit of service by mailing shall be retained by the retailer.

     Section 9. That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     If the retailer does not receive payment within thirty-three days after mailing the notice and demand for payment for property or services, the vehicle owner is also liable for a civil penalty of one hundred dollars, or the price of the unpaid property or services, whichever is greater.
     Section 10. That chapter 22-30A be amended by adding thereto a NEW SECTION to read as follows:

     Any person may dispute the retailer's claim by sending written notice to the retailer during the thirty-three day period in section 9 of this Act. The retailer shall cease all collection efforts upon receipt of the notice. The retailer may collect the price of the property or service, the service charge, and the civil penalty only pursuant to a judgment from a court of law.".

     Which motion prevailed and HB 1131 was so amended.

     The question being "Shall HB 1131 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 26, Excused 5, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Derby; Duniphan; Elliott; Flowers; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Kloucek; Konold; Michels; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen

     Nays:
Bradford; Clark; Duenwald; Frost; Fryslie; Garnos; Hargens; Hundstad; Jaspers; Klaudt; Koistinen; Kooistra; Lintz; McCaulley; McCoy; Murschel; Nachtigal; Napoli; Peterson (Bill); Pitts; Rhoden; Teupel; Valandra; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Davis; Gillespie; Madsen; Monroe

     Absent:
Lange

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Duane Sutton moved that the title to HB 1131 be amended as follows:

     On page 1, line 1 of the printed bill, delete " motor fuel " and insert "property and services".

     Which motion prevailed and the title was so amended.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 36:   FOR AN ACT ENTITLED, An Act to   impose a sales and use tax on mobile telecommunications services and to implement the federal uniform and simplified sourcing rules for mobile telecommunications services.

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

     SB 45:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the practice of medicine or osteopathy in South Dakota while holding a license in another state and while located outside of the state.

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

     SB 75:   FOR AN ACT ENTITLED, An Act to   designate certain areas as drug-free zones.

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

     SB 84:   FOR AN ACT ENTITLED, An Act to   revise certain transcript fees.

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

     SB 123:   FOR AN ACT ENTITLED, An Act to   make it permissive for counties to levy a tax for secondary roads in unorganized territories.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1043 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1012 was delivered to his Excellency, the Governor, for his approval at 4:35 p.m., January 24, 2002.

Respectfully submitted,
Scott Eccarius, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1043: FOR AN ACT ENTITLED, An Act to  modify the nonresident licensure requirements for hunting sandhill crane.

     And signed the same in the presence of the House.

     Rep. Lintz moved that the House do now adjourn, which motion prevailed and at 4:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk