JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 29, 2002

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

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

     Roll Call: All members present except Rep. Broderick who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fifteenth 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. Jaspers   introduced Jeffrey Lukens of Sioux Falls, South Dakota's 2002 Teacher of the Year.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1172 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 HB 1212 and tabled the same.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1204 and 1210 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Gordon R. Pederson, Vice Chair

 Also MR. SPEAKER:

        The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill be amended as follows:

1127ta
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 41-9-1.1 be amended to read as follows:

     41-9-1.1.   Except for controlled access facilities as defined in §   31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, §   41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of §   41-9-1.3. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner,

may use such highways or rights-of-way or any state-owned railroad right-of-way for the purposes of hunting defined in this title within six hundred sixty feet of an occupied dwelling, a church, schoolhouse, or livestock. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way or any state-owned railroad right-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which such distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction. "


     And that as so amended said bill do pass.

Also MR. SPEAKER:

        The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1245 and returns the same with the recommendation that said bill be amended as follows:

1245tc
     On page 1, line 10 of the printed bill, delete " January " and insert "July".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

        The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1090, 1126, and 1214 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

        The Committee on Commerce respectfully reports that it has had under consideration HB 1226 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 1190 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 1099, 1174, 1239, and 1250 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

        The Committee on Taxation respectfully reports that it has had under consideration HB 1233 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 1188 and returns the same with the recommendation that said bill be amended as follows:

1188fa
     On page 1, line 5 of the printed bill, after " manufactured home " insert " , prior to moving the home, ".

     On page 1 , line 10, after " affidavit " insert " , prior to moving the home, ".

     On page 2 , line 4, after " registered. " insert " The court shall notify the Department of Revenue of any violation resulting in a civil penalty assessment for failure to obtain a tax affidavit prior to moving a mobile or manufactured home. ".

     On page 2 , line 21, after " registered. " insert "The court shall notify the Department of Revenue of any violation resulting in a civil penalty assessment for failure to obtain a tax affidavit prior to moving a mobile or manufactured home.".

     On page 4 , line 12, overstrike " fifteen " and insert " thirty ".

     On page 4 , line 13, overstrike " delivery " and insert " sale ".

1188fc
     On the previously adopted amendment (1188fa) delete "On page 4, line 13, overstrike "delivery" and insert " sale ".

     On page 2, line 11 of the printed bill, before " dealer " insert "licensed".

     On page 2 , line 12, before " dealer's " insert "licensed".

     On page 2 , line 16, before " dealer " insert "licensed".
     On page 2 , between lines 21 and 22, insert:

"      Section 3. For the purposes of sections 1 and 2 of this Act, if the owner, lender, licensed dealer, or transporter are the same party the court may not assess multiple civil penalties for any one violation.".


     On page 3 , line 2, delete " 1 " and insert "2".

     On page 3 , line 7, delete " 1 " and insert "2".

     On page 4 , line 24, before " dealer's " insert " licensed ".

     On page 5 , line 3, delete " are paid " and insert " were paid when the licensed dealer acquired the home ".

     And that as so amended said bill do pass.

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

Also MR. SPEAKER:

        The Committee on Local Government respectfully reports that it has had under consideration HB 1234 and returns the same with the recommendation that said bill be amended as follows:

1234te
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 12-25-2 be amended to read as follows:

     12-25-2.   No candidate, candidate's committee, political action committee, or political party committee may receive any contribution except from an individual, political action committee, or a political party. No corporation may contribute or attempt to contribute any valuable consideration to any candidate, committee, or political party except a ballot question committee. No association may contribute or attempt to contribute any valuable consideration to any candidate, committee, or political party except a ballot question committee.

     Associations may contribute any valuable consideration out of funds contributed create political action committees which may accept contributions from individuals for the purpose of making political contributions but may not make contributions out of dues or treasury funds .
     A violation of this section is a Class 2 misdemeanor.

     Section 2. That § 12-25-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Association," a group that has been expressly organized to satisfy the common intents and purposes of its members.".
     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 1240 and returns the same with the recommendation that said bill be amended as follows:

1240ra
     On page 9, line 9 of the printed bill, after " hearing. " insert "The hearing shall be conducted before the board as a contested case under chapter 1-26. Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the provisions of section 12 or 13 of this Act.".

1240fa
     On page 4, line 15 of the printed bill, before " Excavators " insert " The board shall promulgate rules, pursuant to chapter 1-26, to establish the response time for operators to mark the underground facilities. The response time shall be no later than forty-eight hours after the receipt of the notice, excluding Saturdays, Sundays, and legal holidays of the state or the excavation start time provided by the excavator, whichever is later. The response time may be less than forty-eight hours for emergency or subsequent inquiries to the original locate request and may be longer than forty-eight hours for nonexcavation requests. ".

     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 1176 and returns the same with the recommendation that said bill be amended as follows:

1176fa
     On page 2, line 1 of the printed bill, delete " first " .

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

Also MR. SPEAKER:

        The Committee on Local Government respectfully reports that it has had under consideration HB 1171 and returns the same without recommendation.

Respectfully submitted,
J.P. Duniphan, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 40 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1006 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1008, 1009, and 1066 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1011:   A CONCURRENT RESOLUTION,   Expressing the support of the Legislature for the construction and operation of a federal Western Grasslands Invasive Weed Laboratory in Rapid City, South Dakota.

     Rep. Lintz moved that HCR 1011 as found on page 315 of the House Journal be adopted.

     The question being on Rep. Lintz's motion that HCR 1011 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; 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


     Excused:
Broderick

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

     HCR 1012   Introduced by:  Representatives Rhoden, Abdallah, Bartling, Begalka, Bradford, Broderick, Burg, Davis, Duenwald, Duniphan, Elliott, Flowers, Frost, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Kloucek, Koistinen, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Monroe, Napoli, Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pummel, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Van Etten, Van Gerpen, Van Norman, and Wick and Senators Diedrich (Larry), Albers, Apa, Bogue, Brown (Arnold), Daugaard, Diedtrich (Elmer), Drake, Greenfield, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, and Vitter

         A CONCURRENT RESOLUTION,  Urging a reconsideration of the Food and Drug Administration's approval of mifepristone (RU-486), an investigation into the process followed in approving this drug, and a reassessment of the drug's safety.

     WHEREAS,  mifepristone (RU-486), a drug used to induce abortions, was approved by the United States Food and Drug Administration in just six months under a special provision intended to accelerate the review of life-saving drugs for serious and life-threatening illnesses; and

     WHEREAS,  a woman in Iowa nearly bled to death while participating in the United States drug trials; the death of a Canadian woman prompted the government to suspend drug trials in Canada; and in China, where mifepristone (RU-486) is manufactured for use in the United States, China's own state drug administration curtailed the dispensing of the drug following reports from Beijing-area hospitals of women suffering from dangerous side effects of the drug; and

     WHEREAS,  France, England, Sweden, and China, but not the United States, require various methods of strict evaluation and observation of pregnant women following the ingestion of the second drug, misoprostol, in the mifepristone (RU-486) abortion protocol such as immediate access to resuscitative cardiopulmonary equipment, the taking of blood pressure readings every half hour, and an observation period of four to six hours; and

     WHEREAS,  it is incumbent upon the Food and Drug Administration to give paramount consideration to the safety and well-being of the citizens of the United States, and there is evidence that the mifepristone (RU-486) abortion protocol has serious and sometimes lethal adverse effects on pregnant women:

     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 President of the United States, the United States Congress, and the Secretary of the United

States Department of Health and Human Services be strongly urged to reconsider the United States Food and Drug Administration's approval of mifepristone (RU-486); to investigate the process by which the Food and Drug Administration reached its decision to approve this drug; and to reassess the safety of this drug.

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

     HCR 1013   Introduced by:  Representatives Duniphan, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Eccarius, 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, and Wick and Senators McCracken, Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

         A CONCURRENT RESOLUTION,  Recognizing Ellsworth Air Force Base personnel as an outstanding component of our nation's defenses.

     WHEREAS,  Ellsworth Air Force Base has been hosted by the Western South Dakota's Black Hills communities of Rapid City and Box Elder for the past sixty years; and

     WHEREAS,  Ellsworth personnel have been called upon in a demanding series of national defense responses over decades of conflicts extending throughout World War II, an enduring Cold War spanning over forty-five years, the Korean Conflict, the Vietnam War, the Gulf War, other armed conflicts in Southwest Asia, the NATO liberation of Kosovo, and most recently in response to direct attacks upon New York City and our nation's capital, Washington, D.C.; and

     WHEREAS,  Ellsworth's military and civilian personnel endured the rigors of over thirty years of strategic nuclear deterrence, were often deployed in support of various world crisis situations for extended periods of time, and sacrificed their lives and individual liberties to represent our nation's defense policies and treaty obligations; and

     WHEREAS,  Ellsworth's aircrews and support personnel have transformed their B-1B aircraft from a Cold War nuclear deterrent to a 21st Century conventional strike aircraft capable of flying nonstop from Ellsworth to any worldwide location and directly engaging the enemy with the most advanced precision weapons using unprecedented timing and accuracy; and

     WHEREAS,  in the current War Against Terror, Ellsworth's personnel, both deployed in direct support of the Afghanistan Campaign against the al-Qaida and Taliban and those who remained at Ellsworth to protect its aircraft and facilities as valuable national defense assets, have performed their wartime missions with the professionalism of true patriots:

     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 February 6, 2002, be declared a day to salute Ellsworth Air Force Base, its 28th Bomb Wing, the military and civilian personnel assigned to its critical national defense mission, and those family members who so proudly stand in support of our "Defenders of Democracy."

     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

     Health and Human Services on HB 1086 as found on page 330 of the House Journal ; also

     Health and Human Services on HB 1258 as found on page 331 of the House Journal ; also

     Judiciary on SB 42 as found on page 329 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 22:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

     Was read the second time.

     The question being "Shall SB 22 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; 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

     Excused:
Broderick

     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.

     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 second time.

     Rep. Don Hennies requested that SB 15 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

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

     Was read the second time.

     The question being "Shall SB 46 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; 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

     Excused:
Broderick

     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


     Rep. Bill Peterson moved that HB 1052 be placed to follow HB 1224 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1102:   FOR AN ACT ENTITLED, An Act to   revise the gross receipts tax that applies to certain telephone companies.

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

    The question being on Rep. Gordon Pederson's pending motion to amend HB 1102 as found on page 304 of the House Journal.

1102fd

     Rep. Richard Brown moved as a substitute motion that HB 1102 be amended as follows:

     On the House Taxation committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

     On page 2, line 12 of the printed bill, after " serviced. " insert:

" Further, each telephone company that was taxed in the five percent tax category for the calendar year 2001 shall pay an amount of tax to each school district of not less than the tax received by such school district in 2002 for the years 2003 and 2004; and each year thereafter, the tax paid shall be as provided in SCHEDULE A or SCHEDULE B of this Act. ".


     Which motion prevailed and HB 1102 was so amended.

     The question being "Shall HB 1102 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; 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; 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

     Nays:
Michels; Speaker Eccarius

     Excused:
Broderick

     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   provide for a master teacher program and to make an appropriation therefor.

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

     Rep. Holbeck moved that HB 1166 be deferred to Tuesday, February 5th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1224:   FOR AN ACT ENTITLED, An Act to   prohibit interference with the use of communication devices to summon aid to an emergency.

     Was read the second time.

     The question being "Shall HB 1224 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 3, Absent 0

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

     Nays:
Gillespie; Hundstad; Kooistra; Napoli

     Excused:
Broderick; Brown (Richard); 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 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.

1052ba

     Rep. Bill Peterson moved that HB 1052 be amended as follows:

     On page 1 of the printed bill, delete lines 9 to 12 , inclusive.

     On page 2 , line 1, delete everything after " property. " and insert "Any revenue derived from any lease of the former state training school real or personal property shall be deposited with the commissioner of school and public lands and distributed to the Department of Corrections for juvenile programs subject to §  4-8-1.".

     On page 2 , delete line 2 and insert:

"      Section 4. That § 5-7-34 be amended to read as follows:

     5-7-34.   All money received from the leasing of all common school, indemnity, and endowment lands for oil and gas and other mineral or geothermal resources leasing of said lands shall be apportioned as follows:

     Fifty percent shall be credited to the permanent school funds and fifty percent thereof into the several interest and income funds in the following proportions, to wit:

     Common school 82.02289745
     South Dakota State University 4.66838105
     University of South Dakota 2.51170245
     Educational and charitable .72960665
     Training school Department of Corrections, juvenile programs 1.16718575
     School for Deaf 1.16728565
     School for Blind and Visually Impaired .72952995
     South Dakota Developmental Center--Redfield 1.16726135
     School of Mines and Technology 1.16728735
     Black Hills and Dakota State Universities 3.11243403
     Northern State University 1.55642832 ".

     Rep. Napoli moved the previous question.

     Which motion prevailed.

     Which motion prevailed and HB 1052 was so amended.

     Rep. Mel Olson appealed the ruling of the chair that passage of HB 1052 requires a majority vote of the members-elect, rather than a two-thirds majority vote.

    The decision of the Speaker was sustained.

     The question being "Shall HB 1052 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 20, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; 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

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Broderick

     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 1067:   FOR AN ACT ENTITLED, An Act to   establish a fee for the assignment of a vehicle identification number.

     Was read the second time.

     Rep. Napoli moved that HB 1067 be deferred to Wednesday, January 30th, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1091:   FOR AN ACT ENTITLED, An Act to   make compliance with federal selective service requirements a condition of obtaining certain driver licenses.

     Was read the second time.

     The question being "Shall HB 1091 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 43, Excused 1, Absent 0

     Yeas:
Adelstein; Brown (Jarvis); Brown (Richard); Derby; Duenwald; Duniphan; Heineman; Hennies (Thomas); Jaspers; Juhnke; Koistinen; Konold; Kooistra; Lintz; McCaulley; Michels; Pederson (Gordon); Peterson (Bill); Richter; Smidt; Solum; Teupel; Valandra; Van Etten; Wick; Speaker Eccarius

     Nays:
Abdallah; Bartling; Begalka; Bradford; Burg; Clark; Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Lange; Madsen; McCoy; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Sutton (Duane); Van Gerpen; Van Norman

     Excused:
Broderick

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

     Rep. Richter announced his intention to reconsider the vote by which HB 1091 was lost.

     HB 1164:   FOR AN ACT ENTITLED, An Act to   abrogate the loss of chance doctrine as set forth in Jorgenson v. Vener.

     Was read the second time.

     The question being "Shall HB 1164 pass?"

     And the roll being called:

     Yeas 58, Nays 11, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Davis; Elliott; Hanson (Gary); Hundstad; Klaudt; Lintz; Monroe; Nesselhuf; Valandra

     Excused:
Broderick

     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 1192:   FOR AN ACT ENTITLED, An Act to   clarify that the court may speak with children without parents or attorneys present regarding visitation matters.

     Was read the second time.

     The question being "Shall HB 1192 pass?"

     And the roll being called:

     Yeas 26, Nays 41, Excused 3, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Brown (Jarvis); Brown (Richard); Clark; Davis; Duniphan; Elliott; Flowers; Hanson (Gary); Hennies (Thomas); Holbeck; Juhnke; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Richter; Sebert; Sigdestad; Solum; Van Etten; Van Norman; Wick

     Nays:
Adelstein; Bradford; Burg; Derby; Duenwald; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; McCaulley; McCoy; Napoli; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Gerpen; Speaker Eccarius

     Excused:
Broderick; Madsen; Michels

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 40:   FOR AN ACT ENTITLED, An Act to   allocate expenses of the investment council to certain trust funds and to provide provisions for the investment and the distribution of certain trust funds.

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

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill be amended as follows:

1004za
     On page 2, line 2 of the printed bill, delete " forgivable " and insert "tuition reimbursement".

     On page 2 , line 3, delete " loan " .

     On page 2 , line 4, delete " forgivable loans " and insert "tuition reimbursements".

     On page 2 , line 5, delete everything after " teachers. " .

     On page 2 , line 6, delete " deposited in the fund. " .

1004ca
     On page 1, line 7 of the printed bill, after " actual " delete " tuition " and insert "qualified higher education expenses as defined in subdivision 13-63-1(13)".

     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 1155, 1177, and 1232 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair
Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1008, 1009, and 1066 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1008: FOR AN ACT ENTITLED, An Act to  revise certain election provisions and terminology.

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

     HB 1066: FOR AN ACT ENTITLED, An Act to  allow unloaded weapons at color guard ceremonies in elementary or secondary school buildings.

     SB 20: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to service of process on foreign corporations through the secretary of state.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1006   Introduced by:  Representatives Pederson (Gordon) and Lintz and Senator Vitter

         A LEGISLATIVE COMMEMORATION,  Honoring Larry Luitjens of Custer on achieving the most wins ever by a South Dakota boys' high school basketball coach.

     WHEREAS,  Larry Luitjens, boys' basketball coach at Custer High School, is in his thirty- third year of coaching boys' basketball in South Dakota _ four years at DeSmet and twenty-nine years at Custer; and

     WHEREAS,  Larry Luitjens has coached fifteen of those teams to a state tournament and has coached teams to state championships in 1970 and 1971 while at DeSmet and in 1990, 1992, 1993, and 1998 while at Custer; and
     WHEREAS,  on January 24, 2002, Coach Larry Luitjens lead his current Custer team to a victory over Hot Springs _ the five hundred seventy-eighth victory of his South Dakota coaching career; and

     WHEREAS,  with this victory, Coach Luitjens, achieved the most wins by a South Dakota boys' high school basketball coach in state history:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the Legislature congratulates and honors Coach Larry Luitjens of Custer on his five hundred seventy-eighth victory as a boys' high school basketball coach in the state, the most ever by a South Dakota high school basketball coach.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk