JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




NINETEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 1, 2002

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Shelby Williams.

     Roll Call: All members present except Rep. McCaulley 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 eighteenth 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.
COMMUNICATIONS AND PETITIONS


January 31, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1006, 1007, and 1010, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

1229fb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. The secretary of revenue shall conduct a pilot study concerning the use of agricultural income value as a means to value agricultural land. The pilot study shall include an analysis of various capitalization rates and determine the impact of such rates on the total statewide assessed value of agricultural property and its relationship to the total statewide assessed value of all property. The pilot study shall include the counties not included in the pilot study provided by chapter 44 of the 2000 Session Laws. The secretary shall, for the purpose of providing information, apply the provisions and procedures provided in chapter 44 of the 2000 Session Laws to value agricultural land in the remaining counties. The secretary shall submit a report detailing the information collected to the Governor and the Seventy-eighth Legislature.

     Section 2. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Revenue for the purpose of conducting a pilot study concerning the use of agricultural income value as a means to value agricultural land.

     Section 3. The secretary of the Department of Revenue shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2003, shall revert in accordance with §  4-8-21.


     Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

1229fta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "conduct a pilot study on agricultural income value, to appropriate money for a pilot study, and to declare an emergency.".

     On page 1 , delete line 2 .

     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 1247 and tabled the same.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1097, 1201, 1260, and 1261 and HJR 1005 and 1006 which were deferred to the 36th Legislative Day.

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

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1182 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1218 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 Judiciary respectfully reports that it has had under consideration HB 1215 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Jarvis W. Brown, Chair
Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HCR 1007 and returns the same with the recommendation that said resolution not be adopted.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1119 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1246, 1285, and 1288 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 22.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 47, 49, 73, 96, 118, 126, and 146 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1037, 1046, 1047, 1076, and 1163 which have passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1011 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


    House Page Resolution 2: Introduced by Representatives Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives     of the Seventy-seventh Legislature of the State of South Dakota to 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.

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

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

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

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

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

    Which motion prevailed and the resolution was adopted.

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1015.


     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1015.

     And the roll being called:

     Yeas 65, Nays 0, Excused 3, Absent 2

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

     Excused:
Fryslie; McCaulley; Wick

     Absent:
Bradford; 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.

     SCR 4:   A CONCURRENT RESOLUTION,   Supporting adequate funding for vocational- technical education programs in South Dakota.

     Rep. Monroe moved that SCR 4 as found on page 261 of the Senate Journal be concurred in.

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

     And the roll being called:

     Yeas 64, Nays 0, Excused 3, Absent 3

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



     Excused:
Fryslie; McCaulley; Wick

     Absent:
Bradford; Lange; Van Norman

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

     Yesterday Rep. Bill Peterson announced his intention to reconsider the vote by which HB 1004 was lost.

     Rep. Bill Peterson moved that the House do now reconsider the vote by which HB 1004 was lost.

     The question being on Rep. Bill Peterson's motion to reconsider the vote by which HB 1004 was lost.

     And the roll being called:

     Yeas 58, Nays 10, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Garnos; Gillespie; Hansen (Tom); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Burg; Flowers; Glenski; Hanson (Gary); Hundstad; Klaudt; Lintz; Olson (Mel); Pederson (Gordon); Sigdestad

     Excused:
Fryslie; McCaulley

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1004 was up for reconsideration and final passage.

     Rep. Bill Peterson moved that HB 1004 be placed on the calendar of Tuesday, February 5th, the 21st legislative day.

     Which motion prevailed and the bill was so placed.



     Rep. Thomas Hennies moved that the Committee on State Affairs be instructed to deliver HB 1113 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Murschel moved that the Committee on State Affairs be instructed to deliver HB 1119 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1159 as found on page 390 of the House Journal ; also

     State Affairs on HB 1236 as found on page 391 of the House Journal ; also

     State Affairs on HB 1165 as found on page 391 of the House Journal ; also

     Local Government on HB 1109 as found on page 403 of the House Journal ; also

     Local Government on HB 1130 as found on page 403 of the House Journal ; also

     Commerce on HB 1281 as found on page 404 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HJR 1010:   A JOINT RESOLUTION,   proposing and submitting to the electors at the next general election an amendment to Article IV, section 4, of the Constitution of the State of South Dakota, extending the time allowed for the Governor's review of legislation passed by the Legislature.

     Was read the second time.

     The question being "Shall HJR 1010 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 3, Absent 0


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

     Nays:
Bradford; Hansen (Tom); Kloucek; Pederson (Gordon); Valandra; Van Norman

     Excused:
Fryslie; McCaulley; Van Gerpen

     So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

     HB 1256:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding title insurance reserves.

     Was read the second time.

     The question being "Shall HB 1256 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; 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; 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 Norman; Wick; Speaker Eccarius

     Excused:
Adelstein; Fryslie; McCaulley; Van Gerpen

     Absent:
Burg

     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 1257:   FOR AN ACT ENTITLED, An Act to   revise the requirements for volunteer firefighters to become eligible for workers' compensation.

     Was read the second time.

     The question being "Shall HB 1257 pass?"

     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; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; 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; 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 Norman; Wick; Speaker Eccarius

     Excused:
Fryslie; McCaulley; Van Gerpen

     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 1073:   FOR AN ACT ENTITLED, An Act to   require direct reimbursement to ambulance services under certain circumstances.

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

     Rep. Flowers moved that HB 1073 be deferred to Tuesday, February 5th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1295:   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.

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



     Rep. Duenwald moved that HB 1295 be placed to follow HJR 1009 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HJR 1009:   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 second time.

j1009te

     Rep. Duenwald moved that HJR 1009 be amended as follows:

     On page 7, line 15 of the House Agriculture and Natural Resources Committee engrossed resolution, delete " and " .

     On page 7 , line 19, delete " . " and insert "; and".

     On page 7 , after line 19, insert:

"

             (9)    A nonprofit entity as defined in law by the South Dakota Legislature.".

     Which motion prevailed and HJR 1009 was so amended.

j1009tf

     Rep. Kloucek moved that HJR 1009 be further amended as follows:

     On page 1, line 6 of the House Agriculture and Natural Resources Committee engrossed resolution, delete " June 2002 primary " and insert "next general".

    A roll call vote was requested and not supported.

     Rep. Kloucek's motion to amend lost.

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

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCoy; Michels; Monroe; Murschel; 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; Wick; Speaker Eccarius

     Nays:
Gillespie; Kloucek; Lange; Nachtigal; Nesselhuf; Valandra; Van Norman

     Excused:
Bradford; Fryslie; McCaulley

     So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared the resolution passed and the title was agreed to.

     HB 1295:   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.

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

1295fa

     Rep. Kloucek moved that HB 1295 be amended as follows:

     On page 1, line 8 of the printed bill, delete " fifty " and insert "sixty".

     On page 2 , line 4, delete " fifty " and insert "sixty".

     On page 2 , line 5, delete " $50,000 " and insert "$60,000".

     Rep. Bill Peterson moved that Rep. Kloucek's motion to amend HB 1295 be laid on the table.

     Which motion prevailed.

     The question being "Shall HB 1295 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0


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

     Nays:
Kloucek; Lange; Van Norman

     Excused:
Bradford; Fryslie; McCaulley

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     Rep. Bill Peterson moved that HB 1279, 1299, 1085, 1273, 1264, 1108, and 1135 be deferred to Monday, February 4th, the 20th legislative day.

     Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 47:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to release juvenile information to the adult corrections system.

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

     SB 49:   FOR AN ACT ENTITLED, An Act to   authorize inmates to waive parole hearings.

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

     SB 73:   FOR AN ACT ENTITLED, An Act to   prohibit the sale of prepaid adult entertainment cards and to provide a penalty therefor.

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

     SB 96:   FOR AN ACT ENTITLED, An Act to   limit the damages that may be awarded in a medical malpractice action against an optometrist.



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

     SB 118:   FOR AN ACT ENTITLED, An Act to   prohibit smoking in public places.

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

     SB 126:   FOR AN ACT ENTITLED, An Act to   revise certain career service system rules pertaining to causes for disciplinary action against employees.

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

     SB 146:   FOR AN ACT ENTITLED, An Act to   revise the issuance and validity of certain fall three-day temporary nonresident waterfowl licenses.

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

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1195 and 1198 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 Appropriations respectfully reports that it has had under consideration HB 1120 and returns the same with the recommendation that said bill be amended as follows:


1120ta
     On page 1, line 6 of the printed bill, after " corporation. " insert "Money appropriated pursuant to this section shall be divided equally for use by the Fort Pierre Race Track and the Brown County Race Track.".

     On page 1 , line 9, after " corporation. " insert "Money appropriated pursuant to this section shall be divided equally for use by the Fort Pierre Race Track and the Brown County Race Track.".

1120da
     On page 1, line 5 of the printed bill, delete " four hundred thousand dollars ($400,000) " and insert "two hundred fifty thousand dollars ($250,000)".

     On page 1 , line 8, delete " four hundred thousand dollars ($400,000) " and insert "two hundred fifty thousand dollars ($250,000)".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1237 and returns the same with the recommendation that said bill be amended as follows:

1237ha
     On page 2, between lines 1 and 2 of the printed bill, insert:

"      Section 3. The commissioner of the Bureau of Finance and Management shall transfer two hundred fifty thousand dollars ($250,000) of the remaining appropriation from the intergovernmental transfer fund for the operating expenses of the division of rehabilitation services, Department of Human Services, to the operating expenses of the division of developmental disabilities, Department of Human Services, for the home and community based services program.".


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

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1301 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 1152 and 1276 and tabled the same.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1133 which was deferred to the 36th Legislative Day.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Michels moved that SB 15 and 42 be deferred to Monday, February 4th, the 20th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1037, 1046, 1047, 1076, and 1163 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1023, 1025, 1026, and 1045 were delivered to his Excellency, the Governor, for his approval at 2:06 p.m., February 1, 2002.

Respectfully submitted,
Scott Eccarius, Chair


SIGNING OF BILLS


     The Speaker publicly read the title to

     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.

     HB 1046: FOR AN ACT ENTITLED, An Act to  provide authority to suspend or revoke a milk sampler and grader's license.

     HB 1047: FOR AN ACT ENTITLED, An Act to  authorize a system for the collection, accounting, and reimbursement of normal and extraordinary structural fire protection efforts resulting from wildfire.

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

     HB 1163: FOR AN ACT ENTITLED, An Act to  require social workers to include background checks in home study reports and to prohibit adoptions by persons convicted of certain crimes.

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

     And signed the same in the presence of the House.

     Rep. Begalka moved that the House do now adjourn, which motion prevailed and at 2:28 p.m. the House adjourned.

Karen Gerdes, Chief Clerk