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.
"
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.
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.
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.
I have the honor to return herewith HCR 1011 in which the Senate has concurred.
Also MR. SPEAKER:
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.
And the roll being called:
Yeas 65, Nays 0, Excused 3, Absent 2
Yeas:
Excused:
Absent:
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:
Absent:
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:
Nays:
Excused:
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.
Which motion was supported and the committee was so instructed.
The question being on Rep. Jarvis Brown's motion that the House do concur in Senate
amendments to HB 1015.
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
Fryslie; McCaulley; Wick
Bradford; Van Norman
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
Bradford; Lange; Van Norman
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
Burg; Flowers; Glenski; Hanson (Gary); Hundstad; Klaudt; Lintz; Olson (Mel); Pederson
(Gordon); Sigdestad
Fryslie; McCaulley
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.
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.
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
Nays:
Excused:
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:
Excused:
Absent:
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.
Was read the second time.
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
Bradford; Hansen (Tom); Kloucek; Pederson (Gordon); Valandra; Van Norman
Fryslie; McCaulley; Van Gerpen
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
Adelstein; Fryslie; McCaulley; Van Gerpen
Burg
HB 1257:
FOR AN ACT ENTITLED, An Act to
revise the requirements for volunteer
firefighters to become eligible for workers' compensation.
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.
Which motion prevailed and the bill was so placed.
Rep. Duenwald moved that HB 1295 be placed to follow HJR 1009 on today's calendar.
"
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
Nays:
Excused:
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.
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
Gillespie; Kloucek; Lange; Nachtigal; Nesselhuf; Valandra; Van Norman
Bradford; Fryslie; McCaulley
Rep. Bill Peterson moved that Rep. Kloucek's motion to amend HB 1295 be laid on the
table.
Which motion prevailed.
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.
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.
Was read the first time and referred to the Committee on Judiciary.
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:
"
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.".