JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




TWENTIETH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, February 4, 2002

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

     The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance led by House page David Novstrup.

     Roll Call: All members present except Reps. Derby and McCaulley 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 nineteenth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
     The oath of office was administered by Speaker Pro tempore Michels to the following named pages: Michelle Behrns, Aubrey Christman, Abigail Cooke, Mollie Gabrys, Kila Keller, Jennifer Kloucek, Lakota Mowrer, David Novstrup, Laurie Reiprich, Emily Sippel, and Katherine Tjarks.

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

HONORED GUESTS


     Rep. Solum introduced Kendra Dwight, South Dakota Girls' State Governor from Rapid City, and John Rapinchuk, South Dakota Boys' State Governor from Watertown.

COMMUNICATIONS AND PETITIONS


February 1, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bill 1019, and the same has been deposited in the office of the Secretary of State.

February 4, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1008 and 1066, 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 Health and Human Services respectfully reports that it has had under consideration HB 1289 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1297 and returns the same without recommendation.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1286 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1220 and returns the same with the recommendation that said bill be amended as follows:

1220ja
     On page 1 , line 13 of the printed bill, delete " that it would be " and insert "extraordinary circumstances. For the purposes of this section, the term, extraordinary circumstances, means circumstances that result in serious detriment to the child, including the following:

             (1)    The abandonment or persistent neglect of the child by the parent;

             (2)    The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;

             (3)    The extended, unjustifiable absence of parental custody;

             (4)    The abdication of parental responsibilities;

             (5)    The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;

             (6)    The existence of a bonded relationship between the child and the nonparent custodian sufficient to cause significant emotional harm to the child in the event of a change in custody;

             (7)    The substantial enhancement of the child's well-being while under the care of the nonparent;

             (8)    The extent of the parent's delay in seeking to reacquire custody of the child;

             (9)    The demonstrated quality of the parent's commitment to raising the child;

             (10)    The likely degree of stability and security in the child's future with the parent;

             (11)    The extent to which the child's right to an education would be impaired while in the custody of the parent; and

             (12)    Any other circumstances that would substantially and adversely impact the welfare of the child.".

     On page 1 , delete line 14 .

     On page 2 , delete lines 1 and 2 .

1220ra
     On the previously adopted amendment 1220ja, on the third line, after "including" insert "any one or more of".

     On the previously adopted amendment 1220ja, in subdivision (11), delete "and" and insert "or".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1283 and returns the same with the recommendation that said bill be amended as follows:

1283ra
     On page 1, line 4 of the printed bill, after " who " insert ", intentionally or recklessly,".

     On page 1 , line 5, delete " contusion " and insert "damage".

     On page 1 , line 6, delete " whether caused intentionally or " .

     On page 1 , line 7, delete " recklessly, " .

1283rb
     On page 1, line 5 of the printed bill, after " intracranial " insert "or intraocular".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1300 and returns the same with the recommendation that said bill be amended as follows:


1300ra
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 3-21-10 be amended to read as follows:

     3-21-10.   No waiver of state immunity by statute or, where permitted, by any officer or agent of the state may constitute or be interpreted as a waiver of the state's immunity from lawsuits in federal court or the courts of any jurisdiction other than the South Dakota Unified Judicial System . "


1300rta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "clarify the state's sovereign immunity in the courts of other jurisdictions.".

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

Respectfully submitted,
Matthew Michels, Vice Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill be amended as follows:

1136oa
     On page 1, line 10 of the printed bill, after " 1-10-1. " insert " Neither the state treasurer nor the state auditor may be a signatory on any local account. Any agency holding state funds in any local bank account shall provide a quarterly statement of activity in that account to the state treasurer and the state auditor. ".

     On page 1 , delete lines 11 to 13 , inclusive.

     On page 2 , delete lines 1 to 3 , inclusive.

     On page 2 , line 8, delete " or state " .

     On page 2 , line 9, delete " treasurer " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1119, which was reconsidered, and returns the same with the recommendation that said bill do not pass.



Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1113, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1113ma
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. The Department of Corrections shall seek membership in the Performance-based Standards Project sponsored by the Office of Juvenile Justice and Delinquency Prevention, United States Department of Justice. The Department of Corrections shall apply for membership as an implementation site and shall sign an agreement with the Council of Juvenile Correctional Administrators, hereinafter referred to as the council, committing adequate resources to complete the data collection cycles and facility improvement plans.

     Section 2. If the membership application in section 1 of this Act is approved, the Department of Corrections shall apply to the council for demonstrated program funding provided by the Office of Juvenile Justice Delinquency Prevention to support changes and actions outlined in facility improvement plans.

     Section 3. If the membership application in section 1 of this Act is approved, the department may request federal spending authority from the committee created in §  4-8A-2.

     Section 4. If the membership application in section 1 of this Act is approved, the Department of Corrections shall appoint at least one manager who shall organize and supervise agency resources and activities to achieve membership and completion of designated programs.

     Section 5. No child in the custody of the State of South Dakota or any subdivision thereof may be placed in any program unless that program is actively seeking membership in the Performance-based Standards Project, or has completed designated programs involved with membership in the council.

     Section 6. The Department of Corrections shall write a report detailing the assessments made by the council and the actions taken by the department. The Department of Corrections shall present the report semiannually to the Corrections Commission, established in § 1-15-1.13, beginning on June 30, 2002. The department shall present the report to the Governor and the Legislature annually, beginning on January 1, 2003.

     Section 7. 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."


1113oa
    In the previously adopted amendment (1113ma) amend as follows:

     In Section 5, after "Project," delete "or".

     In Section 5, after "council" insert ", is actively seeking accreditation through application, or is accredited by the American Corrections Association if such accreditation is available".
1113mta
     On page 1 of the printed bill, delete line 2 , and insert "membership in the Performance- based Standards Project".

     And that as so amended said bill do not pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1146 and 1287 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1115 and 1185 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 5, 87, 94, 95, 102, 114, and 167 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 5, 6, 7, 8, 9, 10, and 11 which have been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1014   Introduced by:  Representatives Nachtigal and Bartling and Senator Hutmacher


         A CONCURRENT RESOLUTION,  Urging Congress to revise eligibility requirements for certain Medicaid recipients of long-term care assistance.

     WHEREAS,  federal regulations currently provide that Medicaid to individuals in medical institutions, nursing facilities, and intermediate care facilities for the mentally retarded is effective with the first day of a period of not less than thirty consecutive days of institutionalization; and

     WHEREAS,  this requirement applies if an eligible individual's income minus twenty dollars is greater than the Supplemental Security Income standard but less than three hundred percent of the Supplemental Security Income standard; and

     WHEREAS,  this requirement precludes a nursing facility from recovering any amount for long-term care provided to these individuals for periods of stay that are less than thirty consecutive days; and

     WHEREAS,  nursing facilities are struggling financially in South Dakota and should be paid for the care provided to these individuals for periods of time that are less than thirty consecutive days:

     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 Congress be urged to revise the regulation that precludes coverage for certain Medicaid eligible residents of nursing facilities unless they have been residents of the facility for thirty consecutive days and instead provide payment for these individuals upon the first day of institutionalization.

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

     SCR 5:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Madison.

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

     SCR 6:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Belle Fourche.

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

     SCR 7:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Chamberlain.

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


     SCR 8:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Hill City.

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

     SCR 9:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Pierre.

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

     SCR 10:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Redfield and Spink County.

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

     SCR 11:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in Deadwood and the Deadwood Adams House Museum.

     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

     Taxation on HB 1229 as found on pages 408 and 409 of the House Journal ; also

     Appropriations on HB 1120 as found on pages 420 and 421 of the House Journal ; also

     Appropriations on HB 1237 as found on page 421 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

HONORED GUESTS


     Rep. Gillespie introduced the 2001-2002 South Dakota Easter Seals family of the year, Austin Van Noort, his sister, and his mother. Austen's parents are Jill Ballinger and Randy Van Noort of Canton, South Dakota.

     Rep. Richter now presiding.


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1165:   FOR AN ACT ENTITLED, An Act to   permit more time to file local referendums.

     Was read the second time.

     The question being "Shall HB 1165 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; 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; 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; Van Norman; Wick; Speaker Eccarius

     Nays:
Konold

     Excused:
Brown (Jarvis); Derby; 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 1130:   FOR AN ACT ENTITLED, An Act to   revise the provisions related to the sale of surplus governmental property.

     Was read the second time.

     The question being "Shall HB 1130 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; 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; 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); Derby; 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 1218:   FOR AN ACT ENTITLED, An Act to   revise the definition of the term, crime of violence.

     Was read the second time.

     The question being "Shall HB 1218 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Davis; 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; 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); Clark; Derby; 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 1195:   FOR AN ACT ENTITLED, An Act to   increase the amount transferred to the budget reserve fund.


     Was read the second time.

     The question being "Shall HB 1195 pass?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; 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

     Nays:
Garnos; Kloucek; McCoy

     Excused:
Brown (Jarvis); Derby; 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.

     HB 1198:   FOR AN ACT ENTITLED, An Act to   provide for a maximum amount in the property tax reduction fund.

     Was read the second time.

     The question being "Shall HB 1198 pass?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lange; Lintz; Madsen; 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



     Nays:
Garnos; Kooistra; McCoy

     Excused:
Brown (Jarvis); Derby; McCaulley

     Absent:
Brown (Richard)

     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 1279:   FOR AN ACT ENTITLED, An Act to   establish the South Dakota Municipal Facilities Authority, to provide for the establishment of one or more special purpose corporations by the South Dakota Municipal Facilities Authority, to establish the powers of the South Dakota Municipal Facilities Authority and each such corporation, including the power to acquire, own, lease, sublease and dispose of certain land, improvements and capital equipment comprising all or a portion of any municipal facilities, including any system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers of the state, the Department of Environment and Natural Resources, the Board of Water and Natural Resources, the South Dakota Conservancy District and municipalities and other public entities of the state in connection therewith.

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

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Flowers; Hanson (Gary); Hundstad; Lange; Nachtigal; Sigdestad; Valandra; Van Etten


     Excused:
Derby; 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 1299:   FOR AN ACT ENTITLED, An Act to   change the definition and venue of perjury prosecutions and to provide for the verification of certain information on certain state applications or other documents.

     Was read the second time.

     The question being "Shall HB 1299 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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; 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; Wick; Speaker Eccarius

     Nays:
Bradford; Kloucek; Van Norman

     Excused:
Derby; 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 1085:   FOR AN ACT ENTITLED, An Act to   establish a master teacher program to award certain teachers.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1085 be deferred to Tuesday, February 5th, the 21st legislative day.


     Which motion prevailed and the bill was so deferred.

     HB 1273:   FOR AN ACT ENTITLED, An Act to   revise the requirements for obtaining plates and certificates to park in any space reserved for the disabled.

     Was read the second time.

     Rep. Duniphan moved that HB 1273 be deferred to Thursday, February 7th, the 23rd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1264:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding aerial hunting.

     Was read the second time.

     Rep. Klaudt moved that HB 1264 be laid on the table.

     The question being on Rep. Klaudt's motion that HB 1264 be laid on the table.

     And the roll being called:

     Yeas 59, Nays 9, Excused 2, Absent 0

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

     Nays:
Hennies (Don); Hundstad; Jaspers; Juhnke; Kooistra; Monroe; Napoli; Smidt; Valandra

     Excused:
Derby; McCaulley

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1264 was laid on the table.


     HB 1108:   FOR AN ACT ENTITLED, An Act to   require that counties be reimbursed for housing persons sent to county jail in lieu of the penitentiary.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1108 be referred to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

     Speaker Eccarius now presiding.

     HB 1135:   FOR AN ACT ENTITLED, An Act to   provide for the reclassification of certain real property.

     Was read the second time.

     The question being "Shall HB 1135 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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; McCoy; Michels; 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:
Bradford; Monroe; Van Norman

     Excused:
Derby; 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 1159:   FOR AN ACT ENTITLED, An Act to   permit certain persons to solemnize marriages.


     Was read the second time.

     Rep. Michels moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1159 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 41, Excused 3, Absent 1

     Yeas:
Adelstein; Brown (Richard); Burg; Clark; Duniphan; Flowers; Gillespie; Heineman; Hundstad; Kloucek; Konold; Lange; Madsen; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Richter; Valandra; Van Norman; Speaker Eccarius

     Nays:
Bartling; Begalka; Broderick; Brown (Jarvis); Davis; Duenwald; Elliott; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Kooistra; Lintz; McCoy; Monroe; Napoli; Peterson (Jim); Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

     Excused:
Bradford; Derby; McCaulley

     Absent:
Abdallah

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

     Rep. Michels announced his intention to reconsider the vote by which HB 1159 was lost.

     HB 1236:   FOR AN ACT ENTITLED, An Act to   declare a disaster in certain federal forest areas and to authorize state and local remedial action.

     Was read the second time.

     Rep. Bill Peterson requested a fiscal note on HB 1236.

     Which request was supported.



     HB 1109:   FOR AN ACT ENTITLED, An Act to   exempt local governments from certain competitive bid requirements.

     Was read the second time.

     Speaker Pro tempore Michels now presiding.

     The question being "Shall HB 1109 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 26, Excused 2, Absent 0

     Yeas:
Abdallah; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Clark; Duniphan; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sigdestad; Smidt; Solum; Sutton (Duane); Valandra; Van Etten

     Nays:
Adelstein; Bartling; Bradford; Burg; Davis; Duenwald; Elliott; Fryslie; Hanson (Gary); Heineman; Hennies (Don); Hundstad; Juhnke; Klaudt; Madsen; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Sebert; Slaughter; Teupel; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Derby; 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 1281:   FOR AN ACT ENTITLED, An Act to   lengthen the period required for notice of nonrenewal of certain insurance policies.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1281 be deferred to Tuesday, February 5th, the 21st legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1182:   FOR AN ACT ENTITLED, An Act to   allow evidence of a prior offense of sexual assault under certain circumstances when a defendant is charged with a sex crime.



     Was read the second time.

     The question being "Shall HB 1182 pass?"

     And the roll being called:

     Yeas 44, Nays 21, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Clark; Duenwald; Duniphan; Frost; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCoy; Michels; Monroe; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Bradford; Broderick; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Kloucek; Lange; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Sigdestad; Valandra

     Excused:
Derby; Fryslie; McCaulley; Teupel

     Absent:
Van Norman

     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.

     Speaker Eccarius now presiding.

     HB 1058:   FOR AN ACT ENTITLED, An Act to   appropriate money to the Edgemont school district.

     Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:

     Yeas 61, Nays 4, Excused 4, Absent 1


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; 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; Lange; Lintz; Madsen; McCoy; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Kooistra; Michels; Peterson (Bill); Richter

     Excused:
Derby; Fryslie; McCaulley; Teupel

     Absent:
Van Gerpen

     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.

     HB 1301:   FOR AN ACT ENTITLED, An Act to   authorize the railroad authority to acquire certain facilities owned by other railroads and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1301 pass?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; 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); Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Klaudt; Kooistra; Van Norman

     Excused:
Derby; Fryslie; McCaulley; Teupel



     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 5:   FOR AN ACT ENTITLED, An Act to   establish a program for teacher mentors.

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

     SB 87:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to open enrollment.

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

     SB 94:   FOR AN ACT ENTITLED, An Act to   permit the posting or display of the United States flag, giving the pledge of allegiance, and singing the national anthem.

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

     SB 95:   FOR AN ACT ENTITLED, An Act to   revise the total amount of revenue payable to counties from taxes on real property.

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

     SB 102:   FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education for certain consolidated school districts.

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

     SB 114:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to township meetings.

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

     SB 167:   FOR AN ACT ENTITLED, An Act to   revise the contractor's excise tax provisions for a commercial power production facility.

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



SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Michels moved that SB 15 and 42 be deferred to Tuesday, February 5th, the 21st legislative day.

     Which motion prevailed and the bills were so deferred.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1133, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1133fa
     On page 1, after line 12 of the printed bill, insert:

"      Section 2. That subdivision (6) of § 32-6B-5 be amended to read as follows:

             (6)      Any person engaged in the business of manufacturing or customizing motorcycles motor vehicles may display but may not sell any motorcycles motor vehicle at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of one hundred fifty dollars for a ten-day temporary permit. However, if the permit is purchased at least five days before the event, the person shall pay a fee of one hundred dollars for the ten-day temporary permit;
".

1133fd
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That subdivision (6) of § 32-6B-5 be amended to read as follows:


             (6)      Any person engaged in the business of manufacturing or customizing motorcycles motor vehicles may display but may not sell any motorcycles motor vehicle at an event, if the event lasts three or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of one hundred fifty dollars for a ten-day temporary permit. However, if the permit is purchased at least five days before the event, the person shall pay a fee of one hundred dollars for the ten-day temporary permit;
"


1133ftb
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise certain requirements for displaying motor vehicles at events.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1030, 1169, and 1194 which were deferred to the 36th Legislative Day.

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

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1015, 1115, and 1185 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1037, 1046, 1047, 1076, and 1163 were delivered to his Excellency, the Governor, for his approval at 2:50 p.m., February 4, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1015: FOR AN ACT ENTITLED, An Act to  modify certain requirements for service of notice of entry in an action involving abuse or neglect.

     HB 1115: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the letting of township highway projects.


     HB 1185: FOR AN ACT ENTITLED, An Act to  add a representative from the South Dakota Association of Weed and Pest Supervisors to the South Dakota Weed and Pest Control Commission

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk