77
th Legislative Session _ 2002
1302ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. For the purposes of this Act, the term, standard guidelines, means the child visitation
guidelines established by court rules promulgated by the South Dakota Supreme Court pursuant to
section 2 of this Act.
Section 2. The South Dakota Supreme Court shall promulgate court rules establishing standard
guidelines to be used statewide for child visitation in divorce or separate maintenance actions or any
other custody action or proceeding. The standard guidelines shall provide a framework for child
visitation including frequency and time for child visitation; hours or days of visitation; definitions
for weekends, holidays, birthdays, and other special occasions; and time periods for summer
visitations. In establishing the standard guidelines, the court may consider varying ages and
circumstances of children and treat varying ages and circumstances differently.
Section 3. Upon the filing of a summons and complaint for divorce or separate maintenance or
any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a
copy of the standard guidelines. Any minor child of the marriage shall remain in the custody of the
parent who has been the primary caregiver for the minor child for the majority of time in the thirty
days preceding the filing of the summons and complaint, unless the parties agree otherwise. The
standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders
otherwise. Imposition of the standard guidelines creates no presumption as to who shall be awarded
custody at any hearing.
Section 4. Any agreement by the parties for visitation other than the standard guidelines shall be
in writing, signed by both parties and filed with the court.
Section 5. If either party objects to the initial custody arrangement in section 3 of this Act or the
standard guidelines, the court shall order a hearing which shall be held not later than thirty days after
the date of the objection. The court shall issue its temporary custody and visitation order after
considering the best interests of the child consistent with the provisions of
§
25-4-45.
Section 6. The standard guidelines are subject to any provision established by a South Dakota
state court in the following: a temporary or permanent domestic protection order, an order arising
out of an abuse or neglect proceeding, a bond condition arising out of a criminal case, and an order
in any other proceeding affecting child custody or support.
Section 7. The court may order either party to pay attorney fees and costs in an action filed under
this Act in accordance with
§
15-17-38 or any other applicable statute.
Section 8. The parents are responsible for payment of child support in accordance with
§
25-7-
6.1."
Moved by: Duniphan
Second by: Juhnke
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1302 AS AMENDED
Moved by: Brown (Richard)
Second by: Duniphan
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Brown (Richard), Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke,
Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)
Excused: Duenwald
MOTION:
TO AMEND TITLE OF HB 1302
1302ota
On page
1,
line 1 of the printed bill,
delete everything after "
for
"
and insert "the establishment
of standard guidelines to be used regarding child custody and visitation.".
On page
1
,
delete line
2
.
Moved by: Napoli
Second by: Olson (Mel)
Action: Prevailed by voice vote.
HB 1305: define terrorism, to create the crime of terrorism, and to provide a penalty
therefor.
Presented By: Deb Bowman, Director of Homeland Security, Governor's Office
Proponents: Charles McGuigan, Attorney General's Office
Jerus Campbell, attorney, Governor's Office
Opponents: Representative Tim Begalka, self, Clear Lake
Ray Lautenschlager, lobbyist, SD Gunowners, Rapid City
MOTION:
AMEND HB 1305
1305oa
On page
1,
line 7 of the printed bill,
delete "
nuclear
"
and insert "radioactive".
1305ob
On page
1,
line 14 of the printed bill,
before "
terrorism
"
insert "an act of".
Moved by: Brown (Richard)
Second by: Olson (Mel)
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1305 AS AMENDED
Moved by: Olson (Mel)
Second by: Duniphan
Action: Prevailed by roll call vote.(9-3-1-0)
Voting Yes: Brown (Richard), Duniphan, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel),
Smidt, Peterson (Bill)
Voting No: Eccarius, Glenski, Napoli
Excused: Duenwald
HB 1303: revise the Governor's emergency powers in the event of a terrorist or
bioterrorist attack.
Presented By: Deb Bowman, Director of Homeland Security, Governor's Office
Proponents: Kitty Wuerthman, lobbyist, SD Eagle Forum, Pierre
Don Dahlin, self, Vermillion
Opponents: Zach Lautenschlager, lobbyist, SD Gunowners, Rapid City
David Astin, self, Hermosa
Ray Lautenschlager, President, SD Gunowners, Rapid City
Representative Jeff Monroe, self
MOTION:
AMEND HB 1303
1303oa
On page
2,
line 24 of the printed bill,
after "
Dakota
"
insert "
and the Constitution of the United
States of America, specifically, the second amendment
".
1303ob
Delete the previously adopted amendment (1303oa).
On page
2,
line 19 of the printed bill,
after "
terrorism;
"
insert "
and
".
On page
2
,
line 21,
delete "
; and
"
.
On page
2
,
delete lines
22 and 23
.
On page
2
,
line 24,
delete "
laws of the State of South Dakota
"
.
Moved by: Napoli
Second by: Michels
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1303 AS AMENDED
Moved by: Eccarius
Second by: Michels
Action: Prevailed by roll call vote.(9-3-1-0)
Voting Yes: Brown (Richard), Duniphan, Eccarius, Hanson (Gary), Jaspers, Juhnke, Michels,
Smidt, Peterson (Bill)
Voting No: Glenski, Olson (Mel), Napoli
Excused: Duenwald
HB 1304: revise the emergency powers of the Department of Health.
Presented By: Deb Bowman, Director of Homeland Security, Governor's Office
Proponents: Doneen Hollingsworth, Secretary, Department of Health (handouts 1, 2)
Kevin Forsch, Department of Health
Dick Howard, lobbyist, SD Association of County Officials, Pierre
David Hewett, lobbyist, SD Association of Health Organizations, Sioux Falls
Karl J. Blessinger, M.D., SD State Medical Association, Huron
Opponents: Ray Lautenschlager, lobbyist, SD Gunowners, Rapid City
MOTION:
AMEND HB 1304
1304oa
On page
2,
line 23 of the printed bill,
delete "
§
§
34-16-19 to 34-16-20
"
and insert "
chapter 34-
16
".
On page
2
,
line 23,
overstrike "
,
"
.
On page
2
,
line 24,
overstrike "
inclusive
"
.
On page
2
,
line 24,
delete "
,
"
.
On page
8
,
after line 11, insert:
"
Section 26. That
§
34-16-3
be repealed.
34-16-3.
All county boards of health and health officers shall make such investigations and
reports and obey such directions concerning communicable diseases as the Department of Health
may require or give, and under the general supervision of the department they shall cause all laws
and regulations relating to public health and sanitary matters to be obeyed and enforced.
Section 27. That
§
34-16-4
be repealed.
34-16-4.
Every county board of health member or officer refusing or neglecting to perform any
duty imposed upon him by or pursuant to this chapter or by any statute, ordinance, bylaw, or rule or
regulation relating to public health and sanitary measures shall be punished according to the
provisions of
§
34-2-11.
Section 28. That
§
34-16-6
be repealed.
34-16-6.
Whenever the township board of health thinks it necessary for the preservation of the
health of its inhabitants to enter any building, car, truck, automobile, or vessel in the township for
the purpose of examining into and destroying, removing, or preventing any nuisance, source of filth,
or cause of sickness, and shall be refused such entry, any member of the board may make complaint
under oath to a judge of the circuit court for the county, stating the facts in the case so far as he has
knowledge thereof.
Section 29. That
§
34-16-7
be repealed.
34-16-7.
The circuit court judge to whom complaint is made pursuant to
§
34-16-6 shall
thereupon issue a warrant directed to the sheriff or any constable of the county, commanding him
to take sufficient aid and, accompanied by two or more of the board of health, between the hours of
sunrise and sunset, to repair to the place where such nuisance, source of filth, or cause of sickness
complained of may be and to destroy, remove, or prevent the same under the direction of the
members of such board of health.
Section 30. That
§
34-16-8
be repealed.
34-16-8.
Whenever any nuisance, source of filth, or cause of sickness is found on private
property, the township board of health shall order the owner or occupant thereof at his own expense
to remove the same within twenty-four hours; and if the owner or occupant thereof neglects so to do
he shall forfeit a sum not exceeding fifty dollars, to be recovered in the name of and for the use of
the township.
Section 31. That
§
34-16-9
be repealed.
34-16-9.
Whenever an owner or occupant of private property shall not comply with an order of
the board of health under
§
34-16-8, the board may cause the nuisance, source of filth, or cause of
sickness to be removed, and all expenses incurred thereby shall be paid by the owner or occupant
or by such other person as has caused or permitted the same.
Section 32. That
§
34-16-10
be repealed.
34-16-10.
Whenever it shall be brought to the knowledge of any member of the board of
township supervisors that the dead, putrid, or decaying body of any animal is unburied in his
township and is or may become offensive or endangers or may endanger the health of persons or
domestic animals, such supervisor shall forthwith notify the person who was at the time of its death
the owner of such animal and also the person who was at such time in charge thereof, if known to
him and residing in the township, to burn or bury such body or otherwise dispose of such body in
the manner provided by law within a reasonable time to be fixed by the said supervisor.
Section 33. That
§
34-16-11
be repealed.
34-16-11.
If the owner or person in charge shall fail, neglect, or refuse to burn or bury or
otherwise dispose of such body in accordance with the laws, rules, and regulations provided by
§
§
34-16-10 to 34-16-13, inclusive, within the time required by such supervisor, or if such persons
are unknown to the said supervisor or do not reside in the township, the said supervisor shall at once
cause the same to be buried or burned and the expense of the same shall be paid by the township
where such animal is found dead.
Section 34. That
§
34-16-12
be repealed.
34-16-12.
The burning or burial provided for in
§
§
34-16-10 and 34-16-11 shall be done
effectively and thoroughly so that the body shall not emit any stench or be offensive or in any manner
endanger the health of persons or domestic animals.
Section 35. That
§
34-16-13
be repealed.
34-16-13.
The owner of such animal and the person in charge thereof shall at once become liable
to the township for the costs and expenses of burning or burial and notice pursuant to
§
34-16-11,
and the same may be recovered in an action to be instituted against both or either of such persons.
Section 36. That
§
34-22-3
be repealed.
34-22-3.
When a disease dangerous to the public health breaks out in any township the township
board of health shall immediately provide such hospital or place of reception for the sick and
infected as is judged best for their accommodation and the safety of the inhabitants, which shall be
subject to the regulations of the board; and the board may cause any sick or infected person to be
removed thereto, unless his condition will not admit of such removal without danger to his health,
in which case the house or place where he remains shall be considered as a hospital and with all its
inmates subject to the regulations of the board.
Section 37. That
§
34-22-4
be repealed.
34-22-4.
When any person coming from abroad, or residing in any civil township in this state,
is infected or has lately been infected with smallpox or other contagious or infectious disease
dangerous to the public health, the board of health of the township where such sick or infected
person is may immediately cause such person to be removed to a separate house, if it can be done
without danger to his health, and shall provide for such person, nurses, medical attendance, and other
necessities which shall be a charge in favor of such township against the person so provided for, his
parents or guardian, if able to pay the same, otherwise against the county to which he belongs, or the
state, if such person be a nonresident of the state.
If such infected person cannot be removed without danger to his health, the board shall make
provision as directed in the preceding paragraph for such person in the house where he may be, and
in such case it may cause the persons in the neighborhood to be removed, and may take such other
measures as it may deem necessary for the safety of the inhabitants.
".
Moved by: Brown (Richard)
Second by: Duniphan
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1304 AS AMENDED
Moved by: Olson (Mel)
Second by: Brown (Richard)
Action: Prevailed by roll call vote.(12-0-1-0)
Voting Yes: Brown (Richard), Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke,
Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)
Excused: Duenwald
HB 1051: revise the definition of a state agency regarding certain disclosures by a
state agency of information concerning a private entity.
Presented By: Rolayne Wiest, attorney, Public Utilities Commission
Proponents: Robert Miller, lobbyist, SD Electric Utilities Companies
MOTION:
DO PASS HB 1051
Moved by: Olson (Mel)
Second by: Hanson (Gary)
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1051 TO THE 36TH LEGISLATIVE DAY
Moved by: Napoli
Second by: Michels
Action: Prevailed by roll call vote.(9-3-1-0)
Voting Yes: Brown (Richard), Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli,
Peterson (Bill)
Voting No: Glenski, Hanson (Gary), Olson (Mel)
Excused: Duenwald
HB 1142: repeal the prohibition of certain disclosures by a state agency of
information concerning a private entity and to refer the Act to the electors of this
state at the next general election.
Presented By: Representative Mel Olson, prime sponsor
Proponents: Robert Mack, self, Watertown
David Bordewyk, lobbyist, SD Newspaper Association, Bookings
MOTION:
DO PASS HB 1142
Moved by: Hanson (Gary)
Second by: Olson (Mel)
Action: Failed by roll call vote.(3-9-1-0)
Voting Yes: Glenski, Hanson (Gary), Olson (Mel)
Voting No: Brown (Richard), Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli,
Peterson (Bill)
Excused: Duenwald
MOTION:
TO TABLE HB 1142
Moved by: Jaspers
Second by: Duniphan
Action: Prevailed by roll call vote.(9-3-1-0)
Voting Yes: Brown (Richard), Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli,
Peterson (Bill)
Voting No: Glenski, Hanson (Gary), Olson (Mel)
Excused: Duenwald
HB 1294: revise and supplement certain powers of the South Dakota Building
Authority.
Presented By: Representative Bill Peterson, prime sponsor
Proponents: Curt Everson, Bureau of Finance and Management (handout 3)
MOTION:
AMEND HB 1294
1294oa
On page
1,
after line 8 of the printed bill, insert:
"
Section 2. That
§
5-12-50
be amended to read as follows:
5-12-50.
The authority may establish by resolution a special purpose corporation which shall be
body corporate and politic and instrumentality of, but having a legal existence independent and
separate from, the State of South Dakota and the authority. The corporation shall be established for
the express limited public purposes set forth in
§
§
5-12-48 to 5-12-60, inclusive, and no part of the
net earnings of the corporation shall inure to any private individual.
The corporation shall be governed by a board consisting of the members of the authority and two
additional persons appointed by the Governor, which two additional members shall be independent
from the state. The resolution establishing the corporation shall serve as the charter of the
corporation and may be amended from time to time by the authority, but the resolution shall at all
times provide that the power and the authority of the corporation shall be subject to the terms,
conditions, and limitations of
§
§
5-12-48 to 5-12-60, inclusive, and any applicable covenants or
agreements of the corporation in any indenture or other agreement relating to any then outstanding
bonds. The corporation may enter into contracts regarding any matter connected with any corporate
purpose within the objects and purposes of
§
§
5-12-48 to 5-12-60, inclusive.
The authority and corporation may delegate by resolution to one or more officers or employees
of the authority or corporation such powers and duties as it may deem proper.
The corporation may issue bonds and secure repayment of the bonds with amounts payable out
of tobacco settlement revenues or any other property or funds of the corporation. Bonds issued by
the corporation shall be accompanied by an opinion of nationally recognized bond counsel
substantially to the effect that
interest on the bonds is excludable from the gross income of the
bondholder for federal income tax purposes
the bonds are valid and legal obligations of the
corporation
.
The corporation may pledge as security for any bonds any rights under the master settlement
agreement held by the corporation, including the right to receive or collect tobacco settlement
revenues, moneys, or other funds deposited with, payable to or held by or on behalf of the
corporation, and the proceeds of the foregoing and any proceeds of bonds. Any right of the state to
the residual interest in tobacco settlement revenues shall be, in all respects, junior and subordinate
to any such pledge if and to the extent so provided by the terms of any instrument or agreement
described in
§
5-12-49 and signed on behalf of the state by the Governor. Any such pledge made by
the corporation shall be valid and binding from the time the pledge is made. The property, revenues,
moneys, and other funds so pledged and thereafter held or received by or on behalf of the corporation
shall immediately be subject to the lien of the pledge without any physical delivery thereof or further
act; and, subject only to the provisions of prior pledges or agreements of the corporation, the lien of
the pledge shall be valid and binding as against the state and all parties having claims of any kind
in tort, contract, or otherwise against the corporation irrespective of whether such parties have notice
thereof. No ordinance, resolution, trust agreement, or other instrument by which such pledge is
created need be filed or recorded except in the records of the corporation.
In connection with the issuance of bonds or, at any time with respect to bonds, the corporation
may enter into arrangements to provide additional security and liquidity for bonds. The arrangements
may include, without limitation, bond insurance, letters of credit, and lines of credit by which the
corporation may borrow funds to pay or redeem its bonds and purchase or remarketing arrangements
for assuring the ability of owners of the bonds to sell or have redeemed their bonds. The corporation
may enter into contracts and may agree to pay fees to persons providing the arrangements, including
from bond proceeds.
The resolution authorizing the issuance of bonds or the indenture or other agreement approved
by the resolution may provide that interest rates may vary from time to time depending upon criteria
established by the corporation, which may include, without limitation, a variation in interest rates
as may be necessary to cause bonds to be remarketable from time to time at a price equal to their
principal amount, and may provide for appointment of a national banking association, bank, trust
company, investment banking firm, or other financial institution to serve as a remarketing agent in
that connection. The indenture or other agreement with respect to bonds may provide that alternative
interest rates or provisions will apply during such times as bonds are held by a person providing a
letter of credit or other credit enhancement arrangement for bonds.
In connection with bonds under
§
§
5-12-48 to 5-12-60, inclusive, or the investment of proceeds,
bonds, or other funds of the corporation, the corporation may enter into contracts that it determines
necessary or appropriate to permit it to manage payment or interest rate risk. These contracts may
include, but are not limited to, interest rate exchange agreements; contracts providing for payment
or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows
or series of payments; and contracts incorporating interest rate caps, collars, floors, or locks.
The corporation may not file a voluntary petition under or be or become a debtor or bankrupt
under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or
moratorium law or statute as may, from time to time, be in effect and neither any public officer nor
any organization, entity, or other person shall authorize the corporation to be or become a debtor or
bankrupt under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or
moratorium law or statute, as may, from time to time be in effect.
The corporation may not guarantee the debts of another.
The corporation may not be required to file any reports with the state other than those required
to be filed with the Legislature by authorities which issue bonds.
Except for debts incurred directly by the corporation, no indebtedness, bonds, or obligation,
issued, incurred, or created by the State of South Dakota or any state agency or instrumentality may
be or become a lien, charge, or liability against the corporation or the property or funds of the
corporation.
Section 3. 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."
1128jd
On the printed bill, delete everything after the enacting clause and insert:
"
Section
1.
Any health care provider conducting case management or utilization review under a
case management plan for an injured or disabled employee for injuries and diseases compensable
under Title 62 shall be a health care provider licensed, registered, or certified in the same profession
as the provider whose treatment is being managed or reviewed or a health care provider who has
qualified expertise in treating the medical condition under management or review."