JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 5, 2002

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

     The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by House page Mollie Gabrys.

     Roll Call: All members present except Reps. Fryslie and Valandra 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 twentieth 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


February 4, 2002

The Honorable Scott Eccarius
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Eccarius and Members of the House:

    I herewith return House Bill 1009 with the following recommendations as to STYLE and FORM.

    House Bill 1009 is, An Act to revise the election procedures of certain special purpose districts.

    The title is deficient in that it fails to disclose completely the content of all the provisions in the bill. Specifically, section 9 does not deal with elections. This oversight can be corrected by amending the title by adding the following:

    On line 2 of the House Local Government enrolled version of the bill, after the word “districts” insert “and revise the power to fill vacancies on the board of a special purpose district”.

    I respectfully request you concur with my recommendation as to style and form.


Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1254 and returns the same with the recommendation that said bill be amended as follows:

1254ta
     On page 1, line 4 of the printed bill, delete " 40-15A " and insert "40-15".

1254tb
     On page 3, line 21 of the printed bill, delete " be the board " and insert " be the Animal Industry Board ".
     On page 4 , line 1, after " section. " insert " Any livestock dealer, packer, or packer buyer in violation of this section is guilty of a Class 1 misdemeanor. ".

1254tta
     On page 1, line 2 of the printed bill, after " dealers " insert "and to establish a penalty".

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

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1161 and returns the same without recommendation.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HJR 1008 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1280 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:

1059fb
     On page 1, line 5 of the printed bill, overstrike " resident " and insert " property owner or taxpayer ".

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

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1077 and tabled the same.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1248 and 1268 and HJR 1001 which were deferred to the 36th Legislative Day.

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1294 and returns the same with the recommendation that said bill be amended as follows:

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."


1294ota
     On page 1, line 2 of the printed bill, after " Authority " insert "and to declare an emergency".

     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 1302 and returns the same with the recommendation that said bill be amended as follows:

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."

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 .

     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 1303 and returns the same with the recommendation that said bill be amended as follows:

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 " .

     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 1304 and returns the same with the recommendation that said bill be amended as follows:

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. ".

     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 1305 and returns the same with the recommendation that said bill be amended as follows:

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".

     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 1142 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1051 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill be amended as follows:

1092tb
     On page 1, line 12 of the printed bill, after " participation. " insert "Nothing in this section may cause any National Guard member's tuition rate, relative to current resident tuition rates, to increase beyond the tuition rate that applied to the National Guard member during the most recent semester or academic term in which the member was enrolled before the effective date of this Act.".

     On page 1 , line 13, delete " national guardsman or " and insert "National Guard".

     On page 1 , line 14, delete " other reserve component " .

     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 1263 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Mitch Richter, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1016, 1104, 1125, 1132, 1139, and 1203 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1038, 1042, 1080, and 1221 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 90, 91, 109, 110, 120, 183, 184, 186, and SJR3 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

HONORED GUESTS


     Rep. Duniphan introduced Brigadier General Edward A. Rice, Jr., Commander of the 28th Bomb Wing, Ellsworth Air Force Base.

MOTIONS AND RESOLUTIONS


     HCR 1013:   A CONCURRENT RESOLUTION,   Recognizing Ellsworth Air Force Base personnel as an outstanding component of our nation's defenses.

     Rep. Duniphan moved that HCR 1013 as found on page 341 of the House Journal be adopted.

     The question being on Rep. Duniphan's motion that HCR 1013 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; 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; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Fryslie; Valandra

     Absent:
Duniphan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1013 was adopted.

     HCR 1014:   A CONCURRENT RESOLUTION,   Urging Congress to revise eligibility requirements for certain Medicaid recipients of long-term care assistance.

     Rep. Nachtigal moved that HCR 1014 be deferred to Wednesday, February 6th, the 22nd legislative day.

     Which motion prevailed and the resolution was so deferred.

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

     Rep. Adelstein moved that the House do now reconsider the vote by which HB 1159 was lost.

     The question being on Rep. Adelstein's motion to reconsider the vote by which HB 1159 was lost.

     And the roll being called:

     Yeas 35, Nays 31, Excused 2, Absent 2

     Yeas:
Adelstein; Bartling; Bradford; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Elliott; Garnos; Gillespie; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Jensen; Kloucek; Konold; Lange; McCaulley; Michels; Murschel; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Richter; Sutton (Duane); Teupel; Van Gerpen; Van Norman; Speaker Eccarius

     Nays:
Abdallah; Begalka; Broderick; Duenwald; Flowers; Frost; Glenski; Hansen (Tom); Holbeck; Hundstad; Hunhoff; Jaspers; Juhnke; Klaudt; Koistinen; Kooistra; Lintz; Madsen; McCoy; Monroe; Nachtigal; Napoli; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Van Etten; Wick

     Excused:
Fryslie; Valandra

     Absent:
Davis; Duniphan

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

     HCR 1015   Introduced by:  Representatives Van Norman, Abdallah, Adelstein, Bartling, Bradford, Burg, Davis, Elliott, Glenski, Hanson (Gary), Hargens, Hennies (Don), Hennies (Thomas), Hundstad, Jensen, Klaudt, Kloucek, Kooistra, Lange, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Gerpen and Senators Volesky, Bogue, de Hueck, Hagen, Koetzle, Olson (Ed), Putnam, and Staggers

         A CONCURRENT RESOLUTION,  Encouraging state and local law enforcement agencies to acquire and to use video cameras at all traffic stops.

     WHEREAS,  there have been increasing allegations around the nation of racial profiling by law enforcement officers in making traffic stops and other arrests, including possible incidents involving South Dakota's Native American population; and

     WHEREAS,  a number of law enforcement practices and training activities, including data collection and the use of video cameras in law enforcement vehicles, have been proposed to address this issue; and

     WHEREAS,  many state and local law enforcement agencies across the nation have begun using video cameras in law enforcement motor vehicles to record the activities taking place at traffic stops; and

     WHEREAS,  these cameras, which provide a clear record of each traffic stop, have been found to be helpful in collecting evidence and in serving as an alternative to manual data collection; and
     WHEREAS,  these cameras serve both as a benefit to law enforcement agencies and to the traveling public; and

     WHEREAS,  the South Dakota Highway Patrol and some county and municipal law enforcement agencies in the state have begun to equip law enforcement vehicles with video cameras:

     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 video cameras in law enforcement vehicles be recognized as a valuable law enforcement tool which offers a valuable means of protection to the traveling public and that the South Dakota Highway Patrol and local law enforcement agencies are hereby encouraged to continue to equip law enforcement vehicles with video cameras and to use these cameras at all traffic stops.

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

     HCR 1016   Introduced by:  Representatives Van Norman, Abdallah, Adelstein, Bartling, Bradford, Burg, Davis, Elliott, Glenski, Hanson (Gary), Hargens, Hennies (Don), Hennies (Thomas), Hundstad, Klaudt, Kloucek, Kooistra, Lange, McCoy, Nesselhuf, Peterson (Jim), Sigdestad, Valandra, and Van Gerpen and Senators Volesky, Bogue, Brown (Arnold), de Hueck, Hagen, Koetzle, Olson (Ed), Putnam, and Staggers

         A CONCURRENT RESOLUTION,  Encouraging local law enforcement agencies to adopt community policing practices.

     WHEREAS,  traditional policing concepts in some communities of the state have tended to isolate law enforcement officers from the communities they serve; and

     WHEREAS,  this isolation has led to distrust of law enforcement officers by many citizens of those communities and in some situations has led to allegations of racial profiling; and

     WHEREAS,  to counter this climate of distrust, many local law enforcement agencies across the country have adopted community policing practices to bring local law enforcement officers closer to the citizens of the community; and

     WHEREAS,  under these community policing practices, neighborhood meetings between law enforcement officers and community citizens to discuss law enforcement practices, complaints, and concerns, have lead to increased communication and trust between law enforcement officers and community citizens; and

     WHEREAS,  community policing recognizes the value of bringing community citizens back into the policing process:

     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 those counties and municipalities that have adopted community policing practices be applauded for

their efforts and that other counties and municipalities of the state be hereby encouraged to adopt community policing practices.

     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.

     Rep. Lange moved that SCR 5 as found on page 303 of the Senate Journal be concurred in.

     The question being on Rep. Lange's motion that SCR 5 be concurred in.

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

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

     Excused:
Fryslie; Holbeck; Valandra

     Absent:
Duniphan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 5 was concurred in.

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

     Rep. Pummel moved that SCR 6 as found on page 303 of the Senate Journal be concurred in.

     The question being on Rep. Pummel's motion that SCR 6 be concurred in.

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

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

     Excused:
Fryslie; Holbeck; Valandra

     Absent:
Duniphan

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in.

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

     Rep. Bartling moved that SCR 7 as found on page 304 of the Senate Journal be concurred in.

     The question being on Rep. Bartling's motion that SCR 7 be concurred in.

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duniphan; Fryslie; Holbeck; McCaulley; Peterson (Bill); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 7 was concurred in.

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

     Rep. Gordon Pederson moved that SCR 8 as found on page 305 of the Senate Journal be concurred in.

     The question being on Rep. Gordon Pederson's motion that SCR 8 be concurred in.

     And the roll being called:

     Yeas 63, Nays 0, Excused 6, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duniphan; Fryslie; Holbeck; McCaulley; Peterson (Bill); Valandra

     Absent:
Davis

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

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

     Rep. Monroe moved that SCR 9 as found on page 305 of the Senate Journal be concurred in.

     The question being on Rep. Monroe's motion that SCR 9 be concurred in.


     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duniphan; Fryslie; McCaulley; Peterson (Bill); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 9 was concurred in.

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

     Rep. Burg moved that SCR 10 as found on page 306 of the Senate Journal be concurred in.

     The question being on Rep. Burg's motion that SCR 10 be concurred in.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duniphan; Fryslie; McCaulley; Peterson (Bill); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 10 was concurred in.

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

     Rep. Teupel moved that SCR 11 as found on page 307 of the Senate Journal be concurred in.

     The question being on Rep. Teupel's motion that SCR 11 be concurred in.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; 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 (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duniphan; Fryslie; McCaulley; Peterson (Bill); Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 11 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on HB 1220 as found on pages 427 and 428 of the House Journal ; also

     Judiciary on HB 1283 as found on page 428 of the House Journal ; also

     Judiciary on HB 1300 as found on pages 428 and 429 of the House Journal ; also

     State Affairs on HB 1136 as found on page 429 of the House Journal ; also

     Transportation on HB 1133 as found on pages 446 and 447 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Heineman moved that HB 1297 which was reported out of committee without recommendation be placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     The question being on Rep. Heineman's motion that HB 1297 be placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     And the roll being called:

     Yeas 33, Nays 33, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Begalka; Bradford; Broderick; Brown (Jarvis); Derby; Elliott; Garnos; Gillespie; Heineman; Hennies (Don); Hennies (Thomas); Hunhoff; Jaspers; Juhnke; Kloucek; Konold; Madsen; Michels; Monroe; Murschel; Nesselhuf; Peterson (Bill); Pummel; Richter; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Bartling; Brown (Richard); Burg; Clark; Davis; Duenwald; Flowers; Frost; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Holbeck; Hundstad; Jensen; Klaudt; Koistinen; Kooistra; Lange; Lintz; McCoy; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Rhoden; Sigdestad; Slaughter; Sutton (Duane); Van Norman; Wick

     Excused:
Duniphan; Fryslie; McCaulley; Valandra

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

     Rep. Murschel moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1119 as found on page 429 of the House Journal and that the bill be placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     The question being on Rep. Murschel's motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1119 and that the bill be placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     And the roll being called:

     Yeas 43, Nays 23, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Klaudt; Kloucek; Kooistra; Lange; McCoy; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Van Norman

     Nays:
Derby; Duenwald; Frost; Hansen (Tom); Jaspers; Jensen; Juhnke; Koistinen; Konold; Lintz; Madsen; Monroe; Pederson (Gordon); Peterson (Bill); Richter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Duniphan; Fryslie; McCaulley; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the word "not" was stricken, and HB 1119 was placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     Rep. Tom Hennies moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1113 as found on pages 430 and 431 of the House Journal and that the bill be placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     The question being on Rep. Tom Hennies' motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1113 and that the bill be placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

     And the roll being called:

     Yeas 37, Nays 30, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Davis; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Kloucek; Kooistra; Lange; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sigdestad; Slaughter; Van Etten; Van Gerpen; Van Norman

     Nays:
Abdallah; Brown (Jarvis); Clark; Derby; Duenwald; Duniphan; Frost; Hansen (Tom); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; Michels; Monroe; Napoli; Pederson (Gordon); Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Wick; Speaker Eccarius

     Excused:
Fryslie; McCaulley; Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the word "not" was stricken, and HB 1113 was placed on the calendar of Wednesday, February 6th, the 22nd legislative day.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1237:   FOR AN ACT ENTITLED, An Act to   amend the General Appropriations Act for fiscal year 2002.

     Was read the second time.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

     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); 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; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Fryslie; McCaulley; Valandra

     Absent:
Hennies (Thomas)

     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 1166:   FOR AN ACT ENTITLED, An Act to   provide for a master teacher program and to make an appropriation therefor.

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

     Rep. Bill Peterson moved that HB 1166 be deferred to Wednesday, February 6th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1171:   FOR AN ACT ENTITLED, An Act to   adjust the salary schedule for the office of state's attorney.

     Was read the second time.

1171fb

     Rep. Hargens moved that HB 1171 be amended as follows:

     On page 3, after line 20 of the printed bill, insert:

"      Section 5. Notwithstanding the provisions of §  7-7-12, in any county of less than two thousand one hundred population the board of county commissioners may designate that the state's attorney position not be elected at the next election. The decision by the board of county commissioners shall be adopted prior to the first day of January in the year of the election and may not be amended for that term of office. The board of county commissioners shall contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners.".


     Which motion lost.

1171fa

     Rep. Hargens moved that HB 1171 be amended as follows:

     On page 2, line 3 of the printed bill, delete " Below 5,000 " and insert " 2,500 - 4,999 ".

     On page 3 , line 6, delete " Below 5,000 " and insert " 2,500 - 4,999 ".

     Which motion lost.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1171 pass?"

     And the roll being called:

     Yeas 40, Nays 27, Excused 3, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; Flowers; Glenski; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Konold; Lange; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Norman; Wick

     Nays:
Adelstein; Begalka; Derby; Duenwald; Frost; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Klaudt; Koistinen; Kooistra; Lintz; McCaulley; McCoy; Michels; Monroe; Napoli; Peterson (Jim); Rhoden; Richter; Sebert; Teupel; Van Gerpen; Speaker Eccarius

     Excused:
Fryslie; Madsen; Valandra

     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 1004:   FOR AN ACT ENTITLED, An Act to   provide for a refund of tuition for certain teachers.

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

     Rep. Wick moved that HB 1004 be deferred to Wednesday, February 6th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     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. Bill Peterson moved that HB 1073 be laid on the table.

     The question being on Rep. Bill Peterson's motion that HB 1073 be laid on the table.

     And the roll being called:

     Yeas 62, Nays 5, Excused 2, Absent 1

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

     Nays:
Bartling; Davis; Elliott; Hennies (Thomas); Kloucek

     Excused:
Fryslie; Valandra

     Absent:
Jaspers

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1073 was laid on the table.

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

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

     Rep. Bill Peterson moved that HB 1085 be deferred to Wednesday, February 6th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

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

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

1281jb
     Rep. Derby moved that HB 1281 be amended as follows:

     On page 1, line 6 of the House Commerce Committee engrossed bill, overstrike " except a policy of homeowner's insurance, " .

     On page 1 , line 10, after " 58-11-45 " insert " or to a policy of homeowner's insurance. This section also does not apply to any other personal lines policy. A notice of refusal to renew any

other personal lines policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date ".


     Which motion prevailed and HB 1281 was so amended.

     The question being "Shall HB 1281 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); 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; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Van Norman

     Excused:
Fryslie; Valandra

     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.

     HB 1229:   FOR AN ACT ENTITLED, An Act to   conduct a pilot study on agricultural income value, to appropriate money for a pilot study, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1229 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 7, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; 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; Koistinen; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Clark; Derby; Kloucek; Kooistra; Murschel; Richter

     Excused:
Fryslie; Valandra

     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 1120:   FOR AN ACT ENTITLED, An Act to   appropriate money to the South Dakota Horsemen's Association and to declare an emergency.

     Was read the second time.

     Rep. Duane Sutton moved that HB 1120 be deferred to Wednesday, February 6th, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1289:   FOR AN ACT ENTITLED, An Act to   establish certain requirements that must be met before the Department of Social Services may require prior authorization for prescription drugs provided to certain individuals.

     Was read the second time.

     The question being "Shall HB 1289 pass?"

     And the roll being called:

     Yeas 51, Nays 16, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Elliott; Flowers; Frost; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Broderick; Burg; Duenwald; Duniphan; Juhnke; Klaudt; Madsen; McCaulley; Michels; Monroe; Napoli; Peterson (Bill); Pummel; Richter; Sutton (Duane); Speaker Eccarius

     Excused:
Fryslie; Valandra

     Absent:
Jaspers

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 90:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

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

     SB 91:   FOR AN ACT ENTITLED, An Act to   provide for DNA testing for certain inmates.

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

     SB 109:   FOR AN ACT ENTITLED, An Act to   exempt certain insurers and intermediaries from mortgage lending licensing.

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

     SB 110:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of vehicle dealers.

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

     SB 120:   FOR AN ACT ENTITLED, An Act to   authorize additional off-sale retail liquor licenses in certain first class municipalities.

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

     SB 183:   FOR AN ACT ENTITLED, An Act to   prohibit misleading unsolicited commercial e-mails.

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

     SB 184:   FOR AN ACT ENTITLED, An Act to   protect the children of South Dakota against sexual exploitation by criminalizing certain conduct involving children and the internet, to provide for civil remedies, to require certain people to report suspected violations, and to revise certain provisions regarding the unlawful use of computers.

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

     SB 186:   FOR AN ACT ENTITLED, An Act to   appropriate funds from the water and environment fund and the environment and natural resources fee fund and to declare an emergency.

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

     SJR 3:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election, an amendment to Article VIII of the Constitution of the State of South Dakota, relating to scholarships for students attending certain universities, colleges, and technical schools located in the state.

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

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 51 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1272 and returns the same with the recommendation that said bill be amended as follows:

1272ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. Terms used in this Act mean:

             (1)    "Winery," any entity that produces table, sparkling, or sacramental wines from grapes, grape juice, other fruit bases, or honey;

             (2)    "Table, sparkling, and sacramental wine," any beverage made without rectification or fortification and containing not more than eighteen percent alcohol by volume and made by the fermentation of grapes, grape juice, other fruits, or honey.

     Section 2. The secretary of the Department of Revenue may issue a direct shipment wine license to the owner or operator of a winery located within the state and producing table wine, sparkling wine, or sacramental wine. Licenses may be issued and renewed for an annual fee of one hundred dollars, which is in lieu of all other license fees required by chapter 35-4. The fee shall be deposited in the general fund. Any person licensed pursuant to this Act shall also apply for and obtain a license pursuant to chapter 10-45.

     Section 3. A winery licensed pursuant to section 2 of this Act and located in a state that affords South Dakota wineries an equal reciprocal shipping privilege, or a winery located in South Dakota, may ship, for personal use and not for resale, not more than two cases of wine, containing a maximum of nine liters per case, in any calendar year to any resident of South Dakota age twenty-one or over. A winery licensed in South Dakota may ship, for personal use and not for resale, not more than two cases of wine, containing a maximum of nine liters per case, in any calendar year to any resident age twenty-one or over of any state that allows its residents to receive wine sent from outside that state.

     Section 4. The shipping container of any wine that is sent into or within this state pursuant to section 2 of this Act shall be clearly labeled to indicate that the package contains alcohol and may not be delivered to a minor or to a person who is visibly intoxicated. The shipper shall record on the delivery record the name, address, and date of birth of the person to whom the shipment is delivered from valid identification presented by the person. This section applies only to shipments from states that provide substantial statutory reciprocity.

     Section 5. No person may advertise shipments authorized under section 2 of this Act by television, radio, or print media. No shipper located outside South Dakota may advertise such interstate reciprocal wine shipments in South Dakota. Nothing in this Act impairs the distribution of wine through distributors or importing distributors.

     Section 6. There is hereby levied on all table and sparkling wines sold by a winery in this state, an excise tax imposed at the same rates and collected and administered in the same manner as the tax imposed on wine in chapter 35-5. Sacramental wines are exempt from the tax

imposed by this section. The excise tax on wines established in this section shall be paid to the secretary of the Department of Revenue on or before the fifteenth day of the month following the month in which the first sale is made in this state by a winery holding a direct shipment wine license and shall be deposited in the general fund. The licensee shall file with the secretary a return in the form prescribed by the secretary, and shall keep records and render reports required by the secretary in rules promulgated pursuant to chapter 1-26.

     Section 7. Every person subject to tax under this Act shall keep records and books of all receipts and sales, together with invoices, bills of lading, copies of bills of sale, and other pertinent papers and documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue, or duly authorized agents and employees of the secretary to determine the amount of tax due. Such books and records shall be preserved for a period of three years unless the secretary of revenue, in writing, authorized their destruction or disposal at an earlier date.

     Section 8. Notwithstanding the provisions of §  35-4-47 or 35-4-60, a winery holding a direct shipment wine license pursuant to this Act may sell the wine produced under the license to wholesalers and retailers licensed pursuant to subdivisions 35-4-2(2), (3), (4), (5), (6), (9), (11), (12), (13), and (18).

     Section 9. The secretary may revoke the license of any person who is the holder of a direct shipment wine license issued pursuant to this Act and who has failed to file a return, or who has filed a return and has failed to pay the tax due the state as required by section 6 of this Act.

     Section 10. The secretary of the Department of Revenue shall promulgate rules pursuant to chapter 1-26 establishing the criteria and procedures for obtaining a direct shipment wine license and procedures for collecting the excise taxes pertaining to a winery under this Act.

     Section 11. The licensee shall register labels for each type or brand produced with the secretary of the Department of Revenue, in the same manner and at the same rate as prescribed for wine in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the secretary shall reject the registration of the label.

     Section 12. That § 10-59-1 be amended to read as follows:

     10-59-1.   The provisions of this chapter apply to any taxes or fees or persons subject to taxes or fees imposed by chapters 10-39, 10-39A, 10-39B, 10-43, 10-45, 10-46, 10-46A, 10-46B, 10-47B, 10-52, 32-3, 32-3A, 32-5, 32-5B, 32-6B, 32-9, 32-10, and 34A-13 and § §   22-25-48, 49-31-51, 50-4-13 to 50-4-17, inclusive, and the provisions of chapter 10-45B and this Act .

     Section 13. Any person who, in violation of the provisions of this Act, sells, ships, or distributes or attempts to sell, ship, or distribute wine without a license; sells or purchases, or attempts to sell or purchase, an amount of wine in excess of the limits imposed by this Act; intentionally mislabels any wine or wine shipment; engages in advertising practices prohibited by this Act; or fails to pay or fails to file a return for any tax established in this Act is guilty of a Class 1 misdemeanor.

     Section 14. Any person who sells, ships, or delivers wine under this Act to any person who is less than twenty-one years of age is guilty of a Class 1 misdemeanor. Placing or attempting to place an order for wine under this Act by a person less than twenty-one years of age is deemed to be an attempt by the person to purchase an alcoholic beverage and is subject to the provisions of §  35-9-2. All other laws related to the sale, purchase, possession, and consumption of alcoholic beverages as they pertain to persons less than twenty-one years of age apply to the provisions of this Act.

     Section 15. Nothing in this Act authorizes the sale or delivery of wine within the boundaries of any government entity that has otherwise lawfully prohibited the purchase of alcoholic beverages within its borders."


1272tta
     On page 1, line 1 of the printed bill, after " shipments " insert ", to levy an excise tax, and to establish certain penalties".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

50jb
     On page 35 of the Senate Commerce Committee engrossed bill, delete lines 22 to 24 , inclusive.

     On page 36 , delete lines 1 to 18 , inclusive.

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1274 and tabled the same.

Also MR. SPEAKER:

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

Respectfully submitted,
Claire B. Konold, Chair

 Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1255 and SB 9 and 13 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 Local Government respectfully reports that it has had under consideration HB 1211 and returns the same with the recommendation that said bill be amended as follows:

1211oa
     On page 1, line 15 of the printed bill, after " 32-5B, " insert “32-6B,".

     On page 1 , after line 15, insert:

"

     Section 4. That § 32-27-1.1 be amended to read as follows:

     32-27-1.1.   The term, pedestrian, when used in this chapter means any person moving or traveling on foot, including any person wearing roller skates or , riding on a skateboard , or riding on an electric personal assistive device .".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1216 and returns the same with the recommendation that said bill be amended as follows:

1216oa
     On page 1, line 5 of the printed bill, delete the second " or " and insert " and ".

     On page 1 , line 7, delete the second " or " and insert " and ".

     On page 1 , line 9, delete " or " and insert " and ".

     On page 1 , line 12, delete the second " or " and insert " and ".

     On page 1 , line 14, delete the second " or " and insert " and ".

     On page 2 , line 2, overstrike " or " and insert " and ".

     On page 2 , line 18, delete " or " and insert " and ".
     On page 3 , line 1, delete " or " and insert " and ".

     On page 3 , after line 3, insert:

"      Section 5. For the purposes of this Act, if an electronic signature is required or the term, signed, is used in connection with an electronic transmission, the term means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.".


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

Respectfully submitted,
J.P. Duniphan, Chair

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 15 and 42 be deferred to Wednesday, February 6th, the 22nd 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 1016, 1104, 1125, 1132, 1139, and 1203 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1015, 1115, and 1185 were delivered to his Excellency, the Governor, for his approval at 3:00 p.m., February 5, 2002.

Respectfully submitted,
Scott Eccarius, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1016: FOR AN ACT ENTITLED, An Act to  eliminate filing and service fees regarding protection orders for domestic abuse and stalking.

     HB 1104: FOR AN ACT ENTITLED, An Act to  prohibit the filing of false financing statements.

     HB 1125: FOR AN ACT ENTITLED, An Act to  adjust the salary schedule for county sheriffs.

     HB 1132: FOR AN ACT ENTITLED, An Act to  establish a Children's Mental Health Task Force.

     HB 1139: FOR AN ACT ENTITLED, An Act to  specify the elements of the crime of aggravated indecent exposure and to provide a penalty therefor.

     HB 1203: FOR AN ACT ENTITLED, An Act to  revise the procedure for foreclosure by advertisement.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1009   Introduced by:  Representatives Hundstad, Hanson (Gary), Sigdestad, and Sutton (Duane) and Senators Symens and Dennert

         A LEGISLATIVE COMMEMORATION,  Honoring the 2001 Britton Braves High School football team, coaches, and staff.

     WHEREAS,  the 2001 Britton Braves High School football team won the 11-B State High School Football Championship with an 10-2 record through outstanding character, dedication, and perseverance; and

     WHEREAS,  head coach Dan Olson, assistant coaches Chris Rothe and Pat Renner, and their staff provided excellent leadership and support to the members of the team, achieving the first- ever State Football Championship in Britton High School's history; and

     WHEREAS,  the students of the 2001 Britton Braves football team showed enormous pride and great leadership on and off the field, and nine members of the Britton Braves were named to the All-State Football Team:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the 2001 Britton Braves High School football team, coaches, and staff be recognized for their excellence in athletics for the 2001-2002 school year.

     Rep. Broderick moved that the House do now adjourn, which motion prevailed and at the House adjourned.

Karen Gerdes, Chief Clerk