House Journal 02/06/2002 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SEVENTH SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 6, 2002

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

The prayer was offered by the Chaplain, Father Hal Barber, followed by the Pledge of Allegiance led by House page Jennifer Kloucek.

Roll Call: All members present except Reps. Jarvis Brown, Duenwald, and Jim Peterson who were excused.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-first 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 5, 2002

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1011, 1014, 1017, and 1106, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1184 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 15 to 18 , inclusive, and insert:

"excess levy pursuant to § 10-12-43 before July 1, 2002 , the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. If the district imposes an excess levy pursuant to § 10-12-43 on or after July 1, 2002, the excess levy shall be made in proportion to the taxable valuation without regard to the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " 2003 " and insert "2004".

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

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1096, 1101, 1105, 1154, and 1213 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 45 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 Health and Human Services respectfully reports that it has had under consideration HCR 1005 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1298 and tabled the same.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1205 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 5-17-4 be amended to read as follows:

5-17-4. The compensation of the members of the State Cement Plant Commission ~~, other than the secretary-treasurer,~~ shall be payable ~~monthly~~ quarterly , with their actual and necessary expenses to be paid in the same manner as other expenditures out of the cement plant fund, upon presentation of itemized, verified vouchers. ~~It is further provided that the~~ The State Cement Plant Commission shall meet at ~~least once each month~~ the call of the chair or at the call of a majority of the members of the commission . "

On page 1, line 1 of the printed bill, delete " require periodic reports by " and insert "revise certain provisions regarding the compensation and the meetings 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 1168 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 1 of the printed bill, before " legislative " insert “the”.

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

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1128 and 1227 and HCR 1010 and HJR 1003 and 1004 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1111 and 1197 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1124 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. There is hereby established an education enhancement program within the Department of Education and Cultural Affairs. The education enhancement program shall distribute money to school districts to be used to reward teachers who have demonstrated their excellence in the teaching profession.

Section 2. Any money appropriated to the Department of Education and Cultural Affairs for education enhancement shall be distributed to school districts as provided by this Act.

Section 3. If a school district meets the criteria established by this Act, the Department of Education and Cultural Affairs shall allocate money which may be appropriated for education enhancement to each school district based on the school district's pro rata share of statewide average daily membership.

Section 4. Criteria established by the Department of Education and Cultural Affairs for school districts to receive money appropriated for education enhancement include but are not limited to:

(1) A school district may not reward more than forty percent of its teachers, in any school year, with money it receives for education enhancement;

(2) A school district may not reduce or offset the salary of a teacher with money received for the purpose of education enhancement;

(3) A school district shall develop a plan to reward teachers with money received for the purpose of education enhancement; and

(4) The plan to reward teachers with money received for the purpose of education enhancement shall be developed with the advice and counsel of members of the community, administration, and teachers.

Section 5. The Department of Education and Cultural Affairs shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this Act."

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 1191 and returns the same with the recommendation that said bill be amended as follows:

On page 2, after line 1 of the printed bill, insert:

" Section 6. On July 1, 2002, or as soon thereafter as funds are available, the state treasurer shall transfer one million dollars ($1,000,000) in earned income from the health care trust fund to the general fund.".

On page 1, line 4 of the printed bill, delete " two million five " and insert "one million dollars ($1,000,000)".

On page 1 , line 5, delete " hundred thousand dollars ($2,500,000) " .

On page 1 , line 7, delete " five million dollars ($5,000,000) " and insert "two million dollars ($2,000,000)".

On page 1, line 2 of the printed bill, after " facilities " insert "and to define the distribution from the health care trust fund".

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 1296 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, delete " three million forty-five thousand " and insert "one million one hundred twenty-two thousand four hundred forty-seven dollars ($1,122,447),".

On page 1 , line 6, delete " seven hundred eighty dollars ($3,045,780), " .

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 1108, 1242, 1270, and 1277 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Mitch Richter, Chair

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1036 and 1241 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1012 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 14, 29, 108, 130, 133, 136, 140, 142, 182, and 185 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Gillespie moved that the Committee on Judiciary be instructed to deliver HB 1253 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Duane Sutton moved that the Committee on State Affairs be instructed to deliver HJR 1003 to the floor of the House, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Rep. Bill Peterson moved that HCR 1014, 1015, and 1016 be deferred to Friday, February 8^th, the 24^th legislative day.

Which motion prevailed and the resolutions were so deferred.

HCR 1017 Introduced by: Representative Olson (Mel)

A CONCURRENT RESOLUTION, Requesting the South Dakota Investment Council to explore investing limited state resources in South Dakota venture capital.

WHEREAS, the State of South Dakota has the work force, the quality of life, and the entrepreneurial spirit to succeed; and

WHEREAS, our universities have tremendous educators and brilliant students with innovative ideas; and

WHEREAS, agriculture producers across the state are increasingly proficient and strongly believe they can become low-cost producers; and

WHEREAS, South Dakota has no statewide mechanism to foster innovation and commercialize good ideas:

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 the South Dakota Investment Council explore investing a portion of the Education Enhancement Trust Fund, the Healthcare Trust Fund, and the Cement Plant Trust Fund in South Dakota venture capital.

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

HCR 1018 Introduced by: Representatives Teupel, Duenwald, Hennies (Thomas), Juhnke, Lintz, McCoy, Napoli, Peterson (Bill), and Rhoden and Senators Apa, Bogue, Greenfield, McCracken, and Vitter

A CONCURRENT RESOLUTION, Expressing the sense of the South Dakota State Legislature about management of the Black Hills National Forest.

WHEREAS, catastrophic wildfires not only cause environmental damage to forests and other lands but place the lives of firefighters at risk and pose threats to human health, personal property, sustainable ecosystems, wildlife habitat, air quality, and water quality; and

WHEREAS, the seriousness of the fire risk in the national forests has been well documented by both the General Accounting Office and the United States Forest Service; and

WHEREAS, research and experience have shown that forest management, including thinning, forest restoration, grazing, measures to control insects and disease, and small-scale prescribed burning, can be an effective long-term strategy for reducing the risk of catastrophic wildfires and insect epidemics, especially in ponderosa pine forests, such as the Black Hills National Forest; and

WHEREAS, the mountain pine beetle epidemic now occurring in the Black Hills National Forest has already increased the risk of forest fires in the Black Hills, possibly endangering the lives and property of the citizens of South Dakota; and

WHEREAS, the national forests are the property of all the residents of the United States, but the residents who live the closest to the national forests are the ones who will be the most impacted by decisions about how to manage those national forests; and

WHEREAS, since the inception of the National Forest System, its supporters have recognized the importance of the support of local residents; and

WHEREAS, local governments and residents of South Dakota now find themselves extremely frustrated at the failure of the Forest Service to deal proactively with the mountain pine beetle epidemic in the Black Hills, and especially with the Forest Service's inclination to base decisions more on directives and policies from Washington, D.C., than on the management

needs of the Black Hills National Forest or the concerns and issues of local communities and governments in South Dakota; and

WHEREAS, a measure of this frustration has been the overwhelming support for the concepts embodied in House Bill 1236, which was introduced during the 2002 Session of the South Dakota Legislature:

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, in the interest of protecting the health and integrity of United States forests, wildlife habitats, watersheds, air quality, human health and safety, and private property, the United States should redefine its working relationship with state and local governments, communities, and residents of South Dakota to ensure that the people who will be the most affected by United States Forest Service decisions will receive the highest level of consideration in those decisions; and

BE IT FURTHER RESOLVED, that the United States Forest Service should:

(1) Fully implement the Western Governors Association "Collaborative 10-year Strategy for Reducing Wildland Fire Risks to Communities and the Environment" to reduce overabundance of forest fuels that place these resources at high risk of catastrophic wildfire; and

(2) Utilize an appropriate mix of fire-prevention activities and management practices including forest restoration, thinning of at-risk forest stands, grazing, selective tree removal and other measures to control insects and pathogens, removal of excessive ground fuels, and small-scale prescribed burns; and

BE IT FURTHER RESOLVED, that the secretary of state is hereby authorized and directed to forward a copy of this Resolution to the Honorable President of the United States, George W. Bush, the Secretary of Agriculture, the United States Forest Service, the President of the Senate and the Speaker of the House of Representatives of the United States Congress, and the Congressional Delegation representing the State of South Dakota in the Congress of the United States.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1254 as found on pages 450 and 451 of the House Journal ; also

Taxation on HB 1059 as found on page 451 of the House Journal ; also

State Affairs on HB 1294 as found on pages 452 to 454 of the House Journal ; also

State Affairs on HB 1302 as found on pages 454 and 455 of the House Journal ; also

State Affairs on HB 1303 as found on pages 455 and 456 of the House Journal ; also

State Affairs on HB 1304 as found on pages 456 to 458 of the House Journal ; also

State Affairs on HB 1305 as found on pages 458 and 459 of the House Journal ; also

Appropriations on HB 1092 as found on page 459 of the House Journal ; also

Commerce on HB 1272 as found on pages 479 to 481 of the House Journal ; also

Local Government on HB 1211 as found on page 482 of the House Journal ; also

Local Government on HB 1216 as found on pages 482 and 483 of the House Journal ; also

Commerce on SB 50 as found on page 481 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1300: FOR AN ACT ENTITLED, An Act to clarify the state's sovereign immunity in the courts of other jurisdictions.

Was read the second time.

The question being "Shall HB 1300 pass as amended?"

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

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

Excused:
Brown (Jarvis); Duenwald; Peterson (Jim)

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.

Rep. Richter now presiding.

HB 1255: FOR AN ACT ENTITLED, An Act to provide that the provisions limiting the number of retail alcohol licenses that may be issued to one person do not apply to certain additional convention facility on-sale licenses.

Was read the second time.

The question being "Shall HB 1255 pass?"

And the roll being called:

Yeas 65, Nays 2, Excused 3, Absent 0

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

Nays:
Smidt; Speaker Eccarius

Excused:
Brown (Jarvis); Duenwald; Peterson (Jim)

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.

Rep. Bill Peterson moved that SB 51, 9, and 13 be deferred to Friday, February 8^th, the 24^th legislative day.

Which motion prevailed and the bills were so deferred.

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. Holbeck moved that HB 1166 be deferred to Thursday, February 7^th, the 23^rd legislative day.

Which motion prevailed and the bill was so deferred.

Rep. Bill Peterson moved that HB 1004 and 1085 be deferred to Thursday, February 7^th, the 23^rd legislative day.

Which motion prevailed and the bills were so deferred.

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

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

Rep. Duane Sutton moved that HB 1120 be amended as follows:

On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. The Commission on Gaming shall transfer one hundred twenty-five thousand dollars from the special racing revolving fund and one hundred twenty-five thousand dollars from the South Dakota-bred racing fund to the Department of Social Services to provide grants to qualifying contractors according to the provisions of § § 25-10-26 to 25-10-33, inclusive.

Section 2. There is hereby appropriated the sum of two hundred fifty thousand dollars ($250,000), of other fund expenditure authority, or so much thereof as may be necessary, to the Department of Social Services for the expenditure of funds provided in section 1 of this Act. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 1 of this Act.

Section 3. The Commission on Gaming shall transfer four hundred fifty thousand dollars ($450,000) from the special racing revolving fund and four hundred fifty thousand dollars ($450,000) from the South Dakota-bred racing fund to the State Fair.

Section 4. There is hereby appropriated the sum of nine hundred thousand dollars ($900,000), of other fund expenditure authority, or so much thereof as may be necessary, to the State Fair for the expenditure of funds provided in section 3 of this Act. The secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this Act.".

Which motion prevailed and HB 1120 was so amended.

The question being "Shall HB 1120 pass as amended?"

And the roll being called:

Yeas 64, Nays 2, Excused 4, Absent 0

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

Nays:
Michels; Speaker Eccarius

Excused:
Adelstein; Brown (Jarvis); Duenwald; Peterson (Jim)

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

The question being on the title.

Rep. Duane Sutton moved that the title to HB 1120 be amended as follows:

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "appropriate funds from the special racing revolving fund and the South Dakota-bred racing fund.".

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

HB 1220 : FOR AN ACT ENTITLED, An Act to allow certain third parties to intervene in a custody dispute of a child.

Was read the second time.

Rep. Murschel moved that HB 1220 be amended as follows:

On the House Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. Upon motion, a court may allow a person other than a parent to intervene in an action involving child custody. In any matter involving child custody, the court may, in its discretion, appoint a guardian ad litem or legal counsel to represent the child. The court may award full or partial custody, care, education, and visitation rights of the child to a person other than a parent.

Section 2. In determining any issue regarding custody of a child, the court shall be guided by the best interests of the child. The court may consider any preference expressed by the child if the court finds the child is of sufficient age and intelligence to express a knowing and voluntary preference. In any dispute involving child custody, a presumption favoring a parent may be rebutted by showing serious detriment to the child as evidenced by one or more of the following extraordinary circumstances:

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

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

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

(4) The abdication of parental responsibilities;

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

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

(7) The substantial enhancement of the child's well-being while under the care of the person other than the parent;

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

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

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

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

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

Which motion prevailed and HB 1220 was so amended.

The question being "Shall HB 1220 pass as amended?"

And the roll being called:

Yeas 61, Nays 5, Excused 3, Absent 1

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); 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); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

Nays:
Bradford; Hanson (Gary); Rhoden; Valandra; Van Norman

Excused:
Brown (Jarvis); Duenwald; Peterson (Jim)

Absent:
Van Gerpen

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

HB 1283: FOR AN ACT ENTITLED, An Act to establish the crime of physical abuse of an infant, to designate the offense as a crime of violence, and to provide certain penalties therefor.

Was read the second time.

The question being "Shall HB 1283 pass as amended?"

And the roll being called:

Yeas 63, Nays 0, Excused 3, Absent 4

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); 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); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Wick; Speaker Eccarius

Excused:
Brown (Jarvis); Duenwald; Peterson (Jim)

Absent:
Hanson (Gary); Sigdestad; Van Gerpen; Van Norman

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

HB 1136: FOR AN ACT ENTITLED, An Act to clarify the approval authority for local accounts of the state treasurer and state auditor.

Was read the second time.

The question being "Shall HB 1136 pass as amended?"

And the roll being called:

Yeas 46, Nays 20, Excused 3, Absent 1

Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Derby; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Sigdestad; Valandra; Speaker Eccarius

Excused:
Brown (Jarvis); Duenwald; Peterson (Jim)

Absent:
Van Norman

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

HB 1133: FOR AN ACT ENTITLED, An Act to revise certain requirements for displaying motor vehicles at events.

Was read the second time.

The question being "Shall HB 1133 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 4, Absent 1

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

Excused:
Brown (Jarvis); Duenwald; McCaulley; Peterson (Jim)

Absent:
Van Norman

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

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain eligibility restrictions relating to secondary school extracurricular activities.

Was read the second time.

Rep. Kooistra moved that HB 1119 be amended as follows:

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

" Section 1. That § 13-32-9 be amended to read as follows:

13-32-9. Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in chapter 22-42 is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education and Cultural Affairs for one year. Upon a subsequent adjudication, conviction, or suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity while that person is attending any school accredited by the Department of Education and Cultural Affairs. Upon such a determination in any juvenile proceeding the Unified Judicial System shall , within five days, give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is enrolled. Once the chief administrator of the school receives the notice, the suspension imposed by this section begins immediately. However, the person who has been adjudicated, convicted, or received a suspended imposition of sentence for possession, use, or distribution of a controlled substance or marijuana will receive credit for any time that person has already spent under a suspension from any extracurricular activity imposed by the school.

As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. "

Rep. Bill Peterson moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Kooistra's motion that HB 1119 be amended.

And the roll being called:

Yeas 9, Nays 57, Excused 4, Absent 0

Yeas:
Jaspers; Koistinen; Konold; Kooistra; Smidt; Solum; Van Gerpen; Wick; Speaker Eccarius

Nays:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman

Excused:
Brown (Jarvis); Derby; Duenwald; Peterson (Jim)

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

Rep. Hunhoff moved that HB 1119 be amended as follows:

On page 2, line 14 of the printed bill, after " notice " insert " within five days ".

Which motion prevailed and HB 1119 was so amended.

Rep. Bill Peterson moved the previous question.

Which motion prevailed.

The question being "Shall HB 1119 pass as amended?"

And the roll being called:

Yeas 48, Nays 18, Excused 4, Absent 0

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

Nays:
Duniphan; Frost; Hansen (Tom); Jaspers; Juhnke; Koistinen; Konold; Lintz; Madsen; Pederson (Gordon); Peterson (Bill); Richter; Smidt; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

Excused:
Brown (Jarvis); Derby; Duenwald; Peterson (Jim)

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

Speaker Pro tempore Michels now presiding.

HB 1113: FOR AN ACT ENTITLED, An Act to require the Department of Corrections to seek membership in the Performance-based Standards Project and to declare an emergency.

Was read the second time.

Rep. Thomas Hennies moved that HB 1113 be amended as follows:

On page 2 of the printed bill, delete lines 17 to 19 , inclusive.

Which motion prevailed and HB 1113 was so amended.

Rep. Bill Peterson moved the previous question.

Which motion prevailed.

The question being "Shall HB 1113 pass as amended?"

And the roll being called:

Yeas 35, Nays 31, Excused 4, Absent 0

Yeas:
Adelstein; Bartling; Bradford; Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Garnos; Gillespie; Glenski; Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Kloucek; Kooistra; Lange; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Sigdestad; Slaughter; Solum; Valandra; Van Etten; Van Norman

Nays:
Abdallah; Begalka; Broderick; Duniphan; Frost; Fryslie; Hansen (Tom); Hanson (Gary); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Rhoden; Richter; Sebert; Smidt; Sutton (Duane); Teupel; Van Gerpen; Wick; Speaker Eccarius

Excused:
Brown (Jarvis); Derby; Duenwald; Peterson (Jim)

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

Rep. Burg announced his intention to reconsider the vote by which HB 1113 was lost.

HB 1280: FOR AN ACT ENTITLED, An Act to revise the definition of a controlled group for sales tax purposes.

Was read the second time.

Rep. Richter moved that HB 1280 be deferred to Thursday, February 7^th, the 23^rd legislative day.

Which motion prevailed and the bill was so deferred.

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

REPORTS OF STANDING COMMITTEES

The Committee on Transportation respectfully reports that it has had under consideration HB 1121 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the printed bill, delete " and rear " .

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

" Section 1. That § 32-15-17 be amended to read as follows:

32-15-17. No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.

Exhaust systems on passenger or passenger-carrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle.

Exhaust systems on property-carrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passenger-carrying compartment.

No person may use a " muffler cut-out " on any motor vehicle upon a highway.

A violation of this section is a Class 2 misdemeanor. ".

On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise the requirements for the location of side exhaust on certain motor vehicles.".

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1291 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 15 of the printed bill, insert:

" Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

Any applicant for a set of license plates for a noncommercial motor vehicle may receive a set of license plates that do not give any indication on the license plates as to the county in which the license plates were issued by a number appearing on the plates or by any other means. To receive such a set of license plates, the applicant shall request the plates at the time of registering the noncommercial motor vehicle. The applicant shall pay a ten dollar fee in addition to the schedule of license fees and compensation for a noncommercial motor vehicle pursuant to chapter 32-5.

Section 3. Section 2 is effective on January 1, 2003.".

On page 1, line 2 of the printed bill, after " decal " insert "and to authorize the issuance of certain license plates without county identifiers".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1265 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 5 to 11 , inclusive, and insert:

Any vehicle being transported to or from the auction agency's place of business bearing a 99 license plate issued pursuant to section 1 of this Act may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the auction agency. The 99 license plate is transferable by the auction agency from one vehicle to another vehicle for transporting purposes. A violation of this section is a Class 2 misdemeanor.

Section 3. That § 32-6B-36.2 be repealed.

32-6B-36.2. Any vehicle that is in the possession of a dealer's car auction agency and that will be offered for sale may be driven upon the streets and highways of this state within a twenty mile radius of the car auction agency for travel to and from a service facility, such as a repair, body, or detail shop, if displaying an in-transit auction permit. The department shall prescribe the form for the in-transit auction permit. ".

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

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1282 which was deferred to the 36^th Legislative Day.

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

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1160 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That § 20-9-7 be amended to read as follows:

20-9-7. The rights of personal relation forbid:

(1) The abduction of a husband from his wife or of a parent from his child;

(2) The abduction or enticement of a wife from her husband, of a child from a parent, or from a guardian entitled to its custody;

(3) The seduction of a wife, daughter, or orphan sister ;

(4) The abduction or enticement of a husband from his wife, of a child from a parent, or from a guardian entitled to its custody;

(5) The seduction of a husband, brother, or orphan brother . "

On page 1, line 1 of the printed bill, delete " repeal " and insert "expand".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1084 and tabled the same.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1253 and 1293 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Matthew Michels, Vice Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003, which was reconsidered, and returns the same with the recommendation that said resolution be amended as follows:

On page 2, line 4 of the printed resolution, delete " purposes " and insert " purpose ".

And that as so amended said resolution do not pass.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Matthew Michels, Vice Chair

Speaker Eccarius now presiding.

MOTIONS AND RESOLUTIONS

Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 7^th, the 23^rd legislative day.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 14: FOR AN ACT ENTITLED, An Act to revise certain requirements and responsibilities of the administrator of the Human Services Center.

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

SB 29: FOR AN ACT ENTITLED, An Act to revise certain fees for special inspections and examination of certain weighing and measuring devices and certain standards and testing equipment.

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

SB 108: FOR AN ACT ENTITLED, An Act to require the acceptance of certain uniform life insurance and annuity request forms.

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

SB 130: FOR AN ACT ENTITLED, An Act to provide for the implementation of certain prairie dog management plans or activities with legislative approval.

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

SB 133: FOR AN ACT ENTITLED, An Act to revise the distribution of revenue from the petroleum release compensation and tank inspection fee.

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

SB 136: FOR AN ACT ENTITLED, An Act to allow state chartered banks to expand their investment options to include certain annuities.

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

SB 140: FOR AN ACT ENTITLED, An Act to revise certain provisions governing trusts.

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

SB 142: FOR AN ACT ENTITLED, An Act to allow certain trusts to be shareholders in certain professional organizations.

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

SB 182: FOR AN ACT ENTITLED, An Act to revise the procedures for opting out of the property tax freeze.

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

SB 185: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Bill Peterson moved that SB 15 and 42 be deferred to Friday, February 8^th, the 24^th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1036 and 1241 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1016, 1104, 1125, 1132, 1139, and 1203 were delivered to his Excellency, the Governor, for his approval at 2:45 p.m., February 6, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

HB 1241: FOR AN ACT ENTITLED, An Act to provide a time limit for filing an application for county welfare assistance for hospital expenses by or on behalf of a medically indigent person.

And signed the same in the presence of the House.

Rep. Begalka moved that the House do now adjourn, which motion prevailed and at 4:38 p.m. the House adjourned.

Karen Gerdes, Chief Clerk