JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 7, 2002

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Pastor Craig Petrick, followed by the Pledge of Allegiance led by House page Katie Tjarks.

     Roll Call: All members present except Rep. Duenwald who was 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 twenty-second 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.
HONORED GUESTS


     Rep. Burg introduced Kurt Evans, son of singer and songwriter Kyle Evans. Kyle is a member of the South Dakota Hall of Fame as well as the National Cowboy Hall of Fame. Governor Mickelson named him the "Centennial Troubador" during the state's centennial. A Governor's Proclamation was read proclaiming February 7, 2002, as Kyle Evans Remembrance Day. Kyle Evans died on July 4, 2001.

COMMUNICATIONS AND PETITIONS


February 6, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1023, 1025, 1026, and 1045, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 34 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 SB 123 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

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

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 122 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jim Lintz, Vice Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 24 and 37 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 23, 25, 26, 27, 28, and 30 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 10, 11, 12, and 129 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 16 and 17 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 31 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1065 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1138 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1032, 1033, and 1131 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 83, 141, 149, 165, 166, 172, and 181 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that HCR 1005, 1017, and 1018 be deferred to Friday, February 8th, the 24th legislative day.

     Which motion prevailed and the resolutions were so deferred.

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

     Rep. Burg moved that the House do now reconsider the vote by which HB 1113 was lost.

     The question being on Rep. Burg's motion to reconsider the vote by which HB 1113 was lost.

     And the roll being called:

     Yeas 36, Nays 31, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Kloucek; Kooistra; Lange; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pummel; Sigdestad; Solum; Valandra; Van Etten; Van Norman

     Nays:
Abdallah; Broderick; Duniphan; Frost; Fryslie; Hansen (Tom); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Napoli; Pederson (Gordon); Pitts; Rhoden; Sebert; Slaughter; Smidt; Sutton (Duane); Teupel; Van Gerpen; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1113 was up for reconsideration and final passage.

     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.

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

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

     And the roll being called:

     Yeas 36, Nays 31, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Derby; 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; Sigdestad; Valandra; Van Etten; Van Norman

     Nays:
Abdallah; Broderick; Brown (Jarvis); Duniphan; Frost; Fryslie; Hansen (Tom); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Pederson (Gordon); Rhoden; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Gerpen; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

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

     The question being on the title.

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

     On page 1, line 2 of the House State Affairs Committee engrossed bill, delete " and to declare an emergency " .

     Which motion prevailed and the title was so amended.

     HCR 1019   Introduced by:  Representatives Kloucek, Bartling, Burg, Elliott, Hanson (Gary), and Nachtigal and Senators Hutmacher, Hagen, Symens, and Volesky

         A CONCURRENT RESOLUTION,  Requesting the enforcement of laws to protect livestock producers from unfair competition.

     WHEREAS,  the federal Packers and Stockyards Act was enacted to protect livestock producers from unfair competition and monopolistic practices; and

     WHEREAS,  all livestock producers, regardless of size, should have equal access to markets that do not discriminate against family-farm livestock producers; and

     WHEREAS,  an investigation by the United States General Accounting Office concluded that the Grain Inspection, Packers and Stockyards Administration which investigates anti- competitive behavior in the livestock industry, lacks the expertise and training to perform its duties:
     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 Legislature urges the United States Department of Agriculture to enforce existing laws and establish guidelines to protect all livestock producers from unfair competition, price discrimination, and monopolistic behavior and requests Congress to increase funding to the Grain Inspection, Packers and Stockyards Administration and to restore that agency's expertise and credibility required to administer its duties of ensuring fair competition.

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

     HCR 1020   Introduced by:  Representatives Holbeck, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Davis, Derby, Duenwald, Duniphan, Eccarius, Flowers, Frost, Fryslie, Garnos, Hansen (Tom), Hanson (Gary), Heineman, Hennies (Don), Hennies (Thomas), Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Koistinen, Kooistra, Lintz, Madsen, McCoy, Michels, Monroe, Murschel, Napoli, Olson (Mel), Pederson (Gordon), Peterson (Bill), Pummel, Rhoden, Sebert, Slaughter, Smidt, Teupel, Valandra, Van Etten, Van Gerpen, and Wick and Senators Olson (Ed), Albers, Apa, Bogue, Brown (Arnold), Cradduck, Dennert, Diedtrich (Elmer), Duxbury, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Madden, McIntyre, Moore, Munson, Reedy, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

         A CONCURRENT RESOLUTION,  Requesting a discussion of the problems existing between the State of South Dakota and the federal government on issues of state and federal powers and responsibilities.

     WHEREAS,  the State of South Dakota and other states are finding that the United States Congress has passed laws that increasingly infringe on powers that are reserved to the states under the tenth amendment to the Constitution of the United States; and

     WHEREAS,  the Congress of the United States continues to use federal funding mechanisms to force states to pass laws on issues that are clearly reserved to state authority; and

     WHEREAS,  laws dealing with such items as drinking age, blood alcohol content, removing commercial driving licenses for railroad crossing violations, billboard regulations, seatbelt laws, child safety seat laws, child support laws, and drug laws fall under the realm of states' lawmaking powers; and

     WHEREAS,  the federal government has tied federal funds to the requirement that the states enact such laws according to federal guidelines and regulations which usurps the legislative powers of the South Dakota Legislature; and

     WHEREAS,  conversely, the federal government has refused to address serious problems that lie within our state's borders but are under the jurisdiction of federal agencies; and

     WHEREAS,  in South Dakota these problems include pine beetle infestations and over populations of prairie dogs on federal lands within our state:

     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 Legislature recommends and requests South Dakota's Congressional Delegation, Senators Thomas Daschle and Tim Johnson and Representative John Thune, to meet with a delegation of the South Dakota Legislature during the summer of the year 2002 to determine what messages can be sent forth to Washington, D.C., to address these concerns within the United States Congress.

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

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 8th, the 24th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Education on HB 1199 as found on page 488 of the House Journal ; also

     Education on HB 1068 as found on pages 488 and 489 of the House Journal ; also

     State Affairs on HB 1137 as found on pages 489 and 490 of the House Journal ; also

     State Affairs on HB 1168 as found on page 490 of the House Journal ; also

     Appropriations on HB 1124 as found on pages 490 and 491 of the House Journal ; also

     Appropriations on HB 1191 as found on pages 491 and 492 of the House Journal ; also

     Appropriations on HB 1296 as found on page 492 of the House Journal ; also

     Transportation on HB 1121 as found on pages 507 and 508 of the House Journal ; also

     Transportation on HB 1291 as found on page 508 of the House Journal ; also

     Transportation on HB 1265 as found on pages 508 and 509 of the House Journal ; also

     Judiciary on HB 1160 as found on pages 509 and 510 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Duane Sutton moved that the word "not" be stricken from the report of the Committee on State Affairs on HJR 1003 as found on page 510 of the House Journal and that the bill be placed on today's calendar.

     The question being on Rep. Duane Sutton's motion that the word "not" be stricken from the report of the Committee on State Affairs on HJR 1003 and that the bill be placed on today's calendar.

     And the roll being called:

     Yeas 50, Nays 17, Excused 3, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCoy; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Sebert; Sigdestad; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick

     Nays:
Adelstein; Derby; Duniphan; Hansen (Tom); Heineman; Jaspers; Juhnke; Konold; Madsen; McCaulley; Michels; Peterson (Bill); Pitts; Slaughter; Smidt; Solum; Van Gerpen

     Excused:
Duenwald; Richter; Speaker Eccarius

     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 HJR 1003 was placed on today's calendar.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1254:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to livestock auction agencies and livestock dealers and to establish a penalty.

     Was read the second time.

     The question being "Shall HB 1254 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

     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 1059:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning property classifications and assessment appeals.

     Was read the second time.

     The question being "Shall HB 1059 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

     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 1216:   FOR AN ACT ENTITLED, An Act to   authorize shareholders to vote and to make certain other communications by electronic means.

     Was read the second time.

     The question being "Shall HB 1216 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

     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 1068:   FOR AN ACT ENTITLED, An Act to   require the recalculation of the allocation for the disability levels in the state aid to special education formula.

     Was read the second time.

     The question being "Shall HB 1068 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius


     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 1168:   FOR AN ACT ENTITLED, An Act to   provide for a study of the legislative article of the South Dakota Constitution.

     Was read the second time.

     The question being "Shall HB 1168 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Napoli

     Excused:
Duenwald; Richter; Speaker Eccarius

     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 1265:   FOR AN ACT ENTITLED, An Act to   allow for the issuance of metal plates with a special designation to auction agencies.

     Was read the second time.

     The question being "Shall HB 1265 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Bradford

     Excused:
Duenwald; Richter; Speaker Eccarius

     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.

     SB 50:   FOR AN ACT ENTITLED, An Act to   regulate the practice of accountancy.

     Was read the second time.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Monroe; Napoli

     Excused:
Duenwald; Richter; Speaker Eccarius

     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.


     SB 45:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the practice of medicine or osteopathy in South Dakota while holding a license in another state and while located outside of the state.

     Was read the second time.

     The question being "Shall SB 45 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

     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.

     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain terms used in the Uniform Probate Code.

     Was read the second time.

     The question being "Shall SB 53 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald; Richter; Speaker Eccarius

     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.

     There being no objection, the House proceeded to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 83:   FOR AN ACT ENTITLED, An Act to   reduce the capitalization rate for determining nonagricultural acreage.

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

     SB 141:   FOR AN ACT ENTITLED, An Act to   authorize total return unitrusts.

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

     SB 149:   FOR AN ACT ENTITLED, An Act to   allow a school district to impose additional taxes.

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

     SB 165:   FOR AN ACT ENTITLED, An Act to   require school systems to allow military recruiters access to students and school facilities.

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

     SB 166:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the Department of Education and Cultural Affairs to reimburse fees and provide a stipend for National Board for Professional Teaching Standards certified teachers.

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

     SB 172:   FOR AN ACT ENTITLED, An Act to   revise the effective date of certain provisions related to insurance taxes.

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

     SB 181:   FOR AN ACT ENTITLED, An Act to   provide for a study of the state minimum wage.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Rep. Richard Brown moved that HB 1124 be placed to follow HB 1236 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Burg moved that HB 1111 be placed to follow HB 1085 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Bill Peterson moved that HB 1305 be placed to follow HB 1302 on today's calendar.

     Which motion prevailed and the bill was so placed.

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

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

1273oa
     Rep. Don Hennies moved that HB 1273 be amended as follows:

     On page 4, line 12 of the House Transportation Committee engrossed bill, after " misdemeanor " insert " with a fine of not less than one hundred dollars ".
     On page 4 , delete lines 13 and 14 .

     On page 5 , line 10, after " misdemeanor " insert " with a fine of not less than one hundred dollars ".

     On page 5 , line 10, delete everything after " . " .

     On page 5 , delete line 11 .

     On page 5 , line 16, after " misdemeanor " insert " with a fine of not less than one hundred dollars ".

     On page 5 , line 16, delete everything after " . " .

     On page 5 , delete line 17 .

     On page 5 , line 23, delete everything after " misdemeanor " and insert "with a fine of not less than one hundred dollars.".

     On page 5 , delete line 24 .

     Rep. Konold moved that Rep. Don Hennies' motion to amend HB 1273 be laid on the table.

     Which motion prevailed.

1273sa

     Rep. Flowers moved that HB 1273 be amended as follows:

     On page 4 of the House Transportation Committee engrossed bill, delete lines 13 and 14 .

     On page 5 , line 10, delete everything after " misdemeanor. " .

     On page 5 , delete line 11 .

     On page 5 , line 16, delete everything after " misdemeanor. " .

     On page 5 , delete line 17 .

     On page 5 , line 23, delete everything after " misdemeanor. " .

     On page 5 , delete line 24 .

     Rep. Abdallah moved that Rep. Flowers' motion to amend HB 1273 be laid on the table.

     The question being on Rep. Abdallah's motion that Rep. Flowers' motion to amend HB 1273 be laid on the table.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 30, Nays 38, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Derby; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Holbeck; Jaspers; Juhnke; Konold; McCoy; Murschel; Nachtigal; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sebert; Smidt; Solum; Van Etten; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Nesselhuf; Peterson (Jim); Pummel; Rhoden; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman

     Excused:
Clark; Duenwald

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

     The question being on Rep. Flowers' motion that HB 1273 be amended.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 38, Nays 30, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Frost; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Jensen; Klaudt; Kloucek; Kooistra; Lange; Lintz; Madsen; Monroe; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Pummel; Rhoden; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman; Speaker Eccarius

     Nays:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Derby; Duniphan; Fryslie; Garnos; Hansen (Tom); Heineman; Hunhoff; Jaspers; Juhnke; Koistinen; Konold; McCaulley; McCoy; Michels; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sebert; Smidt; Solum; Van Etten; Wick

     Excused:
Clark; Duenwald

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1273 was so amended.

     The question being "Shall HB 1273 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

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

     Nays:
Frost; Klaudt; Konold; Monroe; Nachtigal

     Excused:
Clark; Duenwald

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

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

1236tc

     Rep. Teupel moved that HB 1236 be amended as follows:
     On page 3, line 3 of the House State Affairs Committee engrossed bill, delete " a board " and insert "the state, in cooperation with the board".

     On page 3 , line 5, after " Act " insert ",".

     On page 3 , line 6, delete everything after " disaster. " .

     On page 3 , delete line 7 .

     Which motion prevailed and HB 1236 was so amended.

     The question being "Shall HB 1236 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 2, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); 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; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Duenwald; Frost

     Absent:
Hargens; 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 1124:   FOR AN ACT ENTITLED, An Act to   restrict the transfer of certain appropriated money and to provide for the distribution of certain appropriated money.

     Was read the second time.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.


      The question being "Shall HB 1124 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 28, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hennies (Don); Hundstad; Klaudt; Kloucek; Kooistra; Lange; McCoy; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Rhoden; Sigdestad; Slaughter; Valandra; Van Gerpen; Van Norman; Wick

     Excused:
Duenwald

     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 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. Jaspers moved that HB 1166 be laid on the table.

     The question being on Rep. Jaspers' motion that HB 1166 be laid on the table.

     And the roll being called:

     Yeas 62, Nays 7, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Holbeck; Hundstad; Hunhoff; Jaspers; 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; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Bradford; Elliott; Hennies (Don); Hennies (Thomas); Kloucek; Van Norman

     Excused:
Duenwald

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1166 was laid on the table.

     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.

1004cb

     Rep. Wick moved that HB 1004 be amended as follows:

     On page 1 of the House Education Committee engrossed bill, delete lines 10 to 14 , inclusive.

     On page 2 , delete line 1 .

     On page 2 , line 3, after " grants, " insert "federal funds,".

0000cb

     Rep. Kloucek moved as a substitute motion that HB 1004 be amended as follows:

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

"      Section 1. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision

(1A) and pupils for whom tuition is being paid pursuant to §   13-28-42 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

             (3)      "Index factor," is two percent plus the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less ;

             (3A)      "Enrollment adjustment," is one-half of the negative of the annual percent change in the statewide general enrollment average daily membership for the year before the year immediately preceding the year of adjustment;

             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor, plus the enrollment adjustment;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §   10-12-42;
             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to §   10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of § §   13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

     Section 2. Any school district that receives revenue resulting from the enrollment adjustment shall use the resulting revenue to increase teachers' salaries. The Department of Education and Cultural Affairs shall certify to each school district the amount of revenue it will receive from general state aid to education resulting from the enrollment adjustment.

     Section 3. School districts shall certify to the Department of Education and Cultural Affairs that the revenue received resulting from the enrollment adjustment is used to increase teachers' salaries.

     Section 4. That § 13-37-35.1 be amended to read as follows:

     13-37-35.1.   Terms used in chapter 13-37 mean:

             (1)      "Level one disability," a mild disability;

             (2)      "Level two disability," a mental retardation or emotional disorder;

             (3)      "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

             (4)      "Level four disability," autism;

             (5)      "Level five disability," multiple disabilities;
             (5A)      "Level six disability," prolonged assistance;

             (6)      "Index factor," is two percent plus the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less ;

             (7)      "Local effort," is the amount of taxes payable each year, using a levy for the special education fund of a school district of one dollar and thirty cents per thousand dollars of taxable valuation;

             (8)      "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 1999, is $3,504. For each school year thereafter, the allocation for a student with a level one disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent ;

             (9)      "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 1999, is $7,914. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent ;

             (10)      "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 1999, is $10,116. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent ;

             (11)      "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 1999, is $14,705. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent ;

             (12)      "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 1999, is $15,808. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent ;

             (12A)      "Allocation for a student with a level six disability," for the school fiscal year beginning July 2001, is $1,608. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent ;

             (13)      "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to § §   13-37-1.1 and 13-37-46 submitted to the Department of Education and Cultural Affairs in accordance with rules promulgated pursuant to §   13-37-1.1;
             (14)      "Average daily membership," the average number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year plus the average number of pupils for whom the district pays tuition;

             (15)      "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education and cultural affairs for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

             (16)      "Nonpublic average daily membership," the average number of children under age sixteen who are approved for alternative instruction pursuant to §   13-27-2 during the previous school year plus:

             (a)      For nonpublic schools located within the boundaries of a public school district with an average daily membership of six hundred or more during the previous school year, the average number of kindergarten through twelfth grade pupils enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

             (b)      For nonpublic schools located within the boundaries of a public school district with an average daily membership of less than six hundred during the previous school year, the average number of resident kindergarten through twelfth grade pupils enrolled during the previous school year in all nonpublic schools located within the State of South Dakota;

             (17)      "Special education average daily membership," average daily membership plus nonpublic average daily membership;

             (18)      "Local need," an amount to be determined as follows:

             (a)      Multiply the special education average daily membership by 0.089 and multiply the result by the allocation for a student with a level one disability;

             (b)      Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

             (c)      Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

             (d)      Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;
             (e)      Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

             (f)      Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

             (g)      Sum the results of (a) through (f);

             (19)      "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.30. The maximum effort factor is 1.0. "

     Rep. Bill Peterson moved that Rep. Kloucek's substitute motion to amend HB 1004 be laid on the table.

     The question being on Rep. Bill Peterson's motion that Rep. Kloucek's substitute motion to amend HB 1004 be laid on the table.

    A roll call vote was requested and supported.

     And the roll being called:

     Yeas 46, Nays 22, Excused 1, Absent 1

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

     Nays:
Bartling; Begalka; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Duenwald

     Absent:
Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.


    The question being on Rep. Wick's motion to amend HB 1004.

     Which motion prevailed and HB 1004 was so amended.

     The question being "Shall HB 1004 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Lange; McCaulley; McCoy; Michels; Monroe; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Burg; Flowers; Hanson (Gary); Hennies (Don); Klaudt; Konold; Kooistra; Lintz; Madsen; Murschel; Nachtigal; Napoli; Olson (Mel); Rhoden; Sigdestad; Solum

     Excused:
Duenwald

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

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

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

     Rep. McCaulley moved that HB 1085 be laid on the table.

     The question being on Rep. McCaulley's motion that HB 1085 be laid on the table.

     And the roll being called:

     Yeas 64, Nays 4, Excused 1, Absent 1

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

     Nays:
Bradford; Flowers; Kloucek; Speaker Eccarius

     Excused:
Duenwald

     Absent:
Rhoden

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1085 was laid on the table.

     HB 1111:   FOR AN ACT ENTITLED, An Act to   restrict the transfer of certain appropriated money and to provide for the redistribution of certain appropriated money.

     Was read the second time.

1111da

     Rep. Richter moved that HB 1111 be amended as follows:

     On page 2 of the printed bill, delete lines 9 to 13 , inclusive.

     On page 2 , line 18, after " excess " insert "due to declining enrollment".

     Which motion prevailed and HB 1111 was so amended.

     The question being "Shall HB 1111 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Duenwald

     Absent:
Abdallah

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

     Speaker Eccarius now presiding.

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

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

1280fa

     Rep. Derby moved that HB 1280 be amended as follows:

     On page 1, line 12 of the printed bill, after " limited partnership " insert " with at least eighty percent common ownership ".

     Which motion prevailed and HB 1280 was so amended.

     The question being "Shall HB 1280 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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; 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; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Kloucek

     Excused:
Duenwald

     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 1294:   FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the South Dakota Building Authority and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1294 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 23, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Klaudt; Kloucek; Lange; Lintz; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Duenwald

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

     Pursuant to Joint Rule 5-13.1, HB 1294 was up for immediate reconsideration.

     Rep. Bill Peterson moved that HB 1294 be placed to follow HJR 1003 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1302:   FOR AN ACT ENTITLED, An Act to   provide for the establishment of standard guidelines to be used regarding child custody and visitation.

     Was read the second time.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); 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); Peterson (Jim); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Pitts; Van Norman

     Excused:
Duenwald

     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 1305:   FOR AN ACT ENTITLED, An Act to   define terrorism, to create the crime of terrorism, and to provide a penalty therefor.

     Was read the second time.

     The question being "Shall HB 1305 pass as amended?"

     And the roll being called:

     Yeas 53, Nays 13, Excused 2, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Kooistra; McCaulley; McCoy; Michels; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Begalka; Bradford; Gillespie; Hundstad; Klaudt; Kloucek; Koistinen; Lange; Lintz; Nachtigal; Nesselhuf; Rhoden; Speaker Eccarius

     Excused:
Duenwald; Monroe

     Absent:
Davis; Madsen

     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 1303:   FOR AN ACT ENTITLED, An Act to   revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack.

     Was read the second time.

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     Rep. Bill Peterson moved that HB 1303 be amended as follows:

     On page 1, line 12 of the House State Affairs Committee engrossed bill, after " source " insert " , other than personal or private funds, ".

     Which motion prevailed and HB 1303 was so amended.

     The question being "Shall HB 1303 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 24, Excused 1, Absent 1


     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duniphan; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Kooistra; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nesselhuf; Olson (Mel); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Elliott; Flowers; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Klaudt; Kloucek; Koistinen; Lange; Lintz; Nachtigal; Napoli; Pederson (Gordon); Peterson (Jim); Rhoden; Sigdestad; Valandra

     Excused:
Duenwald

     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 1304:   FOR AN ACT ENTITLED, An Act to   revise the emergency powers of the Department of Health.

     Was read the second time.

     The question being "Shall HB 1304 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 13, Excused 1, Absent 0

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

     Nays:
Begalka; Bradford; Elliott; Glenski; Hargens; Hennies (Don); Klaudt; Kloucek; Lintz; Napoli; Peterson (Jim); Rhoden; Van Norman

     Excused:
Duenwald


     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 the House do now recess until 4:30 p.m., which motion prevailed and at 3:45 p.m., the House recessed.

RECESS


     The House reconvened at 4:30 p.m., the Speaker presiding.

     HB 1092:   FOR AN ACT ENTITLED, An Act to   provide resident tuition rates for certain nonresident National Guard members and to revise certain tuition benefits for resident National Guard members.

     Was read the second time.

     Speaker Pro tempore Michels now presiding.

     The question being "Shall HB 1092 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 45, Excused 1, Absent 1

     Yeas:
Adelstein; Begalka; Brown (Jarvis); Brown (Richard); Derby; Duniphan; Heineman; Hennies (Thomas); Jaspers; Jensen; Kloucek; Lange; Lintz; Madsen; McCaulley; Monroe; Nachtigal; Napoli; Pederson (Gordon); Rhoden; Sutton (Duane); Van Etten; Wick

     Nays:
Abdallah; Bartling; Bradford; Broderick; Burg; Clark; Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kooistra; McCoy; Michels; Murschel; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Valandra; Van Norman; Speaker Eccarius

     Excused:
Duenwald

     Absent:
Van Gerpen

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


      HB 1272:   FOR AN ACT ENTITLED, An Act to   authorize certain wine shipments, to levy an excise tax, and to establish certain penalties.

     Was read the second time.

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     Rep. Clark moved that HB 1272 be amended as follows:

     On page 1, line 5 of the House Commerce Committee engrossed bill, delete " , sparking, or sacramental " and insert "or sparkling".

     On page 1 , line 7, delete " "Table, sparkling, and sacramental wine," " and insert ""Table wine," or "sparkling wine,"".

     On page 1 , line 11, delete " located within the state and " .

     On page 1 , line 11, delete " , " and insert "or".

     On page 1 , line 12, delete " , or sacramental wine " .

     On page 2 , line 4, after " winery " insert "licensed pursuant to section 2 of this Act and".

     On page 2 , line 7, after " licensed " insert "pursuant to section 2 of this Act and located".

     On page 3 , line 17, after " may " insert "suspend or".

     On page 3 , line 18, delete everything after " pursuant " and insert "to section 2 of this Act who violates the provisions of this Act.".

     On page 3 , delete line 19 .

     Which motion prevailed and HB 1272 was so amended.

     Rep. Bradford moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1272 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 45, Excused 4, Absent 1

     Yeas:
Abdallah; Begalka; Brown (Jarvis); Burg; Clark; Glenski; Hansen (Tom); Heineman; Jaspers; Lange; Lintz; Madsen; Murschel; Napoli; Nesselhuf; Peterson (Bill); Pummel; Rhoden; Richter; Valandra

     Nays:
Bartling; Bradford; Broderick; Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; McCaulley; McCoy; Michels; Monroe; Nachtigal; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Adelstein; Brown (Richard); Derby; Duenwald

     Absent:
Duniphan

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

     Rep. Clark announced her intent to reconsider the vote by which HB 1272 was lost.

     Rep. Bill Peterson moved that HB 1294 be placed to follow HB 1211 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1211:   FOR AN ACT ENTITLED, An Act to   provide for the use of electric personal assistive mobility devices.

     Was read the second time.

     The question being "Shall HB 1211 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); 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; Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Olson (Mel); Rhoden

     Excused:
Adelstein; Duenwald

     Absent:
Peterson (Bill)

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

     Speaker Eccarius now presiding.

     HB 1294:   FOR AN ACT ENTITLED, An Act to   revise and supplement certain powers of the South Dakota Building Authority and to declare an emergency.

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

     The question being "Shall HB 1294 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 22, Excused 1, Absent 0

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

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

     Excused:
Duenwald

     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.

     Speaker Pro tempore Michels now presiding.

     HB 1184:   FOR AN ACT ENTITLED, An Act to   allow the excess tax levy for school districts to be expressed as a tax rate.

     Was read the second time.

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     Rep. Jaspers moved that HB 1184 be amended as follows:

     On page 1, after line 11 of the printed bill, insert:

"      Section 2. That chapter 10-12 be amended by adding thereto a NEW SECTION to read as follows:

     If the excess levy authorized by § 10-12-43 is expressed as a rate of taxation in dollars per thousand dollars of taxable valuation, the rate of taxation shall be adjusted such that the total amount of tax revenue generated by the increase in the rate of taxation does not increase from one year to the next by a percentage increase greater than the index factor as defined in § 13-13- 10.1.".

     Which motion prevailed and HB 1184 was so amended.

     The question being "Shall HB 1184 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 54, Excused 1, Absent 0

     Yeas:
Bartling; Brown (Jarvis); Brown (Richard); Davis; Elliott; Glenski; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Kooistra; Murschel; Olson (Mel); Valandra

     Nays:
Abdallah; Adelstein; Begalka; Bradford; Broderick; Burg; Clark; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hundstad; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; 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:
Duenwald

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

     HB 1199:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the general fund levy of a school district.

     Was read the second time.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1199 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 36, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Davis; Derby; Duniphan; Frost; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Hunhoff; Jaspers; Konold; Madsen; McCaulley; Michels; Monroe; Murschel; Napoli; Peterson (Bill); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Clark; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Holbeck; Hundstad; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCoy; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Sigdestad; Valandra; Van Etten; Van Gerpen; Van Norman

     Excused:
Duenwald

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

     HB 1197:   FOR AN ACT ENTITLED, An Act to   appropriate money from the budget reserve fund to the general fund and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1197 pass?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

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

     Nays:
Bradford; Glenski; Kloucek; Nachtigal; Van Norman

     Excused:
Duenwald

     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 1137:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the compensation and the meetings of the State Cement Plant Commission.

     Was read the second time.

     The question being "Shall HB 1137 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Burg; Gillespie; Hanson (Gary); Hargens; Kloucek; Olson (Mel); Peterson (Jim); Sigdestad; Van Norman

     Excused:
Bradford; Duenwald; Pederson (Gordon)

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

    Speaker Eccarius now presiding.

     HB 1191:   FOR AN ACT ENTITLED, An Act to   appropriate funds for increased wages for employees of nursing facilities and to define the distribution from the health care trust fund.

     Was read the second time.

     The question being "Shall HB 1191 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 22, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Kloucek; Koistinen; Kooistra; Lange; McCoy; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Sebert; Sigdestad; Slaughter; Smidt; Solum; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Abdallah; Broderick; Derby; Duniphan; Garnos; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Konold; Lintz; Madsen; McCaulley; Napoli; Peterson (Bill); Pitts; Rhoden; Richter; Sutton (Duane); Teupel; Speaker Eccarius

     Excused:
Bradford; Duenwald; Hunhoff; Michels; Pederson (Gordon)


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

     HB 1296:   FOR AN ACT ENTITLED, An Act to   make an appropriation to expand the nursing programs at South Dakota's public universities.

     Was read the second time.

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     Rep. Richter moved that HB 1296 be amended as follows:

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

"      Section 1. That section 14 of chapter 3 of the 2001 Session Laws be amended to read as follows:

    BOARD OF REGENTS
        Regents System Office
        Personal Services, delete "$861,228" and insert "$1,983,675"
    Adjust all totals accordingly.

     Section 2. The fund source used to support the other fund expenditure authority appropriated by section 1 of this Act shall be the private activity bond fees fund established in §  1-7-10.

     Section 3. Any expenditure authority and cash appropriated by this Act which are unspent at the end of fiscal year 2002 shall be carried over to fiscal year 2003.

     Section 4. This Act is effective June 11, 2002."


     Which motion prevailed and HB 1296 was so amended.

     The question being "Shall HB 1296 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 23, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Konold; Kooistra; Lintz; Madsen; McCoy; Michels; Monroe; Murschel; Nesselhuf; Peterson (Bill); Pitts; Pummel; Richter; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Nays:
Begalka; Davis; Elliott; Flowers; Gillespie; Glenski; Hargens; Hennies (Don); Hundstad; Klaudt; Koistinen; Lange; McCaulley; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Rhoden; Sebert; Sigdestad; Valandra; Van Gerpen; Van Norman

     Excused:
Bradford; Duenwald; Pederson (Gordon)

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

     The question being on the title.

     Rep. Richter moved that the title to HB 1296 be amended as follows:

     On page 1, line 1 of the House Appropriations Committee engrossed bill, delete everything after " Act to " and insert "amend the General Appropriations Act for fiscal year 2002.".

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     HB 1121:   FOR AN ACT ENTITLED, An Act to   revise the requirements for the location of side exhaust on certain motor vehicles.

     Was read the second time.

     The question being "Shall HB 1121 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

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

     Nays:
Elliott; Glenski; Lange; Solum; Van Norman

     Excused:
Bradford; Duenwald; Pederson (Gordon)

     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 1291:   FOR AN ACT ENTITLED, An Act to   revise the requirements for obtaining a specialty license plate organizational decal and to authorize the issuance of certain license plates without county identifiers.

     Was read the second time.

1291oa

     Rep. Valandra moved that HB 1291 be amended as follows:

     On page 2 of the House Transportation Committee engrossed bill, delete lines 3 to 12 , inclusive.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.

     Which motion prevailed and HB 1291 was so amended.

     The question being "Shall HB 1291 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 8, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); 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; Jensen; Kloucek; Koistinen; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sebert; Sigdestad; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Jaspers; Juhnke; Klaudt; Lintz; Rhoden; Richter; Solum; Speaker Eccarius

     Excused:
Bradford; Duenwald; Pederson (Gordon)


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

     The question being on the title.

     Rep. Valandra moved that the title to HB 1291 be amended as follows:

     On page 1, line 2 of the House Transportation Committee engrossed bill, delete everything after " decal " and insert ".".

     On page 1 , delete line 3 .

     Which motion prevailed and the title was so amended.

     HB 1160:   FOR AN ACT ENTITLED, An Act to   expand certain tort liability arising out of causes of action based on reduction, abduction, and alienation of affections.

     Was read the second time.

1160x

     Rep. Adelstein moved that HB 1160 be amended as follows:

     On page 1, line 10 of the House Judiciary Committee engrossed bill, delete " , of a child from a parent, or " and insert " ; ".

     On page 1 , delete line 11 .

     On page 1 , line 12, delete " brother " and insert " son ".

1160ja

     Rep. Murschel moved as a substitute motion that HB 1160 be amended as follows:

     On the House Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

     Which motion lost.

    The question being on Rep. Adelstein's motion to amend.

     Which motion lost.

     The question being "Shall HB 1160 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 18, Excused 3, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Jensen; Juhnke; Koistinen; Lange; Lintz; Madsen; McCaulley; Michels; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pummel; Richter; Sebert; Sigdestad; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Broderick; Flowers; Garnos; Heineman; Hundstad; Hunhoff; Klaudt; Kloucek; Konold; Kooistra; McCoy; Murschel; Napoli; Pitts; Rhoden; Slaughter; Solum

     Excused:
Bradford; Duenwald; Pederson (Gordon)

     Absent:
Hargens

     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 1253:   FOR AN ACT ENTITLED, An Act to   establish an ombudsman to represent youth offenders.

     Was read the second time.

1253mi

     Rep. Gillespie moved that HB 1253 be amended as follows:

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

"      Section 1. That § 26-11A-27 be amended to read as follows:

     26-11A-27.   The monitor created in §   26-11A-25 may:

             (1)      Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;

             (2)      Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;
             (3)      Access any records of or relating to any individual in the custody or care of juvenile facilities;

             (4)      Provide an annual report to the Governor, the Legislature, the Corrections Commission established by §   1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the fiscal year immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, results of the investigations, corrective actions taken, and a summary of other activities performed by the monitor;

             (5)      Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;

             (6) (5)      Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;

             (7) (6)      Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility.

     Section 2. The monitor created in §  26-11A-25 shall provide an annual and semiannual report to the Governor, the Legislature, the Corrections Commission established by §  1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the period immediately prior to the report. The report shall contain the number of referrals to the monitor, the number of investigations completed, results of the investigations, corrective actions taken, and a summary of other activities performed by the monitor. The annual report shall be submitted at the end of the fiscal year. The semiannual report shall be submitted at the end of the calendar year and prior to the legislative session.

     Section 3. That § 26-11A-29 be repealed.

     26-11A-29.   The Department of Corrections or such other executive branch agency that the Governor directs, shall, on or before December 1, 2000, submit to the Government Operations and Audit Committee a report and recommendation regarding the desirability and feasibility of the Department of Corrections seeking American Correctional Association accreditation of all juvenile corrections facilities under the direction of the Governor. "


1253oa

     Rep. Broderick moved as a substitute motion that HB 1253 be amended as follows:

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

"      Section 1. That § 26-11A-27 be amended to read as follows:

     26-11A-27.   The monitor created in §   26-11A-25 may shall :

             (1)      Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;

             (2)      Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;

             (3)      Access any records of or relating to any individual in the custody or care of juvenile facilities;

             (4)      Provide an annual a semi-annual report to the Governor, the Legislature, the Corrections Commission established by §  1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the fiscal year six-month period immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, results of the investigations, corrective actions taken, and a summary of other activities performed by the monitor;

             (5)      Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;

             (6)      Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;

             (7)      Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility and the custodial parent or guardian .

     Section 2. That § 26-11A-29 be repealed.

     26-11A-29.   The Department of Corrections or such other executive branch agency that the Governor directs, shall, on or before December 1, 2000, submit to the Government Operations and Audit Committee a report and recommendation regarding the desirability and feasibility of the Department of Corrections seeking American Correctional Association accreditation of all juvenile corrections facilities under the direction of the Governor. "


     Speaker Pro tempore Michels now presiding.

     Which motion prevailed and HB 1253 was so amended.

     The question being "Shall HB 1160 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 18, Excused 3, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Jensen; Juhnke; Koistinen; Lange; Lintz; Madsen; McCaulley; Michels; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pummel; Richter; Sebert; Sigdestad; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Broderick; Flowers; Garnos; Heineman; Hundstad; Hunhoff; Klaudt; Kloucek; Konold; Kooistra; McCoy; Murschel; Napoli; Pitts; Rhoden; Slaughter; Solum

     Excused:
Bradford; Duenwald; Pederson (Gordon)

     Absent:
Hargens

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

     The question being on the title.

     Rep. Broderick moved that the title to HB 1253 be amended as follows:

     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise certain provisions pertaining to the juvenile corrections monitor.".

     Which motion prevailed and the title was so amended.

     Speaker Eccarius now presiding.

     HJR 1003:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XII, Section 2 of the Constitution of the State of South Dakota, relating to expenditures from funds established by a two-thirds vote of both houses of the Legislature.

     Was read the second time.

     The question being "Shall HJR 1003 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 18, Excused 5, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Brown (Jarvis); Brown (Richard); Burg; Davis; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCoy; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman

     Nays:
Broderick; Clark; Derby; Heineman; Jaspers; Juhnke; Konold; Madsen; McCaulley; Michels; Peterson (Bill); Pitts; Richter; Smidt; Solum; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Adelstein; Bradford; Duenwald; Duniphan; Pederson (Gordon)

     Absent:
Hargens

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

     No member moved to reconsider the vote by which HB 1272 was lost.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB1032, 1033, and 1131 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1036 and 1241 were delivered to his Excellency, the Governor, for his approval at 3:08 p.m., February 7, 2002.

Respectfully submitted,
Scott Eccarius, Chair
SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1032: FOR AN ACT ENTITLED, An Act to  revise certain retirement system provisions to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001, to authorize members to acquire credited service by transferring certain retirement funds, to protect the confidentiality of member information, and to declare an emergency.

     HB 1033: FOR AN ACT ENTITLED, An Act to  provide benefit improvements for certain members of the South Dakota Retirement System, to revise the provisions for the purchase of uncredited service by members of the system, and to provide for increased contributions for certain members.

     HB 1131: FOR AN ACT ENTITLED, An Act to  provide for civil recovery of unpaid property and services.

     And signed the same in the presence of the House.

     Rep. Elliott moved that the House do now adjourn, which motion prevailed and at 7:11 p.m. the House adjourned.

Karen Gerdes, Chief Clerk