JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 8, 2002

     BE IT REMEMBERED, That on the eighth day of January, A.D., two thousand two, at the hour of twelve o'clock meridian, on the second Tuesday in January, being the day and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Seventy-seventh regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the State of South Dakota, the seat of government thereof, was called to order by Joyce Hazeltine, the Secretary of State of the state of South Dakota.

    The following prayer was offered by the Chaplain, Pastor Geraldine King, Resurrection Lutheran Church, Pierre, South Dakota:

    Great and mighty God, we praise You for Your glory and for Your creation including Your "very good" work, the creation of humankind. You promised blessings to Your people. You have endowed Your people with gifts for the good of Your kingdom. You forgive those who repent. You empower people for service for the good of children, parents, the homeless, the sick, the disenfranchised, the "lepers" of society, the young, the old, the rich, and the poor. May You give guidance, counsel, and wisdom in these opening days of a new year and in the days of this Seventy-seventh Legislative Session to our Governor Janklow, Lieutenant Governor Carole Hillard; our Secretary of State Joyce Hazeltine; Speaker of the House Scott Eccarius; legislators of the House and Senate, the clerks, pages, research council members and all who legislate, assist, and carry out the laws of this state. May patience and wisdom in all deliberations rule in these few weeks here in the state capitol of South Dakota. May the citizens of this state benefit through the decisions that will be made. We ask all this according to Your will and in Your most holy name. Amen.

     The Pledge of Allegiance was led by House page Jennifer Giannonatti.


    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the House of Representatives at the general election held on November 7, 2000, are hereby certified as members of the House of Representatives of the 2001-2002 Legislative Sessions:

District No. 1    Day, Codington, Marshall, and Roberts Counties
        Gary D. Hanson - Sisseton
        David Sigdestad - Pierpont

District No. 2    Brown and Marshall Counties
        Jim Hundstad - Bath
        Duane Sutton - Aberdeen

District No. 3    Brown and McPherson Counties
        Burt Elliott - Aberdeen
        Larry Frost - Aberdeen

District No. 4    Brookings, Deuel, and Grant Counties
        Tim Begalka - Clear Lake
         Jim Peterson - Revillo
                
District No. 5    Codington County
        Claire B. Konold - Watertown
        Burdette C. Solum - Watertown
        
District No. 6    Clark, Codington, Hamlin, Kingsbury, and Miner Counties
        Art Fryslie - Willow Lake
        Al Koistinen - Goodwin

District No. 7    Brookings County
        Orville B. Smidt - Brookings
        Carol A. Pitts - Brookings
        
District No. 8    Lake, Minnehaha, and Moody Counties
        Gerald F. Lange - Madison        
        Dale Slaughter - Madison
        
District No. 9    McCook, Minnehaha, and Turner Counties
        Clarence L. Kooistra - Garretson
        James Holbeck - Parker
        
District No. 10    Lincoln and Minnehaha Counties
        Gene G. Abdallah - Sioux Falls
        Matt McCaulley - Sioux Falls

District No. 11    Minnehaha County
        Mitch Richter - Sioux Falls
        Mike Jaspers - Sioux Falls


District No. 12    Minnehaha County
        Casey Murschel - Sioux Falls
        Hal Wick - Sioux Falls

District No. 13    Minnehaha County
        Don Hennies - Sioux Falls        
        Phyllis M. Heineman - Sioux Falls
                
District No. 14    Minnehaha County
        Bill Peterson - Sioux Falls
        Dick Brown - Sioux Falls
        
District No. 15    Minnehaha County
        Kay Davis - Sioux Falls
        Mary Glenski - Sioux Falls

District No. 16    Lincoln and Union Counties
        Margaret Vandemore Gillespie - Hudson
        Mike Broderick - Canton    
            
District No. 17    Clay and Turner Counties
        Judy Clark - Vermillion
        B.J. Nesselhuf - Vermillion
        
District No. 18    Yankton County
        Jean Hunhoff - Yankton
        Matthew Michels - Yankton
                
District No. 19    Bon Homme, Douglas, and Hutchinson Counties
        Bill Van Gerpen - Tyndall
        Frank J. Kloucek - Scotland
        
District No. 20    Davison and Hanson Counties
        Mel Olson - Mitchell
        Lou Sebert - Mitchell

District No. 21    Beadle and Spink Counties
        Charlie Flowers - Iroquois
        Tom Hansen - Huron
    
District No. 22    Aurora, Buffalo, Hand, Jerauld, Sanborn, and Spink Counties
        Quinten L. Burg - Wessington Springs
        Dale Hargens - Miller

District No. 23    Campbell, Edmunds, Faulk, Hyde, Potter, and Walworth Counties
        Jay L. Duenwald - Hoven
        Jarvis W. Brown - Faulkton


District No. 24    Hughes, Lyman, Stanley, and Sully Counties
        Cooper Garnos - Presho
        Jeff Monroe - Pierre

District No. 25    Brule, Charles Mix, Gregory, and Lyman Counties
        Sam Nachtigal - Platte
        Julie Bartling - Burke
        
District No. 26    Bennett, Haakon, Jackson, Jones, Lyman, Melette, and Tripp Counties
        Barry Jensen - White River
        Kent Juhnke - Vivian
        
District No. 27    Bennett, Shannon, and Todd Counties
        James Bradford - Pine Ridge
        Paul Valandra - Mission

District No. 28A    Corson, Dewey, and Ziebach Counties
        Thomas James Van Norman - Eagle Butte

District No. 28B    Butte, Corson, Harding, and Perkins Counties
        Ted A. Klaudt - Walker
    
District No. 29    Butte and Meade Counties
        Willard Pummel - Belle Fourche
        Larry Rhoden - Union Center
        
District No. 30    Custer, Fall River, and Pennington Counties
        Jim Lintz - Hermosa
        Gordon R. Pederson - Wall
                
District No. 31    Lawrence County
        John E. Teupel - Spearfish
        Christopher W. Madsen - Spearfish
                
District No. 32    Pennington County
        Stanford M. Adelstein - Rapid City
        Thomas L. Hennies - Rapid City

District No. 33    Meade and Pennington Counties
        J.P. Duniphan - Rapid City
        Donald D. Van Etten - Rapid City

District No. 34    Pennington County
        Scott Eccarius - Rapid City
        Michael P. Derby - Rapid City
        
District No. 35    Pennington County
        William "Bill" Napoli - Rapid City



        Alice McCoy - Rapid City
            
    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 4th day of January, 2002.

    (SEAL)

Joyce Hazeltine

Secretary of State

     Roll Call: All members present except Reps. Adelstein, Valandra, and Van Norman who were excused.

MOTIONS AND RESOLUTIONS

    Rep. Bill Peterson moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.

    The presiding officer announced that nominations for Speaker of the House of Representatives were now in order.

    Rep. Bill Peterson nominated Rep. Eccarius as Speaker of the House of Representatives.

    And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Adelstein; Eccarius; Valandra; Van Norman

     Rep. Eccarius having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives.

    Reps. Michels, Konold, Fryslie, and Elliot were appointed to escort Rep. Eccarius to the rostrum.



    The oath of office was administered to Rep. Eccarius, Speaker of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    Joyce Hazeltine, Secretary of State, turned the gavel over to Speaker Eccarius.

    Speaker Eccarius now presiding.

    Mr. Speaker announced that nominations for Speaker Pro tempore of the House of Representatives were now in order.

    Rep. Napoli nominated Rep. Michels as Speaker Pro tempore.

    And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Adelstein; Michels; Valandra; Van Norman

     Rep. Michels having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro tempore of the House of Representatives.

    Reps. Heineman, Jarvis Brown, Duane Sutton, and Gary Hanson were appointed to escort Rep. Michels to the rostrum.

    The oath of office was administered to Rep. Michels, Speaker Pro tempore of the House of Representatives, by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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


    Mr. Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.



    Rep. Bill Peterson nominated Ms. Karen Gerdes as Chief Clerk of the House of Representatives.

    And the roll being called:

    Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Adelstein; Valandra; Van Norman

     Ms. Gerdes having received an affirmative vote of a majority of the members-elect, was declared duly elected.

    The oath of office was administered to Ms. Gerdes by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

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

    Speaker Eccarius announced the appointment of the following employees of the House of Representatives for the Seventy-seventh Legislative Session:
    
    First Assistant to the Chief Clerk _ Arlene Kvislen

    Second Assistant to the Chief Clerk _ Jim Wosepka

    Index Clerk _ Karen Stein

    Chief Chaplain _ Roger Easland

    Sergeant at Arms _ Melvin Chandler

    Assistant Sergeant at Arms _ Milo Smith

    Assistant Sergeant at Arms _ Penn Williams

    Chief Documents Clerk _ Ambrose Schultz



    Secretary to the Speaker _ Diane Mellan

    Secretary to the Majority Leader _ Clara Shelbourn

    Secretary to the Minority Leader _ Mark Proctor

    Appropriations Secretary _ Carol Carney

    Committee Secretaries _ Lois Henry, Beverly Jennings

    Pages (1st Term) _ Amanda Anderson, Andrew Christianson, Lacey Cooper, Jennifer Giannonatti, Roxie Klaudt, Jared Knock, Andrew Knutson, Megan Kruse, Katie Larsen, Kajsa Perman, Larissa Peterson, Heather Rayburn

    Pages (2nd Term) _ Dakota Bixler, Eric Fosheim, Paul Fullerton, Jeremy Hargens, Alisha Hornseth, Holly Maher, Kayla Nebelsick, Katie O'Connor, Amber Potas, Kayla Rygh, KyLee Schaefer, Sheila Schneider, Brittany Sutton, Shelby Williams

    Pages (3rd Term) _ Michelle Behrns, Aaron Bumann, Michael Bumann, Aubrey Christman, Abigail Cooke, Mollie Gabrys, Kila Keller, Jennifer Kloucek, Lakota Mowrer, David Novstrup, Laurie Reiprich, Emily Sippel, Katherine Tjarks

    Pages (4th Term) _ Heather Asheim, Erin Enright, Mandy Foster, Ryan Henderson, Susan Kruse, Jessie Meyerink, Megan Nelson, Mary Omdahl, Andrea Peterson, Cecelia Pucket, Angela Thayer, Kamaria Tisher, Noah Torberson, Nicole Veitz

    Legislative Interns _ Matthew Benorden, Kristi Brei, Stacey Furchner, Brooke Hall, Kathryn Henning, Scott Henrikson, Anna Kerner, Ryan Kohl, Amy Lawrenson, James Mortenson, Matt Sawyer, Avany Severyn, Andrew Wiese

    Legislative Aide _ Paul Tschetter
    
    The oath of office was administered by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the State of South Dakota, to the following employees:

    First Assistant to the Chief Clerk _ Arlene Kvislen

    Second Assistant to the Chief Clerk _ Jim Wosepka

    Index Clerk _ Karen Stein

    Chief Chaplain _ Roger Easland

    Sergeant at Arms _ Melvin Chandler

    Assistant Sergeant at Arms _ Milo Smith

    Assistant Sergeant at Arms _ Penn Williams



    Chief Documents Clerk _ Ambrose Schultz

    Secretary to the Speaker _ Diane Mellan

    Secretary to the Majority Leader _ Clara Shelbourn

    Secretary to the Minority Leader _ Mark Proctor

    Appropriations Secretary _ Carol Carney

    Committee Secretaries _ Lois Henry, Beverly Jennings

            Pages (1st Term) _ Amanda Anderson, Andrew Christianson, Lacey Cooper, Jennifer Giannonatti, Roxie Klaudt, Jared Knock, Andrew Knutson, Megan Kruse, Katie Larsen, Kajsa Perman, Larissa Peterson, Heather Rayburn

    Legislative Interns _ Matthew Benorden, Kristi Brei, Stacey Furchner, Brooke Hall, Kathryn Henning, Scott Henrikson, Anna Kerner, Ryan Kohl, Amy Lawrenson, James Mortenson, Matt Sawyer, Avany Severyn, Andrew Wiese

    Legislative Aide _ Paul Tschetter

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

    Rep. Bill Peterson moved that the permanent House rules and the permanent joint rules of the House and Senate of the Seventy-sixth Legislative Session be made the temporary House rules and the temporary joint rules of the House and Senate for the Seventy-seventh Legislative Session.

    The question being on Rep. Bill Peterson's motion that the permanent House rules and the permanent joint rules of the House and Senate of the Seventy-sixth Legislative Session be made the temporary House rules and the temporary joint rules of the House and Senate for the Seventy-seventh Legislative Session.

     And the roll being called:

     Yeas 65, Nays 0, Excused 3, Absent 2

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



     Excused:
Adelstein; Valandra; Van Norman

     Absent:
Nachtigal; Napoli

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

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for the Joint Session to hear the message of the Governor, the Honorable William J. Janklow.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Michels, Napoli, and Burg.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Michels, Napoli, and Burg.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate relative to the joint rules for the two houses for the Seventy-seventh Legislative Session.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Eccarius, Bill Peterson, and Mel Olson.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for legislative days for members, officers, and employees of the House and Senate.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Duenwald, Jaspers, and Nachtigal.

    
    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-seventh Legislative Session, pursuant to SDCL 2-5-8, with the full power to act,



and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Eccarius, Bill Peterson, and Mel Olson.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Juhnke, Duniphan, and Nachtigal.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of selecting chaplains for the Seventy-seventh Legislative Session.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Monroe, Garnos, and Flowers.

    Rep. Bill Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to arrange for a memorial recognition of deceased former members of the House and Senate.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Smidt, Kooistra, and Lange.

House Standing Committees--77th Session
** Denotes Chair
* Denotes Vice-Chair

     Agriculture and Natural Resources (13)
**Duenwald, *Lintz, Fryslie, Holbeck, Jensen, Pitts, Rhoden, Van Gerpen, Bradford, Hanson (Gary), Hargens, Kloucek, Sigdestad

     Appropriations (9)
**Richter, *Derby, Adelstein, Clark, Klaudt, Pummel, Sutton (Duane), Burg, Lange

     Commerce (13)
**Konold, *Sebert, Begalka, Broderick, Brown (Jarvis), Hansen (Tom), Madsen, Pederson (Gordon), Solum, Glenski, Nesselhuf, Olson (Mel), Valandra



     Education (15)
**Eccarius, *Smidt, Begalka, Garnos, Heineman, Juhnke, Kooistra, McCaulley, McCoy, Monroe, Wick, Bartling, Davis, Elliott, Van Norman

     Government Operations and Audit (5)
**Pederson (Gordon), *Wick, Konold, Burg, Gillespie

     Health and Human Services (13)
**Heineman, *Solum, Abdallah, Frost, Hunhoff, McCoy, Pitts, Van Etten, Van Gerpen, Bradford, Davis, Hundstad, Nesselhuf

     Judiciary (13)
**Brown (Jarvis), *Michels, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Bartling, Gillespie, Nachtigal, Valandra

     Legislative Procedure (7)
**Eccarius, *Michels, Duniphan, Peterson (Bill), Richter, Burg, Olson (Mel)

     Local Government (13)
**Duniphan, *Hennies (Thomas), Hansen (Tom), Holbeck, Hunhoff, Lintz, Murschel, Rhoden, Slaughter, Gillespie, Hargens, Kloucek, Sigdestad

     Retirement Laws (5)
**Michels, *Sebert, Kooistra, Davis, Olson (Mel)

     State Affairs (13)
**Peterson (Bill), *Napoli, Brown (Richard), Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Glenski, Hanson (Gary), Olson (Mel)

     Taxation (15)
**Brown (Richard), *Jaspers, Frost, Garnos, Hennies (Don), Koistinen, Napoli, Slaughter, Teupel, Van Etten, Wick, Flowers, Hundstad, Nachtigal, Peterson (Jim)

     Transportation (13)
**Broderick, *Pederson (Gordon), Abdallah, Fryslie, Hennies (Don), Koistinen, Konold, Kooistra, Teupel, Elliott, Flowers, Peterson (Jim), Van Norman

REPORTS OF SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 8, 2002.



    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved and that the Senate retire to the Senate Chamber to proceed with its regular order of business.

    That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Barbara Everist
William Napoli    Arnold Brown
Quinten Burg    Jim Hutmacher
House Committee    Senate Committee

     Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to arranging the Joint Session of the Senate and the House of Representatives be adopted.

     Which motion prevailed and the report was adopted.

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Barbara Everist
William Napoli    Arnold Brown
Quinten Burg    Jim Hutmacher
House Committee    Senate Committee

     Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session be adopted.

     Which motion prevailed and the report was adopted.


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Brown, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for a Joint Session of the two houses to receive the message of the Governor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Brown, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communication he may desire to transmit.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Brown, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the joint rules for the Seventy-seventh Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Brown, Everist, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and House.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Brown, Everist, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-seventh Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Brown, Daugaard, and Symens as a committee of three on the part of the Senate to meet with
a like committee on the part of the House for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House Journals, and bills and other legislative printing for the two houses and the state offices with the full power to act.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Ham, McCracken, and Duxbury as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to securing chaplains for the Seventy-seventh L egislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Madden, Putnam, and Reedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of arranging for a memorial recognition of deceased former members of the Senate and House.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the message of the Governor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session.

Respectfully,
Patricia Adam, Secretary

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001   Introduced by:  Representatives Brown (Richard), Glenski, Peterson (Jim), and Smidt and Senators McCracken, Dennert, and Reedy at the request of the Interim Streamlined Sales Tax Project Task Force

       FOR AN ACT ENTITLED, An Act to   ratify the Uniform Sales and Use Tax Administration Act and to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project.

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

     HB 1002   Introduced by:  Representatives Brown (Richard), Glenski, Peterson (Jim), and Smidt and Senators McCracken, Dennert, and Reedy at the request of the Interim Streamlined Sales Tax Project Task Force

       FOR AN ACT ENTITLED, An Act to   impose a gross receipts tax on certain visitor-related businesses.

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

     HB 1003   Introduced by:  Representatives Brown (Richard), Glenski, Peterson (Jim), and Smidt and Senators McCracken, Dennert, and Reedy at the request of the Interim Streamlined Sales Tax Project Task Force

       FOR AN ACT ENTITLED, An Act to   authorize a municipal gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions.

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

     HB 1004   Introduced by:  Representatives Wick, Bradford, Broderick, Gillespie, Holbeck, McCoy, and Teupel and Senators Moore, Ham, McIntyre, and Sutton (Dan) at the request of the Interim Teacher Credentialing and Compensation Committee

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

     Was read the first time.

     HB 1005   Introduced by:  Representative McCaulley and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2001.

     Was read the first time.

     HB 1006   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise the procedure for updating the voter registration file and to limit the use of the county voter registration file.



     Was read the first time.

     HB 1007   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain election recount provisions.

     Was read the first time.

     HB 1008   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain election provisions and terminology.

     Was read the first time.

     HB 1009   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise the election procedures of certain special purpose districts.

     Was read the first time.

     HB 1010   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   permit certain direct recording electronic voting systems and to regulate the use of automatic tabulating equipment.

     Was read the first time.

     HB 1011   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   revise the method by which a withholding order may be served for the purpose of collecting child support.

     Was read the first time.

     HB 1012   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services



       FOR AN ACT ENTITLED, An Act to   implement the requirements of the national medical support notice regarding the collecting of child support.

     Was read the first time.

     HB 1013   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   define the term, abuse, as it relates to felony child abuse.

     Was read the first time.

     HB 1014   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   eliminate a need for a witness to the signature of an applicant and to impose a penalty for any false statement in an application regarding the crime victim's compensation program.

     Was read the first time.

     HB 1015   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

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

     Was read the first time.

     HB 1016   Introduced by:  The Committee on Judiciary at the request of the Department of Social Services

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

     Was read the first time.

     HB 1017   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to the commitment of persons with developmental disabilities.



     Was read the first time.

     HB 1018   Introduced by:  The Committee on Education at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   grant the Board of Regents exclusive jurisdiction to investigate civil claims or controversies involving charges of academic misconduct by its employees and to adjudicate contested cases involving such matters.

     Was read the first time.

     HB 1019   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to livestock brands and livestock ownership inspection.

     Was read the first time.

     HB 1020   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise the term of retention of certain records by insurers and to require certain delivery receipts to be forwarded to an insurer.

     Was read the first time.

     HB 1021   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise the record retention period for certain insurance licensees and registrants.

     Was read the first time.

     HB 1022   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   repeal the requirement that certain affiliated companies be treated as one health insurance carrier.

     Was read the first time.



     HB 1023   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   provide motor carrier inspectors enforcement authority for certain violations regarding the licensing of commercial drivers.

     Was read the first time.

     HB 1024   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise the penalties for overweight vehicle violations.

     Was read the first time.

     HB 1025   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the first time.

     HB 1026   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   disqualify a person from operating a commercial motor vehicle for certain traffic convictions regarding railroad crossings and to provide certain penalties.

     Was read the first time.

     HB 1027   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain residency requirements regarding the issuance and renewal of insurance.

     Was read the first time.

     HB 1028   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation



       FOR AN ACT ENTITLED, An Act to   establish a procedure for return of associate licenses when certain action is taken against a responsible real estate broker.

     Was read the first time.

     HB 1029   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   repeal certain producer licensing requirements, to revise certain producer and administrator standards for licensure, and to provide procedural requirements for certain disciplinary proceedings.

     Was read the first time.

     HB 1030   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   authorize the highway patrol to promulgate rules regarding splash aprons and flaps for motor vehicles.

     Was read the first time.

     HB 1031   Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

       FOR AN ACT ENTITLED, An Act to   permit the use of electronic signatures to authorize employee payroll deductions.

     Was read the first time.

     HB 1032   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System

       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.

     Was read the first time.

     HB 1033   Introduced by:  The Committee on Retirement Laws at the request of the South Dakota Retirement System


       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.

     Was read the first time.

     HB 1034   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   reduce the legal blood alcohol limits for motor vehicle drivers.

     Was read the first time.

     HB 1035   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   increase the gross receipts tax on certain vehicle rentals.

     Was read the first time.

     HB 1036   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

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

     Was read the first time.

     HB 1037   Introduced by:  The Committee on Transportation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Revenue to deny a motor vehicle registration or title to certain commercial motor carriers and to provide for the suspension or revocation of certain commercial motor carrier registration, license plates, or permits.

     Was read the first time.

     HB 1038   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation



       FOR AN ACT ENTITLED, An Act to   authorize certain law enforcement vehicles to exceed speed limits without the use of an audible siren, air horn, or flashing emergency lights under certain conditions.

     Was read the first time.

     HB 1039   Introduced by:  The Committee on State Affairs at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   allow an application for a concealed pistol permit to be filed electronically.

     Was read the first time.

     HB 1040   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   provide for the treatment of Indian tribes for purposes of unemployment insurance.

     Was read the first time.

     HB 1041   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   revise certain nonresident license requirements to fish.

     Was read the first time.

     HB 1042   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Game, Fish and Parks to revise the expiration date of certain hunting licenses.

     Was read the first time.

     HB 1043   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

       FOR AN ACT ENTITLED, An Act to   modify the nonresident licensure requirements for hunting sandhill crane.



     Was read the first time.

     HB 1044   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the availability to the public of vital records.

     Was read the first time.

     HB 1045   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   revise certain voucher approval authority for the state fire suppression special revenue fund.

     Was read the first time.

     HB 1046   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   provide authority to suspend or revoke a milk sampler and grader's license.

     Was read the first time.

     HB 1047   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

       FOR AN ACT ENTITLED, An Act to   authorize a system for the collection, accounting, and reimbursement of normal and extraordinary structural fire protection efforts resulting from wildfire.

     Was read the first time.

     HB 1048   Introduced by:  The Committee on State Affairs at the request of the Bureau of Administration

       FOR AN ACT ENTITLED, An Act to   allow the submission of sealed bids by electronic means.

     Was read the first time.



     HB 1049   Introduced by:  The Committee on State Affairs at the request of the Bureau of Administration

       FOR AN ACT ENTITLED, An Act to   authorize the use of online reverse auctions for state purchases.

     Was read the first time.

     HB 1050   Introduced by:  The Committee on State Affairs at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   revise the definition of a grain dealer.

     Was read the first time.

     HB 1051   Introduced by:  The Committee on State Affairs at the request of the Public Utilities Commission

       FOR AN ACT ENTITLED, An Act to   revise the definition of a state agency regarding certain disclosures by a state agency of information concerning a private entity.

     Was read the first time.

     HB 1052   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the state training school and the state juvenile reformatory.

     Was read the first time.

     HB 1053   Introduced by:  The Committee on State Affairs at the request of the Department of Corrections

       FOR AN ACT ENTITLED, An Act to   permit a victim of sliming to request that the defendant be tested for blood-borne pathogens and that the test results be disclosed to the victim.

     Was read the first time.


REPORTS OF SELECT COMMITTEES



MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Seventy-seventh Legislative Session be January 8 through January 11, January 14 through January 18, January 22 through January 26, January 28 through February 1, February 4 through February 8, February 11 through February 15, February 19 through February 23, and March 12.

Respectfully submitted,    Respectfully submitted,
Jay Duenwald        Arnold Brown
Mike Jaspers    Barbara Everist
Sam Nachtigal    Garry Moore
House Committee    Senate Committee

     Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Seventy-seventh Legislative Session be adopted.

     Which motion prevailed and the report was adopted.

Also MR. SPEAKER:

Your Joint-Select Committee appointed relative to securing chaplains for the Seventy-seventh Legislative Session respectfully reports:

We have conferred with the Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Pastor Roger Easland, Congregational United Church of Christ, as chief chaplain, to serve the Senate and House as chaplains throughout the Seventy-seventh session of the Legislature. The chaplains are as follows:

Stan Adelstein, Hal Barber, Theodora Boolin, Michele Bradley, Roger Easland, John Fette, Harvey Friez, Howard Grinager, Roger Heidt, Christopher Hughes, Geraldine King, Dale Kutil, Dodie Noordemeer, Jerry Oberg, Ruth Oberg, William Osborn, Craig Petrick, Shirley Sandberg, Gale Shafer, Brad Urbach, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Jeff Monroe    Arlene Ham
Cooper Garnos    Royal "Mac" McCracken
Charles Flowers    Robert Duxbury
House Committee    Senate Committee


     Rep. Bill Peterson moved that the House do now recess for the Joint Session, which motion prevailed.

RECESS

JOINT SESSION


    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, William J. Janklow. The President of the Senate, Carole Hillard, presiding.

    The following prayer was delivered by Pastor Roger Easland, First Congregational United Church of Christ, Pierre, South Dakota:

    God, full of wonder and the source of everything wise and good, we ask Your blessing on this joint session of the 2002 Legislature. We are not shy or ashamed to ask for Your help.

    Guard Your servants here against every distraction and structure of resistance. Guard our nation from tyranny and terror. Indeed, help us keep the torch of liberty burning bright.

    Bless Governor Janklow, all Legislators, all civil servants, all citizens of our great state. God bless America.

    I pray in the name of Jesus Christ. Amen.

    The Secretary of the Senate, Patricia Adam, called the roll of the Senate and the following members were present:

Albers; Apa; Bogue; Brosz; Brown, Arnold; Cradduck; Daugaard; de Hueck; Dennert; Diedrich, Larry; Diedtrich, Elmer; Drake; Duxbury; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson, Ed; Putnam; Reedy; Staggers; Sutton, Dan; Symens; Vitter; Volesky; Whiting

    The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Abdallah; Bartling; Begalka; Bradford; Broderick; Brown, Jarvis; Brown, Richard; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen, Tom; Hanson, Gary; Hargens; Heineman; Hennies, Don; Hennies, Thomas; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson, Mel; Pederson, Gordon; Peterson, Bill; Peterson, Jim; Pitts; Pummel;



Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton, Duane; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

    Sen. Everist moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable William J. Janklow, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Reps. Bill Peterson, Napoli, Mel Olson, and Burg on the part of the House and Sens. Everist, Bogue, and Hutmacher on the part of the Senate.

    The Sergeant at Arms announced the arrival of the Honorable William J. Janklow, who was escorted to the rostrum.

    The Lieutenant Governor, Carole Hillard, introduced the Honorable William J. Janklow, who delivered the State of the State Address.

    Sen. Everist moved that the Joint Session do now dissolve.

    Which motion prevailed.

    The House reconvened at 2:44 p.m., Mr. Speaker presiding.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 2:45 p.m. the House adjourned.

Karen Gerdes, Chief Clerk