JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 15, 2002

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Jared Knock.

     Roll Call: All members present.

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 fifth 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1026 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1023 and 1025 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2, line 2 of the printed bill, overstrike " is more than " and insert " exceeds ".

     On page 2 , line 2, after " five thousand pounds " insert " and is ten thousand pounds or less ".

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

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

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1041 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 HB 1042 and 1043 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

1019ta
     On page 3, line 1 of the printed bill, after " records " insert " , or unless the person has the hide of each slaughtered carcass available for inspection ".

     And that as so amended said bill do pass.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1027 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1022, 1028, and 1029 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1020 and returns the same with the recommendation that said bill be amended as follows:

1020jc
     On page 2, line 2 of the printed bill, before " delivery " insert " signed ".

     On page 2, line 16, before " delivery " insert " signed ".

     On page 3, line 8, before " delivery " insert " signed ".

     On page 3, line 22, before " delivery " insert " signed ".

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1021 and returns the same with the recommendation that said bill be amended as follows:

1021jb
     On page 3, line 4 of the printed bill, delete " this title " and insert "chapter 58-3".

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

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1036 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 Local Government respectfully reports that it has had under consideration HB 1007, 1008, and 1010 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill 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 HB 1018 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair
MESSAGES FROM THE SENATE


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 making arrangements for a memorial recognition of deceased former members of the House and Senate.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Requesting South Dakota's United States Senators not to attempt to repeal or rescind any of the tax relief legislation passed by the United States Congress in May 2001.

     Rep. McCaulley moved that HCR 1001 as found on page 99 of the House Journal be adopted.

h1001x

     Rep. Bill Peterson moved that HCR 1001 be amended as follows:

     On page 99, line 15 of the House Journal, delete " South Dakota's United States Senators " and insert "the United States Congress".

     On page 99 , line 22, delete " Democrats in the United States Senate " and insert "members of the United States Congress".

     Which motion prevailed and HCR 1001 was so amended.

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     Rep. Mel Olson moved that HCR 1001 be further amended as follows:

     On page 99, line 15 of the House Journal, delete " South Dakota's United States Senators " and insert "the United States Congress".

     On page 99 , line 22, delete " Democrats in the United States Senate " and insert "members of the United States Congress".

     On page 99 , line 28, after " implemented " insert ", unless the implementation of the tax cuts would interfere with the efforts of the United States to combat terrorism or would imperil the lives of our military service men and women".
h1001xa

     Rep. Flowers moved as a substitute motion that HCR 1001 be amended as follows:

     On page 99, line 28 of the House Journal, after " implemented " insert ", unless the implementation of the tax cuts would interfere with the efforts of the United States to combat terrorism or would imperil the lives of our military service men and women".

    A roll call vote was requested and supported.

     The question being on Rep. Flowers' substitute motion that HCR 1001 be amended.

     And the roll being called:

     Yeas 24, Nays 43, Excused 2, Absent 1

     Yeas:
Bartling; Bradford; Broderick; Brown (Jarvis); Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman; Speaker Eccarius

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

     Excused:
Adelstein; Slaughter

     Absent:
Duniphan

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

     There being no objection, Rep. Olson withdrew his motion.

     The question being on Rep. McCaulley's motion that HCR 1001 be adopted.

     And the roll being called:

     Yeas 60, Nays 8, Excused 1, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Broderick; Burg; Flowers; Hundstad; Kloucek; Sigdestad; Valandra; Van Norman

     Excused:
Slaughter

     Absent:
Nachtigal

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted as amended.

     HCR 1002   Introduced by:  Representatives Kloucek, Bartling, Elliott, Hargens, Nachtigal, and Van Gerpen and Senators Putnam, Hutmacher, and Moore

         A CONCURRENT RESOLUTION,  Urging the United States Army Corps of Engineers to reconsider its Draft Implementation Plan for the Final Biological Opinion on Operation of the Missouri River Main Stem Reservoir System.

     WHEREAS,  the Draft Implementation Plan for the Final Biological Opinion on Operation of the Missouri River Main Stem Reservoir System will damage property, the economy, and the recreational uses of the Missouri River and surrounding communities in Nebraska and South Dakota located between Fort Randall Dam and Lewis and Clark Lake; and

     WHEREAS,  the Draft Implementation Plan proposes to release much higher than normal flows from Fort Randall Dam until mid-June, then to release very low flows for six weeks, and then very high flows again in the fall; and

     WHEREAS,  the extreme high flows (over 40,000 cubic feet per second at Gavins Point Dam) will cause flooding in the spring and fall, and the low flows (less than 28,000 cubic feet per second at Gavins Point Dam) will ruin the Missouri River for recreation purposes in the summer, essentially a devastating combination for this area; and

     WHEREAS,  the cause of the problem is sedimentation in the Missouri River deposited at the headwaters of Lewis and Clark Lake by the Niobrara River and Ponca Creek, with Lewis and Clark Lake silting in very rapidly. Sediment from these tributaries has created deltas in the Missouri River channel, causing flood damage when releases from Fort Randall Dam are in the magnitude proposed in the Draft Implementation Plan; and

     WHEREAS,  the Missouri River Restoration Act of 2000 recognizes the problems and requires a comprehensive study to preserve the Missouri River; and

     WHEREAS,  the Corps of Engineers acknowledges the flooding problems in this particular area but the Draft Implementation Plan ignores the issue:

     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 United States Army Corps of Engineers be urged to address and solve the aforementioned problems before implementing the changes proposed in the Draft Implementation Plan.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HB 1005 as found on page 98 of the House Journal ; also

     State Affairs on HB 1049 as found on page 98 of the House Journal ; also

     Judiciary on HB 1011 as found on page 98 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1088   Introduced by:  Representatives Hennies (Don), Brown (Jarvis), Elliott, Hargens, Hennies (Thomas), Peterson (Jim), and Van Gerpen and Senator Staggers

       FOR AN ACT ENTITLED, An Act to   permit appeals to the board of county commissioners for missing the deadline for filing a property assessment appeal.

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

     HB 1089   Introduced by:  Representatives Hennies (Don), Brown (Jarvis), Elliott, Hargens, Hennies (Thomas), Peterson (Jim), and Van Gerpen and Senators Staggers and Daugaard

       FOR AN ACT ENTITLED, An Act to   revise the date for the filing of owner-occupied classification certificates.

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


      HB 1090   Introduced by:  Representatives Begalka, Brown (Jarvis), Duenwald, Hanson (Gary), Jensen, Juhnke, Rhoden, and Sigdestad and Senators Dennert and Koskan

       FOR AN ACT ENTITLED, An Act to   restrict hunting from within certain public right-of- way areas that are adjacent to certain shooting preserves.

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

     HB 1091   Introduced by:  Representatives Adelstein, Klaudt, and Van Etten and Senators Putnam and Apa

       FOR AN ACT ENTITLED, An Act to   make compliance with federal selective service requirements a condition of obtaining certain driver licenses.

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

     HB 1092   Introduced by:  Representatives Adelstein, Klaudt, and Van Etten and Senators Brown (Arnold), Apa, and Madden

       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 first time and referred to the Committee on Appropriations.

     HB 1093   Introduced by:  Representatives Kooistra, Bradford, Davis, Garnos, Michels, Olson (Mel), and Sebert and Senators Munson, McCracken, and McIntyre

       FOR AN ACT ENTITLED, An Act to   revise certain reemployment requirements in the South Dakota Retirement System.

     Was read the first time and referred to the Committee on Retirement Laws.

     HB 1094   Introduced by:  Representatives Begalka, Clark, Elliott, Fryslie, Hanson (Gary), Holbeck, Kloucek, Kooistra, McCoy, Peterson (Jim), Sigdestad, Van Gerpen, and Van Norman and Senators Staggers, Dennert, McIntyre, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise the definition of average daily membership in the state aid to education formula.

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

     HB 1095   Introduced by:  Representatives Hennies (Thomas), Brown (Jarvis), Brown (Richard), Garnos, Hennies (Don), Koistinen, Kooistra, Lintz, McCoy, Monroe, Murschel, Nesselhuf, Pederson (Gordon), Pitts, Rhoden, Slaughter, Van Etten, and Van Gerpen and Senators Ham, Dennert, McIntyre, Moore, Reedy, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   require the transfer of certain funds.

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

     HB 1096   Introduced by:  Representatives Hennies (Thomas), Adelstein, Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Hanson (Gary), Hargens, Hennies (Don), Holbeck, Hundstad, Kloucek, Kooistra, Lange, McCoy, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, and Van Norman and Senators Olson (Ed), Dennert, Duxbury, Ham, Hutmacher, McIntyre, Moore, Reedy, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     HB 1097   Introduced by:  Representatives Lintz, Duniphan, Hanson (Gary), Jensen, Napoli, Pederson (Gordon), Rhoden, and Sigdestad and Senators Vitter and Koskan

       FOR AN ACT ENTITLED, An Act to   establish certain classifications of property and to revise the tax levy for the general fund purposes of a school district.

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

     HB 1098   Introduced by:  Representatives Lange and Peterson (Jim) and Senator Hagen

       FOR AN ACT ENTITLED, An Act to   allow certain party hunting practices in the hunting of big game.

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

     HB 1099   Introduced by:  Representatives Wick, Begalka, Hansen (Tom), and Klaudt and Senators Diedtrich (Elmer), Brown (Arnold), and Greenfield

       FOR AN ACT ENTITLED, An Act to   require legal newspapers to print obituaries without charge.

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


      HB 1100   Introduced by:  Representatives Richter, Begalka, Brown (Richard), Eccarius, Flowers, Heineman, Madsen, Murschel, Olson (Mel), Sutton (Duane), and Teupel and Senators McCracken, Albers, Dennert, Hutmacher, Koetzle, McIntyre, Moore, Munson, Olson (Ed), Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   allow for certain warranties to be purchased out of a school district's capital outlay fund.

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

     HB 1101   Introduced by:  Representatives Richter, Adelstein, Begalka, Holbeck, Murschel, and Sutton (Duane) and Senators McCracken, McIntyre, Moore, Olson (Ed), and Putnam

       FOR AN ACT ENTITLED, An Act to   provide funding to school districts for operating a school term greater than one hundred seventy-five days.

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

     HB 1102   Introduced by:  Representatives Pederson (Gordon), Nachtigal, and Van Gerpen and Senators Vitter and Hutmacher

       FOR AN ACT ENTITLED, An Act to   revise the gross receipts tax that applies to certain telephone companies.

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

     HB 1103   Introduced by:  Representatives Konold, Bradford, Brown (Jarvis), Frost, Hansen (Tom), Hanson (Gary), Hunhoff, Juhnke, Madsen, Pummel, Sebert, and Smidt and Senators Bogue, Albers, Brown (Arnold), Ham, Kleven, McCracken, Moore, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise the license applications fees and renewal fees for real estate licensees.

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

     HB 1104   Introduced by:  Representative Brown (Jarvis) and Senator Whiting

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

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

     HB 1105   Introduced by:  Representatives Brown (Richard), Broderick, Davis, Murschel, and Olson (Mel) and Senators Munson, Albers, Cradduck, Dennert, Hutmacher, Koetzle, McIntyre, Moore, Olson (Ed), Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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

     HB 1106   Introduced by:  Representatives Van Etten, Adelstein, Brown (Jarvis), Duniphan, Frost, Gillespie, Glenski, Hennies (Thomas), Hundstad, Hunhoff, Madsen, McCaulley, Michels, Monroe, Nesselhuf, Pederson (Gordon), Peterson (Bill), Rhoden, Sigdestad, Slaughter, and Teupel and Senators Cradduck, Apa, Brosz, Brown (Arnold), Daugaard, Everist, Greenfield, Ham, Madden, McCracken, McIntyre, Olson (Ed), and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the confidential nature of peer review activities of physicians.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1107   Introduced by:  Representatives Napoli, Burg, Duenwald, Duniphan, Flowers, Hennies (Thomas), Jaspers, Jensen, Juhnke, Michels, Olson (Mel), and Peterson (Bill) and Senators Apa, Diedrich (Larry), Everist, Hutmacher, and Moore

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding pistol permits held by retired law enforcement officers.

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

     HB 1108   Introduced by:  Representatives Van Etten, Abdallah, Adelstein, Broderick, Brown (Jarvis), Brown (Richard), Duniphan, Glenski, Hansen (Tom), Heineman, Hennies (Don), Hennies (Thomas), Kooistra, McCaulley, McCoy, Murschel, Pederson (Gordon), Pummel, Rhoden, and Sigdestad and Senators Ham, Hutmacher, Madden, McCracken, Vitter, and Whiting

       FOR AN ACT ENTITLED, An Act to   require that counties be reimbursed for housing persons sent to county jail in lieu of the penitentiary.

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

     HB 1109   Introduced by:  Representatives Van Etten, Adelstein, Brown (Richard), Duniphan, Glenski, Hansen (Tom), Hennies (Thomas), McCaulley, McCoy, Murschel, Peterson (Bill), and Pummel and Senators Vitter, Brosz, Daugaard, Ham, Kleven, McCracken, and Whiting


       FOR AN ACT ENTITLED, An Act to   exempt local governments from certain competitive bid requirements.

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

     HB 1110   Introduced by:  Representatives Konold, Brown (Jarvis), Frost, Garnos, Hanson (Gary), Juhnke, Olson (Mel), Pitts, Pummel, Sebert, and Smidt and Senators Bogue, Albers, Brown (Arnold), Ham, McCracken, Moore, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   consolidate the categories of real estate licenses.

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

     HB 1111   Introduced by:  Representatives Burg, Bartling, Begalka, Bradford, Brown (Jarvis), Davis, Elliott, Flowers, Frost, Fryslie, Hanson (Gary), Hargens, Hennies (Don), Hundstad, Jensen, Klaudt, Kloucek, Kooistra, McCoy, Nachtigal, Olson (Mel), Peterson (Jim), Pummel, Rhoden, Sigdestad, Slaughter, and Van Gerpen and Senators Duxbury, Dennert, Diedrich (Larry), Greenfield, Hutmacher, McIntyre, Moore, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), and Symens

       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 first time and referred to the Committee on Appropriations.

     HB 1112   Introduced by:  Representatives Pitts, Bartling, Begalka, Bradford, Brown (Jarvis), Davis, Duniphan, Elliott, Flowers, Frost, Hanson (Gary), Hargens, Hennies (Don), Holbeck, Hundstad, Lange, Lintz, Madsen, Nachtigal, Nesselhuf, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Van Etten, and Van Gerpen and Senators Diedrich (Larry), Brown (Arnold), Duxbury, Hutmacher, McIntyre, Olson (Ed), Reedy, Sutton (Dan), Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   allow school boards to initiate a vote relating to the imposition of an excess tax levy.

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

     HB 1113   Introduced by:  Representatives Hennies (Thomas), Hennies (Don), Kooistra, McCoy, Monroe, Murschel, Nesselhuf, Pederson (Gordon), Pitts, Slaughter, Van Etten, and Van Gerpen and Senators Whiting, Daugaard, de Hueck, Dennert, Ham, Kleven, McCracken, McIntyre, Moore, Olson (Ed), Reedy, Staggers, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   require the Department of Corrections to seek accreditation by the American Correctional Association, to make an appropriation therefor, and to declare an emergency.


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

     HB 1114   Introduced by:  Representatives Kooistra, Bradford, Burg, Klaudt, Kloucek, McCoy, Valandra, and Van Norman and Senators Hagen and Moore

       FOR AN ACT ENTITLED, An Act to   revise the assistance level for temporary assistance for needy families.

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

     HB 1115   Introduced by:  Representatives Kooistra, Flowers, Fryslie, Hansen (Tom), Hanson (Gary), and Lange and Senators Albers, Duxbury, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the letting of township highway projects.

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

     HB 1116   Introduced by:  Representatives McCaulley, Begalka, Brown (Jarvis), Duenwald, Duniphan, Eccarius, Frost, Fryslie, Garnos, Hansen (Tom), Hennies (Don), Hennies (Thomas), Hunhoff, Jaspers, Jensen, Juhnke, Klaudt, Koistinen, Lintz, Madsen, McCoy, Michels, Monroe, Murschel, Napoli, Pederson (Gordon), Peterson (Bill), Rhoden, Sebert, Slaughter, Smidt, Sutton (Duane), Teupel, Van Etten, Van Gerpen, and Wick and Senators Bogue, Apa, Brosz, Brown (Arnold), Cradduck, de Hueck, Diedrich (Larry), Diedtrich (Elmer), Everist, Greenfield, Koskan, Madden, McCracken, Putnam, and Vitter

       FOR AN ACT ENTITLED, An Act to   prohibit a person from being on the general election ballot for President or vice-president and another office.

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

     HB 1117   Introduced by:  Representatives Madsen, Broderick, Brown (Jarvis), Flowers, Pederson (Gordon), Peterson (Bill), Solum, and Sutton (Duane) and Senators Munson, Brown (Arnold), Diedtrich (Elmer), McCracken, Reedy, Sutton (Dan), and Vitter

       FOR AN ACT ENTITLED, An Act to   provide rule-making authority regarding the use of credit histories by insurers when underwriting or rating certain insurance applications or renewing insurance policies.

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

     HJR 1002   Introduced by:  Representatives Adelstein and Van Etten and Senators Whiting, Apa, and Ham


       A JOINT RESOLUTION,   Proposing and submitting to the voters at the next general election the repeal of certain sections of Article XVII of the Constitution of the State of South Dakota relating to corporate or syndicate farming.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1048:   FOR AN ACT ENTITLED, An Act to   allow the submission of sealed bids by electronic means.

     Was read the second time.

     The question being "Shall HB 1048 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 1, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; 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; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Flowers; Hundstad

     Excused:
Slaughter

     Absent:
Adelstein

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1015:   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 second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Valandra; Van Norman

     Excused:
Slaughter; Teupel

     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 1014:   FOR AN ACT ENTITLED, An Act to   eliminate a need for a witness to the signature of an applicant.

     Was read the second time.

     The question being "Shall HB 1014 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 13, Excused 2, Absent 0

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

     Nays:
Elliott; Flowers; Gillespie; Hargens; Hundstad; Klaudt; Kloucek; Madsen; McCaulley; Nachtigal; Peterson (Jim); Rhoden; Van Gerpen

     Excused:
Slaughter; Teupel

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

     Was read the second time.

     The question being "Shall HB 1016 pass?"

     And the roll being called:

     Yeas 54, Nays 15, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Konold; Kooistra; Lange; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sigdestad; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Speaker Eccarius

     Nays:
Derby; Hargens; Hennies (Don); Klaudt; Koistinen; Lintz; Madsen; McCaulley; Monroe; Napoli; Peterson (Jim); Rhoden; Sebert; Van Gerpen; Wick

     Excused:
Slaughter

     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.

COMMEMORATIONS


     HC 1003   Introduced by:  Representatives Kloucek, Bartling, Begalka, Bradford, Davis, Elliott, Gillespie, Hanson (Gary), and Nachtigal and Senators Moore, Hutmacher, and Putnam

         A LEGISLATIVE COMMEMORATION,  Honoring Sergeant Deono Miller for his Vietnam service.

     WHEREAS,  Sergeant Deono Miller of Olivet, South Dakota, a veteran of the United States Army, served in Vietnam from July 1968 through July 1969, at the height of the Vietnam War, as an infantryman with the 9th Infantry Division. Sergeant Miller served as an infantry point man in the Mekong Delta with the Mobile Riverine Force and later as a sniper in the Dong Tam, Ben Tre, and Tiger's Lair areas; and

     WHEREAS,  during his Vietnam service, Sergeant Miller performed his duties in an exemplary manner and is a highly decorated combat veteran. His awards include the Silver Star, the nation's third highest award for heroism in combat, as well as the Combat Infantryman's Badge, three awards of the Bronze Star with "V" Device for valor, and three awards of the Army Commendation Medal with "V" device for valor, and the Air Medal, together with numerous campaign and service medals; and

     WHEREAS,  Mr. Deono Miller and his wife, Lonna, farm in the Olivet, South Dakota, area and are the parents of three daughters, Kari, Kristi, and Katina. Mr. Miller has returned to Vietnam twice, in 1996 and 1999, to visit the areas of his military service:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the South Dakota Legislature expresses its respect and its deepest thanks to Mr. Deono Miller, of Olivet, South Dakota, for his sacrifices and his distinguished service in Vietnam and for his continued efforts on behalf of other veterans.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 2:54 p.m. the House adjourned.

Karen Gerdes, Chief Clerk