House Journal 01/17/2002 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SEVENTH SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 17, 2002

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

The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Megan Kruse.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the seventh 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

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1047 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 1045 and 1046 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1066 and 1080 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 1009 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete line 5 , and insert "if twenty percent of the landowners within the municipality who are also registered".

On page 2 , delete line 18 , and insert "department or not, may be included in the rural fire district if twenty percent of the".

On page 2 , delete line 19 , and insert "landowners within the municipality who are also registered voters within the municipality sign".

And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 20 of the printed bill, delete " Department of Revenue or the department's " and insert "secretary of revenue or the secretary's".

On page 10 , delete lines 2 to 24 , inclusive.

On page 11 , delete lines 1 to 24 , inclusive.

On page 12 , delete lines 1 to 12 , inclusive.

On page 12 , line 20, delete " discounts for any purpose allowed and taken " .

On page 12 , line 21, delete " on sales may not be included as gross receipts, nor may " .

On page 12 , line 22, after " customers " insert "are not gross receipts".

On page 13 , delete lines 13 to 16 , inclusive.

On page 14 , delete lines 2 to 5 , inclusive, and insert "There are exempted from the provisions of this chapter and the tax imposed by it, gross receipts from the sale of parts or repairs on machinery or equipment which are clearly identifiable as used primarily for agricultural purposes, including irrigation equipment, if the part replaces a farm machinery or irrigation equipment part assigned a specific or generic part number by the manufacturer of the farm machinery or irrigation equipment.".

On page 17 , line 6, delete " 10-59-19 " and insert "10-59-22".

On page 19 , line 9, delete " , digital products, " .

On page 19 , line 10, delete " , digital product, " .

On page 21 , line 23, remove the overstrikes from " ~~tangible goods, wares, merchandise, gas, and~~ " .

On page 21 , remove the overstrikes from line 24 .

On page 22 , delete lines 1 and 2 .

On page 22 , line 3, delete " includes electricity, water, gas, and steam " .

On page 22 , delete lines 12 to 24 , inclusive.

On page 23 , delete lines 1 to 24 , inclusive.

On page 24 , delete lines 1 to 24 , inclusive.

On page 25 , delete lines 3 to 6 , inclusive, and insert "There are exempted from the provisions of this chapter and the tax imposed by it, the use of parts or repairs on machinery or equipment which are clearly identifiable as used primarily for agricultural purposes, including irrigation equipment, if the part replaces a farm machinery or irrigation equipment part assigned a specific or generic part number by the manufacturer of the farm machinery or irrigation equipment.".

On page 28 , line 17, overstrike " If the proceeds of the tax " .

On page 28 , overstrike lines 18 to 20 , inclusive.

On page 31 , after line 1, insert:

" Section 48. That chapter 10-52 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of the tax imposed by this chapter, the transportation of tangible personal property and passengers shall be taxed only if the origins and destination of the property or passenger are within the same municipality."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill be amended as follows:

On page 6 of the printed bill, delete lines 1 and 2 , and insert:

" Section 12. The definitions, administrative, collection, and enforcement provisions of chapters 10-45 and 10-46 apply to the tax imposed by this Act, where applicable.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill be amended as follows:

On page 4 of the printed bill, delete lines 15 and 16 , and insert:

" Section 7. The definitions, administrative, collection, and enforcement provisions of chapters 10-45 and 10-46 apply to the tax imposed by this Act, where applicable.".

And that as so amended said bill do pass.

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

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1040 and 1078 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 1073 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, after " payable " insert "directly to the ambulance service or".

On page 1, line 6 of the printed bill, after " service. " insert "The provisions of this section only apply to nonprofit ambulance services.".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1075 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5 of the printed bill, delete " without limitation as to its capital stock and surplus, " .

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 Education respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1100 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1063 and tabled the same.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE

I have the honor to transmit herewith SB 10, 22, 27, 28, 31, 33, and 43 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Requesting the appointment of a special task force to study a corporate franchise tax and propose a ballot measure and legislation concerning a corporate franchise tax to fund secondary education.

Rep. Kloucek moved that HCR 1003 as found on pages 129 and 130 of the House Journal be adopted.

Rep. Mel Olson moved as a substitute motion that HCR 1003 be laid on the table.

The question being on Rep. Mel Olson's substitute motion that HCR 1003 be laid on the table.

And the roll being called:

Yeas 63, Nays 6, Excused 0, Absent 1

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

Nays:
Frost; Hundstad; Kloucek; Lange; Nachtigal; Valandra

Absent:
Peterson (Jim)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was laid on the table.

HCR 1004: A CONCURRENT RESOLUTION, Urging the study of the problem of teenage in-vehicle drinking and drug use.

Rep. Davis moved that HCR 1004 as found on pages 130 and 131 of the House Journal be adopted.

The question being on Rep. Davis's motion that HCR 1004 be adopted.

And the roll being called:

Yeas 36, Nays 34, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Kloucek; Kooistra; Lange; Madsen; McCoy; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Sigdestad; Smidt; Solum; Valandra; Van Norman; Speaker Eccarius

Nays:
Broderick; Derby; Duenwald; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; McCaulley; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.

Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m., on Friday, January 18^th, the 9^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1017 as found on page 126 of the House Journal ; also

State Affairs on HB 1039 as found on page 127 of the House Journal ; also

State Affairs on HB 1054 as found on page 128 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1209 Introduced by: Representatives Smidt, Broderick, Pitts, and Sebert and Senators Diedrich (Larry) and Brown (Arnold)

FOR AN ACT ENTITLED, An Act to revise the qualifications for an owner-occupied single-family dwelling classification.

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

HB 1210 Introduced by: Representatives Smidt, Broderick, Konold, Napoli, Pitts, and Sebert and Senators Diedrich (Larry) and Brown (Arnold)

FOR AN ACT ENTITLED, An Act to consider the value of certain insurance checks when calculating the purchase price of a motor vehicle.

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

HB 1211 Introduced by: Representative Abdallah and Senator McCracken

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

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

HB 1212 Introduced by: Representatives Garnos, Klaudt, Lintz, McCoy, Pederson (Gordon), and Rhoden and Senator Vitter

FOR AN ACT ENTITLED, An Act to provide for the recovery of certain expenses in an action brought by any person whose land, property, or material is being purchased by the Department of Transportation.

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

HB 1213 Introduced by: Representatives McCaulley, Eccarius, and Garnos

FOR AN ACT ENTITLED, An Act to affect education in South Dakota.

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

HB 1214 Introduced by: Representatives Jaspers, Flowers, and Pederson (Gordon) and Senators Hutmacher and Everist

FOR AN ACT ENTITLED, An Act to revise certain administrative rules relating to pesticide applicators.

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

HB 1215 Introduced by: Representatives Lintz, Frost, Hennies (Thomas), Jensen, Pederson (Gordon), Pummel, Rhoden, Slaughter, and Teupel and Senators Vitter, Albers, and Apa

FOR AN ACT ENTITLED, An Act to provide that certain malicious or groundless judicial proceedings involving environmental impact statements constitute abuse of judicial process and to provide a penalty for the violation thereof.

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

HB 1216 Introduced by: Representatives Duniphan, Abdallah, Burg, Derby, Klaudt, Madsen, McCoy, Pederson (Gordon), Pitts, Van Gerpen, and Wick and Senators Vitter, Brown (Arnold), Daugaard, Madden, Munson, and Whiting

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

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

HB 1217 Introduced by: Representatives Hansen (Tom), Begalka, Jaspers, Jensen, Klaudt, and Napoli and Senators Drake and Dennert

FOR AN ACT ENTITLED, An Act to amend certain administrative rules related to livestock feed labeling, handling, and storage.

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

HB 1218 Introduced by: Representatives Gillespie, Bartling, Davis, Hennies (Thomas), Madsen, Monroe, Murschel, Nesselhuf, Olson (Mel), and Peterson (Jim) and Senators Whiting and Moore

FOR AN ACT ENTITLED, An Act to revise the definition of the term, crime of violence.

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

HB 1219 Introduced by: Representative Hennies (Thomas) and Senator Ham

FOR AN ACT ENTITLED, An Act to revise the index factor for determining certain freezes on property assessments.

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

HB 1220 Introduced by: Representatives Murschel, Bartling, Brown (Jarvis), Davis, Derby, Hennies (Thomas), Jensen, Juhnke, Kooistra, Madsen, and Slaughter and Senators Everist and Daugaard

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

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

HB 1221 Introduced by: Representatives Hargens, Bartling, Burg, Elliott, Hennies (Don), Hennies (Thomas), Holbeck, Jensen, Lange, Lintz, Madsen, Olson (Mel), Peterson (Jim), Pitts, Rhoden, Sigdestad, and Van Gerpen and Senators Duxbury, Daugaard, Dennert, Koskan, Putnam, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to revise the date for filing certain certificates of nomination.

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

HB 1222 Introduced by: Representative Holbeck and Senators Diedtrich (Elmer), Daugaard, Dennert, Olson (Ed), and Reedy

FOR AN ACT ENTITLED, An Act to provide for the compensation of librarians and library employees.

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

HB 1223 Introduced by: Representatives Juhnke, Duenwald, and Jensen and Senator Koskan

FOR AN ACT ENTITLED, An Act to increase the penalties for certain trespassing offenses.

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

HB 1224 Introduced by: Representatives Hunhoff, Abdallah, Murschel, and Pitts and Senators Daugaard, Cradduck, Hutmacher, Madden, and Moore

FOR AN ACT ENTITLED, An Act to prohibit interference with the use of communication devices to summon emergency aid.

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

HB 1225 Introduced by: Representatives Madsen and Van Gerpen and Senator Bogue

FOR AN ACT ENTITLED, An Act to require certain information on forms requesting assistance from the state to be verified under oath as true and correct and to provide certain penalties for violations thereof.

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

HB 1226 Introduced by: Representatives Jaspers, Glenski, McCaulley, and Wick and Senators Daugaard and Whiting

FOR AN ACT ENTITLED, An Act to eliminate certain waiting periods and notice requirements associated with certificates of release for mortgages.

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

HB 1227 Introduced by: Representative McCaulley and Senator Bogue

FOR AN ACT ENTITLED, An Act to prohibit the faxing or e-mailing of unsolicited advertising materials.

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

HB 1228 Introduced by: Representatives Olson (Mel), Begalka, Jaspers, and Nesselhuf and Senators Whiting, Hutmacher, Munson, Reedy, and Volesky

FOR AN ACT ENTITLED, An Act to provide for the creation of a no solicitation calls list for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation account, and to establish certain fees and civil penalties.

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

HB 1229 Introduced by: Representatives Lintz, Duenwald, Fryslie, Hansen (Tom), Jensen, Klaudt, Pederson (Gordon), Rhoden, and Sigdestad and Senators Diedrich (Larry), Dennert, Drake, Koskan, and Vitter

FOR AN ACT ENTITLED, An Act to revise the procedure for assessing agricultural property and to repeal the nonagricultural acreage classification.

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

HB 1230 Introduced by: Representatives Peterson (Jim), Begalka, Bradford, Burg, Gillespie, Hanson (Gary), Hargens, Hundstad, Nachtigal, Sigdestad, and Van Gerpen and Senators Symens, Dennert, Diedrich (Larry), Duxbury, Reedy, and Vitter

FOR AN ACT ENTITLED, An Act to require that certain state vehicles be equipped as flexible fuel vehicles.

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

HB 1231 Introduced by: Representatives Peterson (Jim), Begalka, Bradford, Burg, Gillespie, Hanson (Gary), Hargens, Hundstad, Nachtigal, Sigdestad, and Van Gerpen and Senators Symens, de Hueck, Dennert, Diedrich (Larry), Duxbury, Reedy, and Vitter

FOR AN ACT ENTITLED, An Act to require the use of ethanol fuel in certain state vehicles.

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

HB 1232 Introduced by: Representatives Garnos, Elliott, Klaudt, Kooistra, and McCaulley and Senators Olson (Ed), McIntyre, and Sutton (Dan)

FOR AN ACT ENTITLED, An Act to provide for certain grants to school districts and to make an appropriation therefor.

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

HB 1233 Introduced by: Representatives Garnos, Klaudt, McCaulley, Monroe, Napoli, and Pederson (Gordon) and Senators Apa, Greenfield, and Staggers

FOR AN ACT ENTITLED, An Act to provide compensation to retailers for collecting and remitting the sales tax on a monthly basis.

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

HB 1234 Introduced by: Representatives Heineman, Davis, and Derby and Senators Everist and McCracken

FOR AN ACT ENTITLED, An Act to clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

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

HB 1235 Introduced by: Representatives Duniphan, Abdallah, Brown (Jarvis), Brown (Richard), Davis, Hennies (Thomas), Jaspers, Juhnke, Madsen, Michels, Murschel, Sebert, Teupel, and Van Etten and Senators Whiting and McCracken

FOR AN ACT ENTITLED, An Act to establish a penalty for certain assaults against law enforcement officers.

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

HB 1236 Introduced by: Representatives Teupel, Adelstein, Derby, Duenwald, Duniphan, Eccarius, Hanson (Gary), Hennies (Thomas), Jaspers, Jensen, Juhnke, Klaudt, Lintz, Madsen, McCoy, Napoli, Pederson (Gordon), Peterson (Bill), Pummel, Rhoden, and Van Etten and Senators Apa, Bogue, Brown (Arnold), Diedrich (Larry), Ham, Kleven, Madden, McCracken, Symens, Vitter, and Whiting

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

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

HJR 1006 Introduced by: Representatives Kooistra, Begalka, and Lange and Senator McIntyre

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. Napoli requested that HB 1024 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

HB 1020: 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 second time.

The question being "Shall HB 1020 pass as amended?"

And the roll being called:

Yeas 68, Nays 0, Excused 1, Absent 1

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; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Bradford

Absent:
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 1021: FOR AN ACT ENTITLED, An Act to revise the record retention period for certain insurance licensees and registrants.

Was read the second time.

The question being "Shall HB 1021 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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); 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:
Hennies (Thomas); Kloucek

Excused:
Bradford

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 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions related to livestock brands and livestock ownership inspection.

Was read the second time.

Rep. Rhoden moved that HB 1019 be amended as follows:

On page 1, line 14 of the House Agriculture and Natural Resources Committee engrossed bill, after " letter " insert " , symbol ".

Which motion prevailed and HB 1019 was so amended.

The question being "Shall HB 1019 pass as amended?"

And the roll being called:

Yeas 69, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; 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; 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:
Olson (Mel)

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 1070: FOR AN ACT ENTITLED, An Act to provide for the confidentiality of certain personal information about justices and judges in South Dakota.

Was read the second time.

Speaker Pro tempore Michels now presiding.

Rep. Richard Brown moved the previous question.

Which motion prevailed.

The question being "Shall HB 1070 pass?"

And the roll being called:

Yeas 22, Nays 48, Excused 0, Absent 0

Yeas:
Abdallah; Brown (Jarvis); Duniphan; Fryslie; Gillespie; Glenski; Hanson (Gary); Heineman; Jaspers; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nesselhuf; Pitts; Pummel; Richter; Smidt; Wick

Nays:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Flowers; Frost; Garnos; Hansen (Tom); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rhoden; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

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

Speaker Eccarius now presiding.

Rep. Michels moved that the House do now recess for the Joint Memorial Service, which motion prevailed, and at 3:05 p.m. the House recessed.

Pursuant to the report of the Joint-Select Committee as found on pages 44 and 45 of the House Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following:

JOINT MEMORIAL RESOLUTION

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of ten former members of the South Dakota Legislature, namely: the Honorable Don A. Bierle, the Honorable Wesley Elwood, the Honorable Carl Ham, the Honorable Theodore Lerew, the Honorable John R. McDowell, the Honorable John R. Riedy, the Honorable Jack K. Rogers, the Honorable Duaine V. Swenson, the Honorable Herb Teske, and the Honorable Dean Eldon Wieczorek; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self- government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Seventy-seventh Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-seventh Session of the Legislature of the State of South Dakota, now assembled this 17th day of January, 2002, at Pierre, South Dakota.

The Joint Session was dissolved and the House reconvened at 3:45 p.m., the Speaker presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1037: 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 second time.

Rep. Broderick moved that HB 1037 be deferred to Tuesday, January 22^nd, the 10^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1038: 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 second time.

Rep. Monroe moved the previous question.

Which motion prevailed.

The question being "Shall HB 1038 pass?"

And the roll being called:

Yeas 43, Nays 23, Excused 3, Absent 1

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Davis; Duniphan; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jensen; Juhnke; Koistinen; Konold; Lange; Lintz; McCaulley; McCoy; Michels; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pummel; Rhoden; Richter; Sebert; Solum; Teupel; Van Etten; Wick; Speaker Eccarius

Nays:
Bradford; Burg; Duenwald; Elliott; Gillespie; Hargens; Holbeck; Jaspers; Klaudt; Kloucek; Kooistra; Monroe; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Pitts; Sigdestad; Slaughter; Sutton (Duane); Valandra; Van Gerpen; Van Norman

Excused:
Derby; Madsen; Smidt

Absent:
Clark

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 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the state training school and the state juvenile reformatory.

Was read the second time.

Rep. Bill Peterson moved that HB 1052 be deferred to Tuesday, January 22^nd, the 10^th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1053: 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 second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 3, Absent 1

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

Excused:
Derby; Madsen; Smidt

Absent:
Clark

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 10: FOR AN ACT ENTITLED, An Act to revise certain township election provisions.

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

SB 22: FOR AN ACT ENTITLED, An Act to adopt the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

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

SB 27: FOR AN ACT ENTITLED, An Act to revise the requirement for review of an insurance company's actuarial data after credit unemployment rate filings.

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

SB 28: FOR AN ACT ENTITLED, An Act to eliminate the requirement that appointed scale inspectors take an oath of office and post a performance bond.

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

SB 31: FOR AN ACT ENTITLED, An Act to update references to the codes of ethics for teachers and administrators.

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

SB 33: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

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

SB 43: FOR AN ACT ENTITLED, An Act to permit the recording of certain deeds to or from the State of South Dakota without platting.

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

COMMEMORATIONS

HC 1004 Introduced by: Representatives Duniphan, Abdallah, Adelstein, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Eccarius, 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, and Wick and Senators McCracken, 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, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

A LEGISLATIVE COMMEMORATION, Honoring and commending the members of the South Dakota National Guard.

WHEREAS, the South Dakota National Guard and its predecessor organizations have a long and distinguished history of service to the United States and to the state of South Dakota, including combat service in the Philippine Insurrection in 1899, the Mexican Border in 1916- 1917, World War I, World War II, Panama in 1989, and the Persian Gulf War of 1991, with federal activations outside the combat zone during the Korean War and the 1961 Berlin Crisis. National Guard units have also served the state of South Dakota admirably in times of natural disaster and other emergencies, with the disastrous Rapid City flood of 1972 being a notable example; and

WHEREAS, the South Dakota National Guard, which includes units of the Army National Guard and the Air National Guard, continues to strive to maintain a challenging training

program and a high state of readiness. South Dakota units have participated in numerous overseas training exercises around the world serving side-by-side with regular units of the Armed Forces of the United States; and

WHEREAS, more recently, South Dakota National Guard units and personnel have performed hazardous duty in the Balkans and the Middle East, including patrolling the "no-fly" zone in Iraq and service in Kosovo, Bosnia, and Saudi Arabia. Following the attacks on the United States on September 11, 2001, South Dakota National Guard troops have been prepared to assist in the campaign against terror and have performed security duties at airports around the state, as well as continuing their missions in the Middle East:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that the South Dakota Legislature supports and appreciates the service and efforts of South Dakota's Army and Air National Guard personnel and units in times of peace and war and commends them on their proficiency and their devotion to duty. The people of South Dakota can be proud of the South Dakota National Guard and the services and sacrifices of its members throughout the history of the state.

Rep. Duniphan moved that the House do now adjourn, which motion prevailed and at 4:19 p.m. the House adjourned.

Karen Gerdes, Chief Clerk