JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 28, 2002

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

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

     Roll Call: All members present except Reps. Bradford, Broderick, and Murschel who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fourteenth 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.
     There being no objection, the House proceeded to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 16, 17, 23, 93, 124, and 127 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1009:   A CONCURRENT RESOLUTION,   Urging congressional approval of military retirement pay and veterans' disability compensation.

     Rep. Smidt moved that HCR 1009 as found on pages 301 and 302 of the House Journal be adopted.

     The question being on Rep. Smidt's motion that HCR 1009 be adopted.

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; 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; 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; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Broderick; Murschel; Valandra

     Absent:
Hansen (Tom)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.



     Rep. Bill Peterson moved that HCR 1010 be referred to the Committee on State Affairs.

     Which motion prevailed and HCR 1010 was so referred.

     HCR 1011   Introduced by:  Representatives Lintz, Duenwald, Fryslie, Garnos, Hansen (Tom), Hanson (Gary), Hargens, Hennies (Thomas), Holbeck, Jensen, Juhnke, Klaudt, Kloucek, Kooistra, McCaulley, McCoy, Olson (Mel), Pederson (Gordon), Pummel, Rhoden, Sigdestad, Solum, Teupel, and Van Etten and Senators Vitter, Hutmacher, Kleven, and Symens

         A CONCURRENT RESOLUTION,  Expressing the support of the Legislature for the construction and operation of a federal Western Grasslands Invasive Weed Laboratory in Rapid City, South Dakota.

     WHEREAS,  noxious weeds and invasive species have a detrimental effect on agricultural, forest, and grazing lands in South Dakota and other states in the region; and

     WHEREAS,  the total impact of costs attributable to nonindigenous weeds is as high as $5.4 billion annually; and

     WHEREAS,  effective and cost-efficient methods must be found to control invasive species and noxious weeds; and

     WHEREAS,  the United States Department of Agriculture-Agricultural Research Service has specialists who have the expertise needed to conduct such research; and

     WHEREAS,  the Western Grasslands Invasive Weed Laboratory would work cooperatively with state universities, other federal and state agencies, and private research groups; and

     WHEREAS,  the laboratory would focus on noxious weeds in South Dakota, North Dakota, Montana, and Wyoming; and

     WHEREAS,  Rapid City is centrally located, making access by scientists and distribution of information easier:

     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 Legislature supports the establishment of a Western Grasslands Invasive Weed Laboratory in Rapid City, South Dakota.

     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


     Judiciary on HB 1224 as found on page 298 of the House Journal ; also

     Transportation on HB 1067 as found on page 309 of the House Journal ; also

     Transportation on HB 1091 as found on page 309 of the House Journal ; also

     Judiciary on SB 22 as found on page 298 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1031:   FOR AN ACT ENTITLED, An Act to   permit the use of electronic signatures to authorize employee payroll deductions.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Brown (Jarvis); 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; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Olson (Mel)

     Excused:
Bradford; Broderick; Murschel; Valandra

     Absent:
Brown (Richard)

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


     SB 20:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to service of process on foreign corporations through the secretary of state.

     Was read the second time.

     The question being "Shall SB 20 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Brown (Jarvis); 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; 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; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Broderick; Murschel; Valandra

     Absent:
Brown (Richard)

     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 1073:   FOR AN ACT ENTITLED, An Act to   require direct reimbursement to ambulance services under certain circumstances.

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

     Rep. Flowers moved that HB 1073 be deferred to Friday, February 1st, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1081:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the revocation or suspension of driving privileges upon conviction for unlawful sales, purchases,

possession, or consumption of alcoholic beverages involving persons under twenty-one years of age.

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

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 15, Excused 3, Absent 0

     Yeas:
Bartling; Begalka; Brown (Jarvis); Brown (Richard); Burg; Clark; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Juhnke; Klaudt; Kloucek; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Van Norman; Wick

     Nays:
Abdallah; Adelstein; Davis; Glenski; Hanson (Gary); Hennies (Don); Jensen; Koistinen; Kooistra; Lange; Olson (Mel); Smidt; Van Etten; Van Gerpen; Speaker Eccarius

     Excused:
Bradford; Broderick; Murschel

     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 1129:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding concealed pistol permits.

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

     The question being "Shall HB 1129 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent 1


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; 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; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Broderick; Hennies (Thomas); Murschel

     Absent:
Valandra

     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 1162:   FOR AN ACT ENTITLED, An Act to   prohibit the advertising of adoptions under certain circumstances.

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

     Speaker Pro tempore Michels now presiding.

     The question being "Shall HB 1162 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 42, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Brown (Jarvis); Davis; Duniphan; Frost; Glenski; Hansen (Tom); Holbeck; Jensen; Konold; Kooistra; Madsen; McCaulley; McCoy; Pederson (Gordon); Pummel; Sebert; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Wick

     Nays:
Bartling; Begalka; Brown (Richard); Burg; Clark; Derby; Duenwald; Elliott; Flowers; Fryslie; Garnos; Gillespie; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Juhnke; Klaudt; Kloucek; Koistinen; Lange; Lintz; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Richter; Sigdestad; Slaughter; Sutton (Duane); Van Norman; Speaker Eccarius


     Excused:
Bradford; Broderick; Murschel

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

     HB 1219:   FOR AN ACT ENTITLED, An Act to   revise the index factor for determining certain freezes on property assessments.

     Was read the second time.

1219fa

     Rep. Thomas Hennies moved that HB 1219 be amended as follows:

     On page 1, line 8 of the printed bill, overstrike " fourteen thousand dollars " and insert " fourteen thousand nine hundred sixty-eight dollars and sixty-two cents ".

     On page 1 , line 10, overstrike " seventeen thousand five hundred dollars " and insert " eighteen thousand seven hundred ten dollars and seventy-six cents ".

     On page 2 , after line 7, insert:

"      Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


     Which motion prevailed and HB 1219 was so amended.

     The question being "Shall HB 1219 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; 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; 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; Broderick; Murschel



     Absent:
Abdallah

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

     The question being on the title.

     Rep. Thomas Hennies moved that the title to HB 1219 be amended as follows:

     On page 1, line 1 of the printed bill, after " the " insert "household income threshold and".

     On page 1 , line 2, after " assessments " insert "and to declare an emergency".

     Which motion prevailed and the title was so amended.

     HB 1153:   FOR AN ACT ENTITLED, An Act to   provide procedural requirements for ineligibility orders issued by the division of insurance and to repeal a surplus line insurer's responsibility to remit surplus lines tax not remitted by an unlicenced surplus lines broker.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1153 be deferred to Wednesday, January 31st, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1238:   FOR AN ACT ENTITLED, An Act to   require a pre-election campaign financing statement of candidates for legislative office.

     Was read the second time.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1238 pass?"

     And the roll being called:

     Yeas 13, Nays 53, Excused 4, Absent 0


     Yeas:
Brown (Richard); Elliott; Gillespie; Hargens; Hundstad; Kloucek; Kooistra; Nachtigal; Nesselhuf; Peterson (Jim); Sigdestad; Valandra; Van Norman

     Nays:
Abdallah; Adelstein; Bartling; Begalka; Burg; Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Bradford; Broderick; Brown (Jarvis); Murschel

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

     HB 1151:   FOR AN ACT ENTITLED, An Act to   require the secretary of state to conduct a pilot program granting certain secured parties the ability to file and provide a procedure to record a financing statement for security interest on agricultural lien and to provide rule-making authority to implement the pilot program.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1151 be deferred to Wednesday, January 31st, the 17th legislative day.

     Which motion prevailed and the bill was so deferred.

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

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

     Rep. Bill Peterson moved that HB 1033 be placed to follow HB 1032 on today's calendar.

     Which motion prevailed and the bill was so placed.


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

     Was read the second time.

     The question being "Shall HB 1241 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 2, Excused 5, Absent 2

     Yeas:
Adelstein; Bartling; Begalka; 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; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Valandra; Van Norman

     Excused:
Bradford; Broderick; Brown (Jarvis); Duenwald; Murschel

     Absent:
Abdallah; Pederson (Gordon)

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

     HB 1170:   FOR AN ACT ENTITLED, An Act to   provide certain provisions regarding assaults against law enforcement personnel and to provide a criminal penalty therefor.

     Was read the second time.

     The question being "Shall HB 1170 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 1, Excused 6, Absent 2


     Yeas:
Adelstein; Bartling; Begalka; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; 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; Nachtigal; Nesselhuf; Olson (Mel); 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:
Napoli

     Excused:
Bradford; Broderick; Brown (Jarvis); Duenwald; Fryslie; Murschel

     Absent:
Abdallah; Pederson (Gordon)

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

     HB 1203:   FOR AN ACT ENTITLED, An Act to   revise the procedure for foreclosure by advertisement.

     Was read the second time.

     The question being "Shall HB 1203 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 19, Excused 4, Absent 1

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

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

     Excused:
Bradford; Broderick; Brown (Jarvis); Murschel



     Absent:
Abdallah

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

     HB 1189:   FOR AN ACT ENTITLED, An Act to   establish the crime of air piracy and to increase the penalty for theft of certain aircraft.

     Was read the second time.

     The question being "Shall HB 1189 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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; Broderick; Brown (Jarvis); Murschel

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

     Speaker Eccarius now presiding.

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

     Was read the second time.

     The question being "Shall HB 1032 pass as amended?"

     And the roll being called:



     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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; Broderick; Brown (Jarvis); Murschel

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

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

     Was read the second time.

     The question being "Shall HB 1033 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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; Broderick; Brown (Jarvis); Murschel

     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 1093:   FOR AN ACT ENTITLED, An Act to   revise certain reemployment requirements in the South Dakota Retirement System.

     Was read the second time.

     Rep. Lange moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1093 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 8, Excused 6, Absent 0

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

     Nays:
Gillespie; Juhnke; Klaudt; Konold; McCaulley; Rhoden; Solum; Teupel

     Excused:
Bradford; Broderick; Brown (Jarvis); Duenwald; Murschel; Nesselhuf

     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.

     HJR 1007:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 5, of the Constitution of the State of South Dakota to clarify the responsibility of the Legislature to provide for its own apportionment.

     Was read the second time.

     The question being "Shall HJR 1007 pass?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0


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

     Nays:
Kloucek

     Excused:
Bradford; Broderick; Brown (Jarvis); Duenwald; Murschel

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

     HB 1115:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the letting of township highway projects.

     Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 5, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Rhoden

     Excused:
Bradford; Broderick; Brown (Jarvis); Duenwald; Murschel


     Absent:
Lange

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

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1164 and 1192 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill be amended as follows:

42rb
     On page 3 of the Senate engrossed bill, delete line 24 , and insert:

"Investigation and to the law enforcement agency having jurisdiction of the new residence. A failure to register pursuant to this section is a Class 1 misdemeanor. Any second or subsequent failure to register pursuant to this section is a Class 6 felony.

     Section 5. That § 22-22-37 be amended to read as follows:

     22-22-37.   Any person required to register pursuant to § §  22-22-30 to 22-22-39, inclusive, shall annually register with the local law enforcement agency having jurisdiction of the person's residence verifying the information given pursuant to §  22-22-32. A violation of this section is a Class 1 misdemeanor. Any third second or subsequent violation of this section is a Class 6 felony. ".


     On page 4 , delete line 1 .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1300 and tabled the same.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 15 and 46 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 Health and Human Services respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill be amended as follows:

1086ra
     On page 1, line 6 of the printed bill, after " Postsecondary tuition " insert "and fees".

     On page 1 , line 6, after " actual tuition " insert "and fees".

     On page 1 , line 11, after " tuition " insert "and fees".

     On page 1 , line 13, after " tuition " insert "and fees".

     On page 2 , line 2, after " tuition " insert "and fees".

     On page 2 , line 5, after " tuition " insert "and fees".

     On page 2 , line 8, after " tuition " insert "and fees".

     On page 2 , line 11, after " tuition " insert "and fees".

1086rta
     On page 1, line 1 of the printed bill, after " tuition " insert "and fees".

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

1258ja
     On page 3, line 13 of the printed bill, delete " Department of " and insert "South Dakota Board of Nursing".

     On page 3 , line 14, delete " Commerce and Regulation " .

     On page 3 , line 16, delete " secretary of commerce and regulation " and insert "executive secretary of the Board of Nursing".

1258jb
     On page 2 , between lines 3 and 4, insert:

"

     Section 2. That chapter 36-9 be amended by adding thereto a NEW SECTION to read as follows:

     Each health care facility licensed pursuant to chapter 34-12 shall annually pay the fee assessed in §  36-9-77 to the South Dakota Board of Nursing. The board shall deposit the fee in the special account for the nurses' education assistance program.".

1258jc
     On page 3, line 13 of the printed bill, after " ($800,000), " insert "which is approximately equivalent to twenty-five percent of the annual investment income of the education enhancement trust fund,".

     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 16:   FOR AN ACT ENTITLED, An Act to   provide that certain postsecondary school information be given to parents and guardians of students in middle schools and high schools.

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

     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding university admission requirements for foreign language instruction.



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

     SB 23:   FOR AN ACT ENTITLED, An Act to   revise the rule-making authority for group health plans.

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

     SB 93:   FOR AN ACT ENTITLED, An Act to   establish certain requirements for genetic testing.

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

     SB 124:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions concerning the county highway system.

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

     SB 127:   FOR AN ACT ENTITLED, An Act to   establish licensing requirements for providers of certain automated teller machine transaction routing services.

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1019 was delivered to his Excellency, the Governor, for his approval at 3:30 p.m., January 28, 2002.

Respectfully submitted,
Scott Eccarius, Chair

     Rep. Klaudt moved that the House do now adjourn, which motion prevailed and at 4:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk