JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 31, 2002

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

     The prayer was offered by the Chaplain, Pastor Jerry Oberg, followed by the Pledge of Allegiance led by House page Alisha Hornseth.

     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 seventeenth 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.
COMMUNICATIONS AND PETITIONS


January 30, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bill 1043, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1264 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 1249 and tabled the same.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1098, 1223, and 1267 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill be amended as follows:

1159oa
     On page 1, line 5 of the printed bill, after " by " insert " , including but not limited to, ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1236 and returns the same with the recommendation that said bill be amended as follows:

1236tb
     On page 2 , line 17, after " by " insert "the secretary of agriculture in cooperation with".

     On page 2 , line 18, after " damage, " insert "that have suffered damage caused by weather events or other natural disasters that increase the risk of fire,".

1236oa
     On page 2, line 21 of the printed bill, delete " should " and insert "may".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1165 and returns the same with the recommendation that said bill be amended as follows:

1165fa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 12-1 be amended by adding thereto a NEW SECTION to read as follows:

     Any referendum petition to refer a measure passed by a local unit of government may be circulated immediately upon final passage of the measure."

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1128 and 1278 and tabled the same.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1113, 1140, and 1167 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

 Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1094 and 1123 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1015 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1023, 1025, 1026, and 1045 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 89, 129, 132, 169, and 177 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1009 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 3:   A CONCURRENT RESOLUTION,   Requesting the forest service to address the forest health and wildfire risk crisis facing the Black Hills.

     Rep. Rhoden moved that SCR 3 as found on page 245 of the Senate Journal be concurred in.

     The question being on Rep. Rhoden's motion that SCR 3 be concurred in.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; 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:
Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 3 was concurred in.

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m., Friday, February 1st, the 19th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on HJR 1009 as found on pages 366 and 367 of the House Journal ; also

     State Affairs on HB 1279 as found on pages 367 to 381 of the House Journal ; also


     State Affairs on HJR 1010 as found on page 381 of the House Journal ; also

     Judiciary on HB 1299 as found on pages 381 and 382 of the House Journal ; also

     Education on HB 1085 as found on pages 383 and 384 of the House Journal ; also

     Transportation on HB 1273 as found on page 385 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Kooistra moved that the word "not" be stricken from the report of the Committee on Education on HB 1155 as found on page 385 of the House Journal and that the bill be placed on the calendar of Monday, February 4th, the 20th legislative day.

     The question being on Rep. Kooistra's motion that the word "not" be stricken from the report of the Committee on Education on HB 1155 and that the bill be placed on the calendar of Monday, February 4th, the 20th legislative day.

     And the roll being called:

     Yeas 30, Nays 39, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jensen; Kloucek; Koistinen; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Slaughter; Van Gerpen; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Brown (Jarvis); Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Garnos; Hansen (Tom); Heineman; Jaspers; Juhnke; Klaudt; 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; Wick; Speaker Eccarius

     Excused:
Valandra

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1176:   FOR AN ACT ENTITLED, An Act to   revise the time permitted to qualify for a municipally elected office.

     Was read the second time.

     The question being "Shall HB 1176 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; 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:
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 1149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the awarding of high school diplomas to certain veterans.

     Was read the second time.

     The question being "Shall HB 1149 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 1, Absent 1

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

     Nays:
Broderick; Van Etten

     Excused:
Valandra

     Absent:
Sutton (Duane)

     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 1233:   FOR AN ACT ENTITLED, An Act to   provide compensation to retailers for collecting and remitting the sales tax on a monthly basis.

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

     The question being "Shall HB 1233 pass?"

     And the roll being called:

     Yeas 33, Nays 37, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Richard); Burg; Davis; Elliott; Flowers; Garnos; Glenski; Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCaulley; Monroe; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Rhoden; Sigdestad; Valandra; Van Norman; Wick

     Nays:
Abdallah; Broderick; Brown (Jarvis); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Konold; Madsen; McCoy; Michels; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Speaker Eccarius

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

     HB 1127:   FOR AN ACT ENTITLED, An Act to   place certain safety zone restrictions on hunting in state-owned railroad rights-of-way.

     Was read the second time.

     The question being "Shall HB 1127 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

     Yeas:
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); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Konold; Kooistra; Lange; Lintz; Madsen; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick

     Nays:
Abdallah; Hennies (Thomas); Koistinen; McCoy; Monroe; Speaker Eccarius

     Excused:
McCaulley; Van Norman

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

     HB 1245:   FOR AN ACT ENTITLED, An Act to   require that certain exempt, dyed diesel fuel sold in the state contain biodiesel fuel oil.

     Was read the second time.

     The question being "Shall HB 1245 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 43, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Duenwald; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hundstad; Kloucek; Lange; Lintz; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Rhoden; Sigdestad; Valandra; Van Gerpen

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

     Excused:
McCaulley; Van Norman

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

     HB 1188:   FOR AN ACT ENTITLED, An Act to   revise certain penalties for moving or obtaining a used mobile home or manufactured home without an affidavit from the county treasurer.

     Was read the second time.

     The question being "Shall HB 1188 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 12, Excused 2, Absent 0

     Yeas:
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; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCoy; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sigdestad; Slaughter; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Abdallah; Heineman; Hundstad; Konold; Michels; Monroe; Olson (Mel); Richter; Sebert; Smidt; Solum; Valandra

     Excused:
McCaulley; Van Norman

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

     HB 1234:   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 second time.

1234tf

     Rep. Heineman moved that HB 1234 be amended as follows:

     On page 2, line 3 of the House Local Government Committee engrossed bill, after " a " insert "corporate or noncorporate".

     Which motion prevailed and HB 1234 was so amended.

     The question being "Shall HB 1234 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 6, Excused 2, Absent 0

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

     Nays:
Burg; Elliott; Gillespie; Hanson (Gary); Nesselhuf; Olson (Mel)

     Excused:
McCaulley; Van Norman

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

     HB 1240:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

     Was read the second time.

1240rb

     Rep. Frost moved that HB 1240 be amended as follows:

     On page 9, line 24 of the House Local Government Committee engrossed bill, delete " commission " and insert "board".

     Which motion prevailed and HB 1240 was so amended.

     The question being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0

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

     Nays:
Duenwald

     Excused:
McCaulley; Van Norman

     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 1004:   FOR AN ACT ENTITLED, An Act to   provide for a refund of tuition for certain teachers.

     Was read the second time.

1004x

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

     On page 1, line 7 of the House Education Committee engrossed bill, delete " actual qualified higher " and insert "actual tuition and fees".

     On page 1 , line 8, delete everything before " paid " .

     Which motion lost.

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

     And the roll being called:

     Yeas 40, Nays 29, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Jarvis); Brown (Richard); Burg; Davis; Duniphan; Elliott; Garnos; Gillespie; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; McCoy; Monroe; Nachtigal; Nesselhuf; Peterson (Bill); Pummel; Sebert; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Clark; Derby; Duenwald; Flowers; Frost; Fryslie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Konold; Kooistra; Lange; Lintz; Madsen; Michels; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Rhoden; Richter; Sigdestad; Solum; Van Gerpen

     Excused:
McCaulley

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

     Rep. Bill Peterson announced his intention to reconsider the vote by which HB 1004 was lost.

     HB 1295:   FOR AN ACT ENTITLED, An Act to   provide for the voters' consideration of a proposed constitutional amendment to Article XVII in June 2002, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     Rep. Duenwald moved that HB 1295 be deferred to Friday, February 1st, the 19th legislative day.

     Which motion prevailed and the bill was so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 89:   FOR AN ACT ENTITLED, An Act to   allow a school district to impose an excess levy for its pension fund.

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

     SB 129:   FOR AN ACT ENTITLED, An Act to   revise the provisions related to the sale of surplus property.

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

     SB 132:   FOR AN ACT ENTITLED, An Act to   revise the provisions for moving a structure under or across a utility line and to provide a penalty therefor.

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

     SB 169:   FOR AN ACT ENTITLED, An Act to   amend the Uniform Limited Partnership Act to provide limited liability limited partnerships.

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

     SB 177:   FOR AN ACT ENTITLED, An Act to   revise and modify certain provisions relating to the award of child custody.

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

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

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1109 and returns the same with the recommendation that said bill be amended as follows:

1109ja
     On page 1, line 9 of the printed bill, overstrike " to " .

     On page 2 , line 4, delete "state" and insert "governing body".

1109ta
     On page 2, line 5 of the printed bill, after " item. " insert "This section does not apply to construction services or equipment.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill be amended as follows:

1130fa
     On page 1 of the printed bill, delete lines 12 to 15 , inclusive.

     On page 2 , delete lines 1 to 14 , inclusive.

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

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1269 which was deferred to the 36th Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1135 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1252 which was deferred to the 36th Legislative Day.

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1256 and 1257 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 1281 and returns the same with the recommendation that said bill be amended as follows:

1281ja
     On page 1 of the printed bill, delete lines 14 and 15 .

     On page 2 , delete lines 1 to 15 , inclusive.

1281jta
     On page 1, line 1 of the printed bill, delete " cancellation " and insert "nonrenewal".

     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 1259 and 1266 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

MOTIONS AND RESOLUTIONS


     SCR 4:   A CONCURRENT RESOLUTION,   Supporting adequate funding for vocational- technical education programs in South Dakota.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 15 and 42 be deferred to Friday, February 1st, the 19th legislative day.

     Which motion prevailed and the bills were so deferred.

     Speaker Eccarius now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1023, 1025, 1026, and 1045 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1011, 1014, 1017, and 1106 were delivered to his Excellency, the Governor, for his approval at 3:05 p.m., January 31, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

          HB 1023   :   FOR AN ACT ENTITLED, An Act to   provide motor carrier inspectors enforcement authority for certain violations regarding the licensing of commercial drivers.


     HB 1025: FOR AN ACT ENTITLED, An Act to  update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     HB 1026: FOR AN ACT ENTITLED, An Act to  disqualify a person from operating a commercial motor vehicle for certain traffic convictions regarding railroad crossings and to provide certain penalties.

     HB 1045: FOR AN ACT ENTITLED, An Act to  revise certain voucher approval authority for the state fire suppression special revenue fund.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:00 p.m. the House adjourned.

Karen Gerdes, Chief Clerk