JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 8, 2002

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by House page Lakota Mowrer.

     Roll Call: All members present except Reps. Bradford, Duenwald, and Napoli 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 twenty-third day and finds that the following correction should be made:

    On page 563 of the House Journal, delete lines 31 and 32.

    On page 564, delete lines 1 to 17, inclusive and insert:

     "The question being "Shall HB 1253 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 7, Excused 4, Absent 1

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

     Nays:
Derby; Klaudt; Napoli; Richter; Slaughter; Sutton (Duane); Van Gerpen

     Excused:
Adelstein; Bradford; Duenwald; Pederson (Gordon)

     Absent:
Hargens

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

     All additional 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.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1009 as found on page 450 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1009 be approved?"

     And the roll being called:

     Yeas 60, Nays 1, Excused 8, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; 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:
Van Norman

     Excused:
Bradford; Brown (Richard); Duenwald; Hansen (Tom); Hennies (Don); Konold; Napoli; Speaker Eccarius

     Absent:
Lange

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 84 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 39 and 52 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 Judiciary respectfully reports that it has had under consideration SB 101 which was deferred to the 36th Legislative Day.

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 170 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 177 and returns the same with the recommendation that said bill be amended as follows:

177jc
     On page 2, line 12 of the Senate engrossed bill, delete "." and insert "; or".

     On page 2 , between lines 12 and 13, insert:

"

             (4)    That awarding custody to the biological parent would cause serious detriment to the child.

     Section 5. Serious detriment to a child exists whenever there is proof of one or more of the following extraordinary circumstances:

             (1)    The abandonment or persistent neglect of the child by the parent;

             (2)    The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;

             (3)    The extended, unjustifiable absence of parental custody;

             (4)    The abdication of parental responsibilities;

             (5)    The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;

             (6)    The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;

             (7)    The substantial enhancement of the child's well-being while under the care of the person other than the parent;

             (8)    The extent of the parent's delay in seeking to reacquire custody of the child;

             (9)    The demonstrated quality of the parent's commitment to raising the child;

             (10)    The likely degree of stability and security in the child's future with the parent;
             (11)    The extent to which the child's right to an education would be impaired while in the custody of the parent; or

             (12)    Any other circumstances that would substantially and adversely impact the welfare of the child.".

177jb
     On page 2, after line 20 of the Senate engrossed bill, insert:

"      Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


177jd
     On page 2, line 2 of the Senate engrossed bill, after " may " insert "intervene or".

177jta
     On page 1, line 2 of the Senate engrossed bill, after " custody " insert "and to declare an emergency".

     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 SB 93 and returns the same with the recommendation that said bill be amended as follows:

93jc
     On the Senate Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 34-14 be amended by adding thereto a NEW SECTION to read as follows:

     If a genetic test, as defined in § 34-14-21, is required or authorized by state law, or performed in the state, the test shall be performed in a laboratory accredited by the College of American Pathologists, the Joint Commission on Accreditation of Healthcare Organizations, or any accreditation body approved by the United States Secretary of Health and Human Services and which has requirements that are substantially equivalent to, or more comprehensive than, those of the College of American Pathologists. In addition, the laboratory shall be enrolled in a proficiency testing program sponsored by an organization approved by the Centers for Medicare and Medicaid Services. Nothing in this section alters the ability of the state health laboratory to perform genetic tests.
     Section 2. That § 34-14-24 be amended to read as follows:

     34-14-24.   Nothing in § §   34-14-21 to 34-14-24, inclusive, or section 1 of this Act, alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order. "


     And that as so amended said bill 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 SCR 2 and returns the same with the recommendation that said resolution be concurred in.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 8, 18, and 40 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 State Affairs respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill be amended as follows:

183oc
    
     On page 4, after line 18 of the Senate engrossed bill, insert:

"      Section 6. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as follows:

     A commercial electronic mail message shall include in the subject line of each message "ADV:" as the first four characters. If these messages contain information that consists of material that may only be viewed, purchased, rented, leased, or held in possession by an

individual eighteen years of age and older, the subject line of each message shall include "ADV:ADLT" as the first eight characters.".


     And that as so amended said bill do pass.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HCR 1013 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 7, 81, 103, 134, 151, 156, 157, 158, 168, 178, 179, and 180, and SJR 5 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1005, 1102, and 1176 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

    House Page Resolution 3: Introduced by: Representatives 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; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives

    of the Seventy-seventh Legislature of the State of South Dakota to Michelle Behrns, Aubrey Christman, Abigail Cooke, Mollie Gabrys, Kila Keller, Jennifer Kloucek, Lakota Mowrer, David Novstrup, Laurie Reiprich, Emily Sippel, and Katherine Tjarks.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-seventh Legislative Session; and

    WHEREAS, the members of the Seventy-seventh House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-seventh Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

     Rep. Bill Peterson moved that House Page Resolution 3 be adopted.

    Which motion prevailed and the resolution was adopted.

     HCR 1014:   A CONCURRENT RESOLUTION,   Urging Congress to revise eligibility requirements for certain Medicaid recipients of long-term care assistance.

     Rep. Nachtigal moved that HCR 1014 as found on page 431 of the House Journal be adopted.

c1014ja

     Rep. Nachtigal moved that HCR 1014 be amended as follows:

     On page 432 of the House Journal, delete line 14 , and insert "for the care provided to individuals who pass away before residing in the nursing facility for thirty consecutive".

     Which motion prevailed and HCR 1014 was so amended.

     The question being on Rep. Nachtigal's motion that HCR 1014 be adopted.

     And the roll being called:

     Yeas 63, Nays 2, Excused 4, 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; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Norman; Wick; Speaker Eccarius

     Nays:
Pederson (Gordon); Van Etten

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     Absent:
Van Gerpen

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1014 was adopted as amended.

     HCR 1015:   A CONCURRENT RESOLUTION,   Encouraging state and local law enforcement agencies to acquire and to use video cameras at all traffic stops.

     Rep. Van Norman moved that HCR 1015 as found on page 462 of the House Journal be adopted.

     The question being on Rep. Van Norman's motion that HCR 1015 be adopted.

     And the roll being called:

     Yeas 53, Nays 13, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman

     Nays:
Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Madsen; McCaulley; Pederson (Gordon); Richter; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1015 was adopted.

     HCR 1016:   A CONCURRENT RESOLUTION,   Encouraging local law enforcement agencies to adopt community policing practices.

     Rep. Van Norman moved that HCR 1016 as found on page 463 of the House Journal be adopted.

     The question being on Rep. Van Norman's motion that HCR 1016 be adopted.

     And the roll being called:

     Yeas 55, Nays 11, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Norman; Speaker Eccarius

     Nays:
Abdallah; Frost; Hansen (Tom); Holbeck; Juhnke; Pederson (Gordon); Richter; Sebert; Van Etten; Van Gerpen; Wick

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1016 was adopted.

     HCR 1005:   A CONCURRENT RESOLUTION,   Urging the federal government to authorize and fund long-term health care on Indian reservations.

     Rep. Van Norman moved that HCR 1005 as found on page 189 of the House Journal be adopted.

     The question being on Rep. Van Norman's motion that HCR 1005 be adopted.


     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     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; Nesselhuf; Olson (Mel); Pederson (Gordon); 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; Duenwald; Napoli; Peterson (Bill)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

     HCR 1017:   A CONCURRENT RESOLUTION,   Requesting the South Dakota Investment Council to explore investing limited state resources in South Dakota venture capital.

     Rep. Mel Olson moved that HCR 1017 as found on page 493 of the House Journal be adopted.

c1017x

     Rep. Adelstein moved that HCR 1017 be amended as follows:

     On page 494, line 1 of the House Journal, delete " no " and insert "limited".

     Which motion prevailed and HCR 1017 was so amended.

     The question being on Rep. Mel Olson's motion that HCR 1017 be adopted.

     And the roll being called:

     Yeas 41, Nays 25, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Brown (Richard); Burg; Davis; Derby; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Klaudt; Kloucek; Lange; Lintz; Madsen; McCaulley; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Valandra; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Begalka; Broderick; Brown (Jarvis); Clark; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; McCoy; Michels; Monroe; Pederson (Gordon); Pummel; Richter; Sutton (Duane); Van Etten; Van Gerpen

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1017 was adopted as amended.

     Rep. Teupel moved that HCR 1018 be deferred to Thursday, February 14th, the 28th legislative day.

     Which motion prevailed and the resolution was so deferred.

     Rep. Holbeck moved that HCR 1020 be deferred to Monday, February 11th, the 25th legislative day.

     Which motion prevailed and the resolution was so deferred.

     HCR 1021   Introduced by:  Representatives Lange, Adelstein, Bartling, Davis, Elliott, Frost, Hanson (Gary), Hennies (Thomas), Hundstad, Klaudt, Kooistra, Nesselhuf, and Sutton (Duane) and Senators Diedtrich (Elmer), Dennert, Duxbury, Hagen, Ham, Kleven, Koskan, Madden, McIntyre, Moore, Putnam, Reedy, Staggers, Sutton (Dan), Symens, Volesky, and Whiting

         A CONCURRENT RESOLUTION,  Requesting the Department of Corrections to expand their mission statement.

     WHEREAS,  the current mission statement of the Department of Corrections does not include the goal of inmate rehabilitation; and

     WHEREAS,  in the year 2001, the Department of Corrections returned 1,551 adult inmates to our communities; and

     WHEREAS,  we, as the State Legislature, encourage all citizens to be useful, employable, well adjusted, and socially acceptable individuals:
     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 Department of Corrections be strongly encouraged to modify their mission statement to include the following statements: "The mission of the Department of Corrections is to provide the highest level of social rehabilitation, correctional treatment, medical care and related treatment to persons committed to the correctional institutions that will assist those committed in achieving or maintaining economic self-support or self-sufficiency that will reduce dependency; to provide needed long-term care services to those permanently admitted or committed; to assure that those released are useful, employable, well adjusted, and socially acceptable individuals and to insure against a return to the institutional environment; and to insure that the conditions of confinement in local correctional facilities provide decent and humane care to detainees in order to expedite their successful return to their community."

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

     HCR 1022   Introduced by:  Representatives Frost, Duniphan, Elliott, Hansen (Tom), Hargens, Hennies (Thomas), Hundstad, Hunhoff, Jensen, Lintz, McCoy, Peterson (Bill), Pitts, Pummel, Rhoden, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Van Etten, and Van Gerpen and Senators Diedtrich (Elmer), Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, de Hueck, Diedrich (Larry), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, and Volesky

         A CONCURRENT RESOLUTION,  Supporting the National Motto of the United States.

     WHEREAS,  the National Motto of the United States of America is In God We Trust; and

     WHEREAS,  the National Motto was adopted in 1956 and is codified at 36 U.S.C.A. §  302; and

     WHEREAS,  the National Motto reflects the traditional sentiment that we are a religious people whose institutions presuppose a Supreme Being; and

     WHEREAS,  the sentiment In God We Trust is deeply interwoven into the fabric of our civil polity; and

     WHEREAS,  the sentiment of the National Motto is as the Republic itself, and has always been as integral a part of the First Amendment to the United States Constitution as the very words of that charter of religious liberty; and

     WHEREAS,  that the Founding Fathers believed devotedly that there was a God, and that the unalienable rights of man were rooted in Him, is clearly evidenced in their writings, from the Mayflower Compact to the United States Constitution itself; and

     WHEREAS,  our national and state life reflects a religious people who earnestly pray that the Supreme Lawgiver guide them in every measure which may be worthy of His blessing; and

     WHEREAS,  the National Motto serves the secular purpose of expressing confidence in the future and encouraging the recognition of what is worthy of appreciation in society; and

     WHEREAS,  the National Motto appears on all coins and paper currency issued by the United States government; and

     WHEREAS,  the words, In God We Trust, are over the entrance to the United States Senate Chamber and are prominently engraved in the wall above the Speaker's dias in the chamber of the United States House of Representatives; and

     WHEREAS,  on July 24, 2000, the United States of America, acting by and through Congress assembled, did unanimously resolve to affirm its support for the National Motto and to support and encourage the display of the National Motto in all public buildings and public schools:

     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 of the State of South Dakota supports and encourages the public display of the National Motto in all public buildings, public schools, and other government institutions established or maintained at taxpayer expense within the state and declares its support for the National Motto.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 51:   FOR AN ACT ENTITLED, An Act to   increase certain license and renewal fees assessed to chiropractors.

     Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 61, Nays 3, Excused 4, Absent 2

     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; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
McCaulley; McCoy; Speaker Eccarius

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     Absent:
Olson (Mel); Richter

     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.

     SB 9:   FOR AN ACT ENTITLED, An Act to   permit certain full-time postsecondary students to vote in municipal and school elections.

     Was read the second time.

     The question being "Shall SB 9 pass?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent 0

     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; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Pederson (Gordon); Slaughter; Van Etten

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     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 13:   FOR AN ACT ENTITLED, An Act to   revise certain municipal and school election procedures.

     Was read the second time.


     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     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; Nesselhuf; Olson (Mel); Pederson (Gordon); 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; Duenwald; Napoli; Peterson (Bill)

     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.

     Rep. Bartling requested that SB 123 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 44:   FOR AN ACT ENTITLED, An Act to   modify the areas where the Game, Fish and Parks Commission may require a park license.

     Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 63, Nays 2, Excused 4, Absent 1

     Yeas:
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 (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (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 (Don); Nachtigal

     Excused:
Bradford; Duenwald; Napoli; Peterson (Bill)

     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 and the title was agreed to.

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

     Was read the second time.

     The question being "Shall SB 23 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     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; Nesselhuf; Olson (Mel); Pederson (Gordon); 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; Duenwald; Napoli; Peterson (Bill)

     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 25:   FOR AN ACT ENTITLED, An Act to   place a maximum fee for certain initial public offerings of securities.

     Was read the second time.

     The question being "Shall SB 25 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     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; 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:
Nachtigal

     Excused:
Bradford; Duenwald; Napoli

     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 26:   FOR AN ACT ENTITLED, An Act to   authorize a civil penalty for securities violations by registered or unregistered persons or entities.

     Was read the second time.

     The question being "Shall SB 26 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     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; 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; Duenwald; Napoli

     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 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 second time.

     The question being "Shall SB 27 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     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; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; 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; Duenwald; Napoli

     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 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 second time.

     The question being "Shall SB 28 pass?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Bartling; Elliott; Gillespie; Hargens; Hennies (Don); Hundstad; Kloucek; Nachtigal; Van Norman

     Excused:
Bradford; Duenwald; Napoli

     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 30:   FOR AN ACT ENTITLED, An Act to   limit the ability of the director of the division of securities to review securities registration based on merit review.

     Was read the second time.

     The question being "Shall SB 30 pass?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; 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:
Elliott; Hundstad; Kloucek; Nesselhuf; Van Norman

     Excused:
Bradford; Duenwald; Napoli

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

     Was read the second time.

     The question being "Shall SB 10 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

     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; 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:
Van Norman

     Excused:
Bradford; Duenwald; Napoli

     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 11:   FOR AN ACT ENTITLED, An Act to   provide a method for computing a period of time related to election notices or filings.

     Was read the second time.

     The question being "Shall SB 11 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     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; 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; Duenwald; Napoli

     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 12:   FOR AN ACT ENTITLED, An Act to   provide for the method for marking and counting ballots and to clarify the procedure for auditing ballots.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, 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; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Bradford; Duenwald; Napoli

     Absent:
Richter

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

     Was read the second time.

     The question being "Shall SB 129 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Jarvis); Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; 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

     Nays:
Garnos; Klaudt; Speaker Eccarius

     Excused:
Bradford; Duenwald; Napoli

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

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     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; 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; Duenwald; Napoli

     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 7:   FOR AN ACT ENTITLED, An Act to   provide for the leasing of certain public lands acquired by exchange.

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

     SB 81:   FOR AN ACT ENTITLED, An Act to   limit the Department of Labor's authority to recommend settlements in labor disputes.

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

     SB 103:   FOR AN ACT ENTITLED, An Act to   increase the required distance between certain persons or equipment and high voltage lines.

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

     SB 134:   FOR AN ACT ENTITLED, An Act to   revise the authority of the South Dakota Student Loan Corporation and the South Dakota Housing Development Authority regarding private activity bonds.

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

     SB 151:   FOR AN ACT ENTITLED, An Act to   regulate deferred presentment service transactions.

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

     SB 156:   FOR AN ACT ENTITLED, An Act to   provide for the revision of the South Dakota Family Farm Act of 1974 to conform with a proposed amendment to the South Dakota Constitution regulating corporate farming in South Dakota.

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

     SB 157:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning who may hold a light wine license.

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

     SB 158:   FOR AN ACT ENTITLED, An Act to   clarify the calculation of state aid to education to certain school districts.

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

     SB 168:   FOR AN ACT ENTITLED, An Act to   permit certain nonprofits to have a temporary on-sale license.

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

     SB 178:   FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing certain agricultural land.

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

     SB 179:   FOR AN ACT ENTITLED, An Act to   regulate sampling procedures for verification of transgenic seed use.

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

     SB 180:   FOR AN ACT ENTITLED, An Act to   regulate unsolicited electronic commerce.

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

     SJR 5:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article III of the Constitution of the State of South Dakota, relating to the legislative appointments and conflicts of interest.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 15, 42, 34, 122, 24, 37, 114, 16, and 17 be deferred to Monday, February 11th, the 25th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1102, and 1176 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1032, 1033, and 1131 were delivered to his Excellency, the Governor, for his approval at 1:30 p.m., February 8, 2002.

Respectfully submitted,
Scott Eccarius, Chair

     Speaker Eccarius now presiding.

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1005: FOR AN ACT ENTITLED, An Act to  codify legislation enacted in 2001.

     HB 1102: FOR AN ACT ENTITLED, An Act to  revise the gross receipts tax that applies to certain telephone companies.


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

     SB 45: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the practice of medicine or osteopathy in South Dakota while holding a license in another state and while located outside of the state.

     SB 53: FOR AN ACT ENTITLED, An Act to  revise certain terms used in the Uniform Probate Code.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1010   Introduced by:  Representatives Lange, Bartling, Bradford, Broderick, Brown (Richard), Burg, Clark, Davis, Derby, Elliott, Flowers, Fryslie, Garnos, Gillespie, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Holbeck, Hundstad, Hunhoff, Jensen, Juhnke, Kloucek, Koistinen, Kooistra, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Bill), Peterson (Jim), Pitts, Rhoden, Richter, Sigdestad, Sutton (Duane), Van Etten, and Van Gerpen and Senators Moore, Albers, Brosz, Brown (Arnold), Daugaard, Dennert, Diedrich (Larry), Drake, Duxbury, Everist, Hagen, Kleven, McCracken, McIntyre, Olson (Ed), Reedy, Staggers, Sutton (Dan), Symens, and Volesky

         A LEGISLATIVE COMMEMORATION,  Honoring United Nations Ambassador and former United States Senator George McGovern for service to South Dakota and the United States.

     WHEREAS,  George McGovern, a native son of South Dakota, was born in Avon on July 19, 1922, grew up in Mitchell, was educated and taught at Dakota Wesleyan University, and has returned to South Dakota to live in Mitchell with his wife Eleanor; and

     WHEREAS,  George McGovern served South Dakota with honor and distinction in the United States Congress as a United States Representative from 1957 to 1960 and as a United States Senator from 1963 to 1981; and

     WHEREAS,  George McGovern, a decorated World War II veteran, has served as a United State's Ambassador to the United Nation's World Food Hunger Program and was recently appointed a United Nation's Ambassador on World Hunger; and

     WHEREAS,  George McGovern is one of the great humanitarians of our time and throughout his years of selfless public service has always remained mindful of and dedicated to his home state of South Dakota:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Ambassador George McGovern be honored for his many years of distinguished public service to the people of South Dakota, the United States of America, and the international community of nations.

     Rep. Don Hennies moved that the House do now adjourn, which motion prevailed and at 2:09 p.m. the House adjourned.

Karen Gerdes, Chief Clerk