JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




TWENTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 12, 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 Erin Enright.

     Roll Call: All members present except Reps. Jarvis Brown and Duenwald 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-fifth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


February 11, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1016, 1104, 1125, 1139, and 1203, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

February 11, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bill 1132, 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 Taxation respectfully reports that it has had under consideration SB 21 and 36 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 85 and tabled the same.

Respectfully submitted,
Richard "Dick" E. Brown, Chair
Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 146 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 SB 35 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 130 and returns the same with the recommendation that said bill be amended as follows:

130td
     On page 1, line 7 of the Senate engrossed bill, after " threatened " insert "or endangered".

     On page 1 , line 11, delete " or rejection " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1019 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Jim Lintz, Vice Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 55 and 72 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 SB 127 and returns the same with recommendation that said bill be amended as follows:


127jc
     On page 2, line 5 of the Senate engrossed bill, after " union, " insert "any merchant processor to the extent it is operating on behalf of any owner or operator of any merchant utilizing point of sale transaction devices for the purchasing or receiving of goods, services, or money,".

     And returns the same without recommendation as amended.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 80 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 75 and 132 which were deferred to the 36th Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 89 and SJR 3 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1122 was lost on second reading and final passage.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Daugaard, Bogue, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1221.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1021, 1039, 1048, 1067, 1071, 1081, 1103, and 1218 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1091, 1149, 1187, and 1219 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Broderick moved that the House do not concur in Senate amendments to HB 1038 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Broderick, Flowers, and Kooistra.

     Rep. McCoy moved that the House do concur in Senate amendments to HB 1170.

     The question being on Rep. McCoy's motion that the House do concur in Senate amendments to HB 1170.

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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

     Nays:
Napoli

     Excused:
Brown (Jarvis); Duenwald; Peterson (Bill)

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

     Rep. Jensen moved that the House do concur in Senate amendments to HB 1172.

     The question being on Rep. Jensen's motion that the House do concur in Senate amendments to HB 1172.

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

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

     Nays:
Richter; Speaker Eccarius

     Excused:
Brown (Jarvis); Duenwald; Peterson (Bill)

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



     Rep. Monroe moved that the House do concur in Senate amendments to HB 1180.

     The question being on Rep. Monroe's motion that the House do concur in Senate amendments to HB 1180.

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); 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); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Hargens; Peterson (Jim)

     Excused:
Brown (Jarvis); Duenwald; Peterson (Bill)

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

     Rep. Wick moved that the House do not concur in Senate amendments to HB 1189 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Wick, Hundstad, and Abdallah.

     Rep. Holbeck moved that the House do concur in Senate amendments to HB 1222.

     The question being on Rep. Holbeck's motion that the House do concur in Senate amendments to HB 1222.

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Hennies (Don); Jaspers; Klaudt; Speaker Eccarius

     Excused:
Brown (Jarvis); Duenwald

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

     Yesterday, Rep. Holbeck announced his intention to reconsider the vote by which SB 17 was lost.

     Rep. Holbeck moved that the House do now reconsider the vote by which SB 17 was lost.

     The question being on Rep. Holbeck's motion to reconsider the vote by which SB 17 was lost.

     And the roll being called:

     Yeas 43, Nays 24, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Broderick; Brown (Richard); Clark; Derby; Duniphan; Elliott; Frost; Fryslie; Glenski; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Jensen; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Slaughter; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Bradford; Burg; Davis; Flowers; Gillespie; Hanson (Gary); Hargens; Hundstad; Hunhoff; Juhnke; Klaudt; Kloucek; Koistinen; Lintz; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Rhoden; Sebert; Sigdestad; Solum; Van Gerpen

     Excused:
Brown (Jarvis); Duenwald; Garnos


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 17 was up for reconsideration and final passage.

    The Speaker announced that SB 17 would be placed to follow SB 33 on today's calendar.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 14 as found on page 597 of the House Journal ; also

     Transportation on SB 86 as found on page 605 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


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

     Was read the second time.

     The question being "Shall SB 93 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Duenwald; Garnos

     Absent:
Nachtigal



     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 73:   FOR AN ACT ENTITLED, An Act to   prohibit the sale of prepaid adult entertainment cards and to provide a penalty therefor.

     Was read the second time.

     The question being "Shall SB 73 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

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

     Excused:
Brown (Jarvis); Duenwald; Garnos

     Absent:
Davis

     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 96:   FOR AN ACT ENTITLED, An Act to   limit the damages that may be awarded in a medical malpractice action against an optometrist.

     Was read the second time.

     The question being "Shall SB 96 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0


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

     Nays:
Bradford; Van Norman

     Excused:
Brown (Jarvis); Duenwald; Garnos

     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 107:   FOR AN ACT ENTITLED, An Act to   provide for the transfer of certain statutes regarding domestic abuse.

     Was read the second time.

     The question being "Shall SB 107 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

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

     Nays:
Klaudt; Madsen

     Excused:
Brown (Jarvis); Duenwald; Garnos


     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. Kloucek requested that SB 169 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Heineman requested that SB 58 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

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

     Was read the second time.

     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Bradford; Elliott; Hennies (Don); Hundstad; Kloucek; Nachtigal; Peterson (Jim); Valandra; Van Norman

     Excused:
Brown (Jarvis); Duenwald; Garnos

     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 49:   FOR AN ACT ENTITLED, An Act to   authorize inmates to waive parole hearings.

     Was read the second time.



     The question being "Shall SB 49 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Brown (Jarvis); Duenwald

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 8:   FOR AN ACT ENTITLED, An Act to   authorize the lease of certain public lands for military purposes.

     Was read the second time.

     Rep. Juhnke moved that SB 8 be deferred to Thursday, February 14th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

     Rep. Juhnke moved that SB 177 be deferred to Wednesday, February 13th, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.



     SB 183:   FOR AN ACT ENTITLED, An Act to   prohibit misleading unsolicited commercial e-mails.

     Was read the second time.

     The question being "Shall SB 183 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 18, Excused 2, Absent 1

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

     Nays:
Bradford; Burg; Clark; Elliott; Flowers; Gillespie; Hanson (Gary); Hargens; Hundstad; Klaudt; Kloucek; Lange; Monroe; Nachtigal; Napoli; Nesselhuf; Sigdestad; Van Norman

     Excused:
Brown (Jarvis); Duenwald

     Absent:
Olson (Mel)

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

     SB 48:   FOR AN ACT ENTITLED, An Act to   expand the Board of Pardons and Paroles to nine members.

     Was read the second time.

     The question being "Shall SB 48 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0


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

     Nays:
McCoy; Peterson (Jim)

     Excused:
Brown (Jarvis); Duenwald

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

     SB 32:   FOR AN ACT ENTITLED, An Act to   require photo identification for all aeronautics operations, to increase the pilot registration fee, and to declare an emergency.

     Was read the second time.

32x

     Rep. Clark moved that SB 32 be amended as follows:

     On page 1, line 7 of the Senate Transportation Committee engrossed bill, overstrike " airman's " .

     Which motion prevailed and SB 32 was so amended.

     The question being "Shall SB 32 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 11, Excused 2, Absent 1

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



     Nays:
Begalka; Hargens; Hundstad; Juhnke; Koistinen; Monroe; Nachtigal; Napoli; Pitts; Rhoden; Smidt

     Excused:
Brown (Jarvis); Duenwald

     Absent:
Van Gerpen

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

     Was read the second time.

     The question being "Shall SB 33 pass?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

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

     Nays:
Hennies (Don); Monroe

     Excused:
Brown (Jarvis); Duenwald

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

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

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



17za

     Rep. Hundstad moved that SB 17 be amended as follows:

     On page 1 of the printed bill, remove the overstrikes from lines 7 and 8 .

     On page 1 , delete line 9 , and insert:

"Regents because he does not meet the Board of Regents' foreign language admission".


     On page 1 , delete line 10 , and insert " requirement requirements .".

     Which motion lost.

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 17 pass?"

     And the roll being called:

     Yeas 41, Nays 27, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Richard); Clark; Derby; Duniphan; Elliott; Frost; Fryslie; Garnos; Glenski; Hansen (Tom); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Jensen; Konold; Kooistra; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Slaughter; Smidt; Sutton (Duane); Teupel; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Davis; Flowers; Gillespie; Hanson (Gary); Hargens; Hundstad; Hunhoff; Juhnke; Klaudt; Kloucek; Koistinen; Lange; Lintz; Nachtigal; Napoli; Olson (Mel); Peterson (Jim); Rhoden; Sebert; Sigdestad; Solum; Valandra; Van Gerpen

     Excused:
Brown (Jarvis); Duenwald

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

     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 1021, 1039, 1048, 1067, 1071, 1081, 1103, and 1218 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1020, 1022, 1027, 1028, 1029, 1040, 1042, 1074, 1080, 1100, 1110, 1112, 1138, and 1224 were delivered to his Excellency, the Governor, for his approval at 3:12 p.m., February 12, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     HB 1039: FOR AN ACT ENTITLED, An Act to  allow an application for a concealed pistol permit to be filed electronically.

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

     HB 1067: FOR AN ACT ENTITLED, An Act to  establish a fee for the assignment of a vehicle identification number.

     HB 1071: FOR AN ACT ENTITLED, An Act to  authorize the continuation of a pilot program granting secured parties access to the state's computer system.

     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.

     HB 1103: FOR AN ACT ENTITLED, An Act to  revise the license applications fees and renewal fees for real estate licensees.


     HB 1218: FOR AN ACT ENTITLED, An Act to  revise the definition of the term, crime of violence.

     SB 15: FOR AN ACT ENTITLED, An Act to  repeal and revise certain provisions regarding the composition of the mental health planning and coordination advisory council.

     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.

     SB 18: FOR AN ACT ENTITLED, An Act to  permit the summary disposition of certain contested cases.

     SB 24: FOR AN ACT ENTITLED, An Act to  continue to allow investigative materials to be confidential during the investigative phase and to allow the material to be obtained by parties to a complaint after a probable cause determination is made.

     SB 34: FOR AN ACT ENTITLED, An Act to  remove the exemption for certain tax liability on bonds issued by the Agriculture and Business Development Authority.

     SB 37: FOR AN ACT ENTITLED, An Act to  modify the permissible exclusions for life insurance policies.

     SB 38: FOR AN ACT ENTITLED, An Act to  require certain information to be collected to create a database of certain public officials and public employees for use in the event of an emergency or disaster and to authorize administrative rules to implement the reporting procedures.

     SB 39: FOR AN ACT ENTITLED, An Act to  revise the duties of the filing office in dealing with uniform commercial code records.

     SB 40: FOR AN ACT ENTITLED, An Act to  allocate expenses of the investment council to certain trust funds and to provide provisions for the investment and the distribution of certain trust funds.

     SB 52: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the resolution of unperformed acts and the administration of subsequently discovered property of an estate.

     SB 84: FOR AN ACT ENTITLED, An Act to  revise certain transcript fees.

     SB 122: FOR AN ACT ENTITLED, An Act to  revise certain provisions to the dredges transferred from the state to the South Dakota Lakes and Streams Association.

     SB 123: FOR AN ACT ENTITLED, An Act to  make it permissive for counties to levy a tax for secondary roads in unorganized territories.


     SB 170: FOR AN ACT ENTITLED, An Act to  repeal a provision that requires foster parents to care for a child for not less than two years before the foster parent is a primary consideration for adoption of the child.

     And signed the same in the presence of the House.

     Rep. Sebert moved that the House do now adjourn, which motion prevailed and at 3:28 p.m. the House adjourned.

Karen Gerdes, Chief Clerk