JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 13, 2002

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

     The prayer was offered by the Chaplain, Pastor Wes Labrier, followed by the Pledge of Allegiance led by House page Megan Nelson.

     Roll Call: All members present except Reps. Jarvis Brown, Heineman, and Van Norman 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-sixth 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 12, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1036 and 1241, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 140 and 142 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 19 and returns the same with the recommendation that said bill be amended as follows:

19jb
     On page 2, after line 23 of the Senate Judiciary Committee engrossed bill, insert:

"      Section 5. The provisions of this Act may not be construed to create any cause of action against any person based upon or arising out of any act or omission relating to any good faith response to a terrorist act or an attempted terrorist act.".


19sa
     On page 1 of the Senate Judiciary Committee engrossed bill, delete lines 4 to 13 , inclusive, and insert:

"    Section 1. Any person who intentionally communicates a threat by leaving a substance or device, thereby causing either serious public inconvenience, or the evacuation or serious disruption of a building, place of assembly, facility of public or school transport, or a school related event, is guilty of communicating a terroristic threat. For the purposes of this section, a substance or device includes, but is not limited to, an actual or apparent dangerous weapon, destructive device, dangerous chemical, biological agent, poison, or harmful radioactive substance. A violation of this section is a Class 4 felony.".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 110 and returns the same with the recommendation that said bill be amended as follows:

110ra
     On page 2, between lines 13 and 14 of the printed bill, insert:

"

     An existing franchisee shall give the franchisor prior written notice of the proposed dual arrangement, relocation, or improvement described in subdivisions (5), (6), and (7). The notice shall contain sufficient information for the franchisor to evaluate the proposal. Within sixty days of receiving said notice, the franchisor shall send a letter to the franchisee either approving or disapproving the proposal. If the franchisor does not notify the franchisee of its approval or denial of the dual arrangement, relocation, or improvement within the sixty-day period, the franchisee's proposal shall be deemed to have been approved. No franchisor may unreasonably withhold its approval. Denial of a proposed dual arrangement or facility improvement shall be supported by credible evidence that it will substantially affect in an adverse way the current franchisor or community. Denial of a proposed relocation shall be supported by credible evidence that the new location is not at least equal to the franchisee's former facility. ".

     On page 3 , delete lines 5 to 24 , inclusive.

     On page 4 , delete line 1 .

     And that as so amended said bill 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 141 and returns the same with the recommendation that said bill be amended as follows:

141rb
     On page 5 of the Senate Judiciary Committee engrossed bill, delete line 18 , and insert "prior valuation year;".

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

Respectfully submitted,
Matthew Michels, Vice Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HCR 1017 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1049, 1109, 1130, 1165, and 1171 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1005, 1014, 1015, and 1016 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1129 and 1188 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.
Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Brosz, Ed Olson, and Reedy 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 1189.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Vitter, Bogue, and Sutton 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 1038.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Adelstein moved that the House do concur in Senate amendments to HB 1091.

     The question being on Rep. Adelstein's motion that the House do concur in Senate amendments to HB 1091.

     And the roll being called:

     Yeas 51, Nays 14, Excused 4, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Richard); Burg; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pummel; Rhoden; Richter; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Abdallah; Broderick; Clark; Davis; Fryslie; Hennies (Don); Hundstad; Klaudt; Monroe; Murschel; Napoli; Pitts; Sebert; Sigdestad

     Excused:
Brown (Jarvis); Garnos; Heineman; Van Norman

     Absent:
Wick

     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. Kloucek moved that the House do concur in Senate amendments to HB 1149.

     The question being on Rep. Kloucek's motion that the House do concur in Senate amendments to HB 1149.

     And the roll being called:

     Yeas 65, Nays 0, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; 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; Speaker Eccarius

     Excused:
Brown (Jarvis); Garnos; Heineman; Van Norman

     Absent:
Wick

     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. Teupel moved that the House do concur in Senate amendments to HB 1187.

     The question being on Rep. Teupel's motion that the House do concur in Senate amendments to HB 1187.

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; 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:
Flowers; Lintz

     Excused:
Brown (Jarvis); Garnos; Heineman; Van Norman

     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. Thomas Hennies moved that the House do concur in Senate amendments to HB 1219.

     The question being on Rep. Thomas Hennies' motion that the House do concur in Senate amendments to HB 1219.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Brown (Jarvis); Heineman; Van Norman

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

     HCR 1023   Introduced by:  Representatives Kloucek, Begalka, Bradford, Duenwald, Elliott, Gillespie, Hanson (Gary), Hargens, Hundstad, Jensen, Klaudt, Lange, Lintz, Rhoden, Sigdestad, Sutton (Duane), and Van Gerpen and Senators Hutmacher, de Hueck, Dennert, Duxbury, Hagen, Ham, Kleven, Koskan, Moore, Olson (Ed), Putnam, and Volesky

         A CONCURRENT RESOLUTION,  Supporting mandatory country of origin labeling for agricultural products.

     WHEREAS,  the dramatic increase in the incidence of Bovine Spongiform Encephalopathy in Europe has promoted the World Health Organization to declare its "exposure worldwide" thus critically threatening the safety of our food supply; and

     WHEREAS,  a labeling system that enhances traceability and accountability will help insure the safe consumption of food; and

     WHEREAS,  the taxpaying consumers have made a huge investment in food safety and have the right to know where their food is produced; and

     WHEREAS,  U.S. growers and producers are subject to numerous regulations designed to protect food safety, our environment, and the welfare of our workers, and co-mingling of food produced and processed under these rigorous standards with food from every other source is a practice that undermines the credibility of our food system:

     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 urges Congress to enact legislation that mandates country of origin labeling for meat, dairy products, and produce and requires that products labeled "U.S. Produced" be produced, born, raised, or processed completely in the United States. Any product bearing a "USDA INSPECTED" label should also state the country of origin as a part of that label.

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the report of the Standing Committee on

     Agriculture and Natural Resources on SB 130 as found on page 621 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

     Rep. Broderick moved that SB 127 which was reported out of committee without recommendation be placed on the calendar of Thursday, February 14th, the 28th legislative day.

     The question being on Rep. Broderick's motion that SB 127 be placed on the calendar of Thursday, February 14th, the 28th legislative day.

     And the roll being called:

     Yeas 30, Nays 36, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Richard); Derby; Elliott; Garnos; Glenski; Hennies (Don); Hunhoff; Jaspers; Koistinen; Madsen; McCaulley; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Solum; Teupel; Valandra; Van Gerpen

     Nays:
Bartling; Begalka; Bradford; Burg; Davis; Duenwald; Duniphan; Flowers; Frost; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hundstad; Jensen; Juhnke; Klaudt; Kloucek; Konold; Kooistra; Lange; Lintz; McCoy; Napoli; Olson (Mel); Pederson (Gordon); Sigdestad; Slaughter; Smidt; Sutton (Duane); Van Etten; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Clark; Heineman; Van Norman

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

     Rep. Broderick announced his intention to reconsider the vote by which SB 127 was lost.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 95:   FOR AN ACT ENTITLED, An Act to   revise the total amount of revenue payable to counties from taxes on real property.

     Was read the second time.

     The question being "Shall SB 95 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; 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; Wick; Speaker Eccarius

     Nays:
Glenski; Hennies (Thomas); Michels; Napoli; Richter

     Excused:
Brown (Jarvis); Heineman; 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.

     Rep. Jaspers requested that SB 35 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 55:   FOR AN ACT ENTITLED, An Act to   revise the circumstances under which certain financial instruments are presumed abandoned.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Brown (Jarvis); Heineman; 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.

     SB 72:   FOR AN ACT ENTITLED, An Act to   provide for a renewal fee for nonresident insurance producers and to revise the renewal period for resident insurance producers from annual to biennial.

     Was read the second time.

     The question being "Shall SB 72 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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; Hundstad; Hunhoff; 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:
Napoli

     Excused:
Brown (Jarvis); Heineman; Jaspers; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


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

     Was read the second time.

     The question being "Shall SB 169 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Brown (Jarvis); Heineman; 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.

     SB 58:   FOR AN ACT ENTITLED, An Act to   establish a nursing workforce center under the direction of the Board of Nursing and to provide funding through a fee assessed upon nursing license renewal.

     Was read the second time.

     Rep. Michels moved that SB 58 be deferred to Friday, February 15th, the 29th 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.

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

     The question being "Shall SB 177 pass as amended?"

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

     Nays:
Murschel

     Excused:
Brown (Jarvis); Heineman; 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.

     SB 14:   FOR AN ACT ENTITLED, An Act to   revise certain requirements and responsibilities of the administrator of the Human Services Center.

     Was read the second time.

     Rep. Bill Peterson moved that SB 14 be deferred to Friday, February 15th, the 29th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 86:   FOR AN ACT ENTITLED, An Act to   provide for the use of an ignition interlock device in a motor vehicle used by any person guilty of a second or subsequent violation of driving under the influence.

     Was read the second time.

     Rep. Flowers moved that SB 86 be deferred to Thursday, February 14th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 21:   FOR AN ACT ENTITLED, An Act to   prohibit tax stamping or payment of taxes on cigarettes or roll your own tobacco products produced by certain nonparticipating

manufacturers and to provide for the creation of a directory for compliant nonparticipating manufacturers.

     Was read the second time.

     The question being "Shall SB 21 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 1, Excused 7, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; 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; Speaker Eccarius

     Nays:
Bradford

     Excused:
Brown (Jarvis); Duenwald; Heineman; Klaudt; Nachtigal; Van Norman; Wick

     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 36:   FOR AN ACT ENTITLED, An Act to   impose a sales and use tax on mobile telecommunications services and to implement the federal uniform and simplified sourcing rules for mobile telecommunications services.

     Was read the second time.

     Rep. Jaspers moved that SB 36 be deferred to Thursday, February 14th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 146:   FOR AN ACT ENTITLED, An Act to   revise the issuance and validity of certain fall three-day temporary nonresident waterfowl licenses.

     Was read the second time.


     The question being "Shall SB 146 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 12, Excused 6, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Koistinen; Konold; Lange; Lintz; Madsen; Murschel; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

     Nays:
Abdallah; Bradford; Glenski; Juhnke; Kloucek; Kooistra; McCaulley; McCoy; Michels; Monroe; Olson (Mel); Sutton (Duane)

     Excused:
Brown (Jarvis); Duenwald; Heineman; Klaudt; Van Norman; Wick

     Absent:
Derby

     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 41:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the higher education savings plan and to declare an emergency.

     Was read the second time.

     Rep. Juhnke moved that SB 41 be deferred to Thursday, February 14th, the 28th legislative day.

     Which motion prevailed and the bill was so deferred.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 42 and 114.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that a change has been made in the Senate Conference Committee on HB 1189. The committee should now be Sens. Munson, Ed Olson, and Reedy.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1049, 1109, 1130, 1165, 1170, 1171, 1172, 1180, and 1222 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1009, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor at 10:35 a.m., February 13, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1049: FOR AN ACT ENTITLED, An Act to  authorize the use of online reverse auctions for state purchases.

     HB 1109: FOR AN ACT ENTITLED, An Act to  exempt local governments from certain competitive bid requirements.

     HB 1130: FOR AN ACT ENTITLED, An Act to  revise the provisions related to the sale of surplus governmental property.

     HB 1165: FOR AN ACT ENTITLED, An Act to  permit more time to file local referendums.

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

     HB 1171: FOR AN ACT ENTITLED, An Act to  adjust the salary schedule for the office of state's attorney.

     HB 1172: FOR AN ACT ENTITLED, An Act to  modify the duration period and signing requirements for vehicle weight restrictions.

     HB 1180: FOR AN ACT ENTITLED, An Act to  increase the amount of the lien that is permitted on the parents of a minor child for whom legal counsel has been provided.

     HB 1222: FOR AN ACT ENTITLED, An Act to  provide for the compensation of librarians and library employees.

     SB 50: FOR AN ACT ENTITLED, An Act to  regulate the practice of accountancy.

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1011   Introduced by:  Representatives Richter, Abdallah, Brown (Richard), Davis, Glenski, Heineman, Hennies (Don), Jaspers, McCaulley, Murschel, Peterson (Bill), and Wick and Senators Cradduck, Everist, Koetzle, McIntyre, Moore, Munson, and Staggers

         A LEGISLATIVE COMMEMORATION,  Honoring the Sioux Falls Roosevelt Rough Riders girls' basketball team and their coaches.

     WHEREAS,  the Sioux Falls Rough Riders girls' basketball team has won five AA state championships and 105 consecutive games; and

     WHEREAS,  through the superior leadership and guidance of the dedicated coaches: Nate Malchow, Larry Toft, Denise Klein, and Fred Tibbetts; the intense devotion and motivation of the student athlete players: Megan Stadler, Lori Hargens, AJ Iverson, Charia Anderson, Elise VerMulm, Laura Gadbois, Bethany Christiansen, Kari Eggers, Renae Luecke, Jenna Johnson, Sarah Thimjon, Sara Wallinga, Sarah Krabbenhoft, Lindsay Thomas, Calla Sharping, and

Shenan Wilking; the commitment of the student managers: Ashley Hanson and Brittney Neiles; and the inspiring support of parents and loyal fans; the Rough Riders girls' basketball team achieved unprecedented success in 2001; and

     WHEREAS,  the Rough Riders girls' basketball team in 2001 set a new state record for the number of consecutively won games in a row:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the Roosevelt Rough Riders High School girls' basketball team and coaches be recognized and honored for their excellence in winning another state championship and in being undefeated in the last 105 games they have played.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 3:05 p.m. the House adjourned.

Karen Gerdes, Chief Clerk