JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 14, 2002

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

     The prayer was offered by the Chaplain, Father Christopher Hughes, followed by the Pledge of Allegiance led by House page Cece Pucket.

     Roll Call: All members present except Reps. Jarvis Brown and Richard Brown 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-seventh 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 13, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved HB 1032 and 1033, 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 State Affairs respectfully reports that it has had under consideration SB 61, 91, and 126 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

 Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 156 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 179 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jay L. Duenwald, Chair

 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 167 and returns the same with the recommendation that said bill be amended as follows:

167fc
     On page 2, line 22 of the Senate engrossed bill, delete " Any person desiring to " and insert "A person may".

     On page 2 , line 23, delete " shall apply for " and insert "if the person applies for and obtains".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill be amended as follows:

178rc
     On page 2, after line 4 of the Senate engrossed bill, insert:

"      Section 3. That § 10-6-33.15 be amended to read as follows:

     10-6-33.15.   For the purposes of §  10-6-33.14, the agricultural income value shall be determined using capitalized actual annual cash rent. The actual annual cash rent is the actual annual cash rent , excluding the actual per acre tax on agricultural land, determined through an analysis of actual arm's length rental agreements collected within the county in the year prior to the year for which the income value is being determined. The actual cash rent shall include the per acre tax on agricultural land if such tax is the responsibility of the lessee, is an express provision of the rental agreement, and is paid by the lessee in addition to the actual rental income. The annual cash rent shall be capitalized at eight percent. ".


     And that as so amended said bill do pass.

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

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 157 and 168 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 120 which was 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 158 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 102 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 Education respectfully reports that it has had under consideration SB 149 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Scott Eccarius, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 29, 103, 108, and 172 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 151 and returns the same with the recommendation that said bill be amended as follows:

151jj
     On page 2, line 12 of the Senate engrossed bill, after " association, " insert "bank holding company as defined in 12 USC 1841, as amended as of January 1, 2002,".

     On page 2 , line 14, delete everything after " Act " and insert ".".
     On page 2 , delete line 15 .

     On page 4 , line 7, after " by " insert "the".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 148 and returns the same with the recommendation that said bill be amended as follows:

148ja
     On page 1, line 11 of the Senate engrossed bill, overstrike " applicant " and insert " applicant's physician ".

     On page 1 , line14, remove the underscored material.

     And that as so amended said bill 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 181 and tabled the same.

Respectfully submitted,
Claire B. Konold, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1189 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1189 be amended as follows:

     On the Senate Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the House Judiciary Committee engrossed version.

Respectfully submitted,             Respectfully submitted,
Hal Wick                        David R. Munson
Gene G. Abdallah                    Ed Olson
Jim Hundstad                    John J. Reedy
House Committee                    Senate Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1119 having been reported without recommendation was lost for lack of placement on the Senate calendar.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1050, 1054, 1079, 1133, 1134, 1151, 1153, 1190, 1254, 1255, and 1256 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1024 and 1299 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1020 and 1022 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

     Speaker Pro tempore Michels now presiding.

MOTIONS AND RESOLUTIONS


     HCR 1018:   A CONCURRENT RESOLUTION,   Expressing the sense of the South Dakota State Legislature about management of the Black Hills National Forest.

     Rep. Teupel moved that HCR 1018 as found on page 494 of the House Journal be adopted.

c1018ta

     Rep. Teupel moved that HCR 1018 be amended as follows:

     On page 495, after line 21 of the House Journal, insert:

"
     BE IT FURTHER RESOLVED,  that South Dakota's Congressional Delegation is requested to help enact legislation that will allow the United States Forest Service to implement on-the- ground steps to reduce the risk of catastrophic wildfire in Beaver Park and other high risk areas in the Black Hills National Forest prior to the 2002 fire season; and

     BE IT FURTHER RESOLVED,  that the Black Hills National Forest should be strongly considered for designation as a "Charter Forest," as presented in the President's FY 2003 Budget Request to Congress; and".

     On page 495 , line 22, delete " secretary of state " and insert "Secretary of State".

     On page 495 , delete line 24 , and insert "Bush; the Secretary of Agriculture, Ann Venneman; the United States Forest Service Chief, Dale N. Bosworth; the President of the Senate ".

     On page 495 , line 25, delete " , " and insert ";".

     Which motion prevailed and HCR 1018 was so amended.

     The question being on Rep. Teupel's motion that HCR 1018 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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; 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); Brown (Richard)

     Absent:
Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1018 was adopted as amended.

      Rep. Madsen moved that the House do concur in Senate amendments to HB 1129.

     The question being on Rep. Madsen's motion that the House do concur in Senate amendments to HB 1129.

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

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

     Excused:
Brown (Jarvis); Brown (Richard)

     Absent:
Bradford

     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 1188.

     The question being on Rep. Teupel's motion that the House do concur in Senate amendments to HB 1188.

     And the roll being called:

     Yeas 66, Nays 1, Excused 2, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Van Norman

     Excused:
Brown (Jarvis); Brown (Richard)

     Absent:
Smidt

     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.

     HCR 1023:   A CONCURRENT RESOLUTION,   Supporting mandatory country of origin labeling for agricultural products.

     Rep. Kloucek moved that HCR 1023 as found on page 646 of the House Journal be adopted.

     The question being on Rep. Kloucek's motion that HCR 1023 be adopted.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Brown (Jarvis); Brown (Richard)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1023 was adopted.

     Rep. Eccarius moved that SB 166 be referred from the Committee on Education to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

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

     Rep. Broderick moved that the House do now reconsider the vote by which SB 127 was lost.

     Rep. Richter moved the previous question.

     Which motion prevailed.

     The question being on Rep. Broderick's motion to reconsider the vote by which SB 127 was lost.

     And the roll being called:

     Yeas 28, Nays 40, Excused 2, Absent 0

     Yeas:
Abdallah; Bradford; Broderick; Derby; Duenwald; Glenski; Heineman; Hennies (Don); Holbeck; Hunhoff; Jaspers; Jensen; Koistinen; Madsen; Michels; Monroe; Murschel; Nesselhuf; Peterson (Bill); Pitts; Pummel; Richter; Sebert; Slaughter; Solum; Teupel; Van Gerpen; Van Norman

     Nays:
Adelstein; Bartling; Begalka; Burg; Clark; Davis; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Juhnke; Klaudt; Kloucek; Konold; Kooistra; Lange; Lintz; McCaulley; McCoy; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Sigdestad; Smidt; Sutton (Duane); Valandra; Van Etten; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Brown (Richard)

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

HONORED GUESTS


     Rep. Monroe introduced Jean "Dawn" Morris of Pierre, National Mother of the Year.

MOTIONS AND RESOLUTIONS

(Continued)

     HCR 1024   Introduced by:  Representatives Kloucek, Bartling, Bradford, Burg, Elliott, Hanson (Gary), Nachtigal, and Valandra and Senators Volesky, Hutmacher, Koetzle, and Moore

         A CONCURRENT RESOLUTION,  Proposing a moratorium on the importation of live cattle and certain beef products.

     WHEREAS,  Americans enjoy the safest and most abundant food supply in the world, which reflects the tremendous productivity and efficiency of our agricultural economy and our farming and ranching community; and

     WHEREAS,  it is of the utmost importance to the people of the United States to maintain the safety and reliability of our food supply and to protect our food supply from contamination from whatever source; and

     WHEREAS,  in recent years the world's food supply has faced new threats in the form of food-borne illnesses and illness-causing organisms, such as salmonella, E. coli bacteria, and listeria monocytogenes, as well as the emergence of antibiotic-resistant organisms associated with contamination of the food supply; and

     WHEREAS,  another factor that poses a threat to our food supply lies in potential contamination in the huge variety of imported ethnic and exotic fresh and processed foods from all over the world that are now available to Americans; and

     WHEREAS,  the outbreak of mad cow disease in Europe introduces a frightening and lethal condition that could eventually spread to many parts of the world if proper measures are not taken to contain it; and

     WHEREAS,  the agricultural sector of the American economy is capable of providing a safe and sufficient food supply to meet the needs of the American people and to avoid some of the more serious sources of food-borne illnesses:

     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 South Dakota Legislature supports a moratorium on all imports of live cattle, beef, pre-cooked beef, and all beef products for a period of one year or until importers can prove that the cattle and beef are free of Bovine Spongiform Encephalopathy or Mad Cow Disease and free of Foot and Mouth Disease for the protection of the American consumer.

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

      HCR 1025   Introduced by:  Representatives Kooistra, Elliott, Hennies (Don), Kloucek, Lange, McCoy, Olson (Mel), and Smidt and Senators Koetzle, Daugaard, McIntyre, and Moore

         A CONCURRENT RESOLUTION,  Encouraging the Department of Military and Veterans Affairs to conduct a feasibility study of the possibility of establishing an East River State Veterans Home.

     WHEREAS,  approximately 70,000 South Dakotans are veterans, which is one in ten of our population; and

     WHEREAS,  it is the role of the State Veterans Home to assist in providing residence and subsistence for veterans, their wives and widows; and

     WHEREAS,  there exists strong support for such project from the South Dakota Veterans Organizations; and

     WHEREAS,  the South Dakota congressional delegation has been diligent in their efforts to secure federal funding; and

     WHEREAS,  there exist several state and other governmental facilities and or properties located East River as possible sites:

     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 Military and Veterans Affairs be encouraged to conduct a feasibility study of the possibility of establishing an East River State Veterans Home, which would include, but not be limited to, cost and possible sites.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Judiciary on SB 19 as found on pages 640 and 641 of the House Journal ; also

     Judiciary on SB 110 as found on page 641 of the House Journal ; also

     Judiciary on SB 141 as found on pages 641 and 642 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 140:   FOR AN ACT ENTITLED, An Act to   revise certain provisions governing trusts.

     Was read the second time.

     The question being "Shall SB 140 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     Excused:
Brown (Jarvis); Brown (Richard)

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

     SB 142:   FOR AN ACT ENTITLED, An Act to   allow certain trusts to be shareholders in certain professional organizations.

     Was read the second time.

     The question being "Shall SB 142 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

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

     Excused:
Brown (Jarvis); Brown (Richard)

     Absent:
Adelstein

     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.

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

     The question being "Shall SB 8 pass?"

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Hundstad; Juhnke; Kloucek; Konold; Lange; Madsen; Michels; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Richter; Sebert; Sigdestad; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Broderick; Duenwald; Frost; Fryslie; Garnos; Holbeck; Hunhoff; Jaspers; Jensen; Klaudt; Koistinen; Kooistra; Lintz; McCaulley; McCoy; Murschel; Napoli; Pummel; Rhoden; Slaughter; Sutton (Duane); Valandra; Van Norman

     Excused:
Brown (Jarvis); Brown (Richard)

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

     SB 35:   FOR AN ACT ENTITLED, An Act to   revise the proration of ethanol payments to ethanol producers.

     Was read the second time.

     Rep. Jaspers moved that SB 35 be deferred to Tuesday, February 19th, the 30th 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.

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

86of

     Rep. Flowers moved that SB 86 be amended as follows:

     On page 2 of the House Transportation Committee engrossed bill, remove the overstrikes from lines 2 to 4 , inclusive.

     Which motion prevailed and HB 86 was so amended.

86oh

     Rep. Flowers moved that SB 86 be further amended as follows:

     On page 2, line 8 of the House Transportation Committee engrossed bill, after " distance. " insert " However, the court may permit the person to drive a motor vehicle without a device if the motor vehicle is driven for the purpose of employment and the vehicle is owned by the employer. ".

     Which motion prevailed and SB 86 was so amended.

86oe

     Rep. Adelstein moved that SB 86 be further amended as follows:

     On page 2 of the House Transportation Committee engrossed bill, remove the overstrikes from lines 2 to 4 , inclusive.

     On page 2, line 5, delete " may " and insert " shall ".

     Which motion lost.

     Rep. Bill Peterson moved the previous question.

     Which motion lost.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 86 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 39, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Burg; Clark; Davis; Elliott; Flowers; Frost; Glenski; Hanson (Gary); Hennies (Thomas); Klaudt; Kloucek; Koistinen; Lange; Lintz; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pummel; Richter; Sigdestad; Teupel; Valandra; Van Norman; Speaker Eccarius

     Nays:
Abdallah; Begalka; Broderick; Derby; Duenwald; Duniphan; Fryslie; Garnos; Gillespie; Hansen (Tom); Hargens; Heineman; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Kooistra; Madsen; McCaulley; Michels; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Rhoden; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Wick

     Excused:
Brown (Jarvis); Brown (Richard)

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

     Rep. Kloucek announced his intention to reconsider the vote by which SB 86 was lost.

     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.

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

36ta
     Rep. Jaspers moved that SB 36 be amended as follows:

     On page 2, line 9 of the Senate Taxation Committee engrossed bill, before " any " insert " the term, 911 emergency surcharge, means ".

     Which motion prevailed and SB 36 was so amended.

     The question being "Shall SB 36 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 4, Excused 5, Absent 1

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

     Nays:
Hennies (Don); Klaudt; McCaulley; Monroe

     Excused:
Brown (Jarvis); Brown (Richard); Derby; Peterson (Bill); Pummel

     Absent:
Pederson (Gordon)

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

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

     The question being "Shall SB 41 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; 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; 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); Brown (Richard); Koistinen

     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 130:   FOR AN ACT ENTITLED, An Act to   provide for the implementation of certain prairie dog management plans or activities with legislative approval.

     Was read the second time.

     The question being "Shall SB 130 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Burg; Davis; Derby; Duenwald; 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; 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); Brown (Richard); Clark; Garnos; Koistinen

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

     Was read the second time.

     The question being "Shall SB 124 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent 0

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

     Nays:
Van Norman

     Excused:
Brown (Jarvis); Brown (Richard); Clark

     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 118:   FOR AN ACT ENTITLED, An Act to   prohibit smoking in public places.

     Was read the second time.

     Rep. Hargens moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 118 pass as amended?"

     And the roll being called:


     Yeas 40, Nays 28, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Burg; Clark; Derby; Duniphan; Elliott; Frost; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Kloucek; Kooistra; Lange; McCaulley; McCoy; Michels; Nesselhuf; Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sigdestad; Smidt; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Abdallah; Broderick; Davis; Duenwald; Flowers; Fryslie; Garnos; Gillespie; Heineman; Hennies (Don); Hennies (Thomas); Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; Monroe; Murschel; Nachtigal; Napoli; Olson (Mel); Pederson (Gordon); Rhoden; Sebert; Slaughter; Solum; Valandra

     Excused:
Brown (Jarvis); Brown (Richard)

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

     Rep. Napoli announced his intention to reconsider the vote by which SB 118 was passed.

     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 93.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 32 and has appointed Sens. Brown, Greenfield, and Duxbury 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.

Respectfully,
Patricia Adam, Secretary

      The Speaker appointed Reps. Broderick, Konold, and Elliott as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 32.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1050, 1054, 1079, 1091, 1129, 1133, 1134, 1149, 1151, 1153, 1187, 1188, 1190, 1219, 1254, 1255, and 1256 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1021, 1039, 1048, 1067, 1071, 1081, 1103, and 1218 were delivered to his Excellency, the Governor, for his approval at 3:38 p.m., February 13, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1050: FOR AN ACT ENTITLED, An Act to  revise the definition of a grain dealer.

     HB 1054: FOR AN ACT ENTITLED, An Act to  require the service of certain documents on the Interim Rules Review Committee a certain time before the committee meets to review the rules.

     HB 1079: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to preferential deposits of financial institutions.

     HB 1091: FOR AN ACT ENTITLED, An Act to  make compliance with federal selective service requirements a condition of obtaining certain driver licenses.

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

     HB 1133: FOR AN ACT ENTITLED, An Act to  revise certain requirements for displaying motor vehicles at events.


     HB 1134: FOR AN ACT ENTITLED, An Act to  revise the time at which bond is required of a surplus line broker.

     HB 1149: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the awarding of high school diplomas to certain veterans.

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

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

     HB 1187: FOR AN ACT ENTITLED, An Act to  allow certain school district transfers.

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

     HB 1190: FOR AN ACT ENTITLED, An Act to  revise certain insurance provisions regarding the surety bonds that are exempt from the requirements of countersignature by resident agents.

     HB 1219: FOR AN ACT ENTITLED, An Act to  revise the household income threshold and index factor for determining certain freezes on property assessments and to declare an emergency.

     HB 1254: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to livestock auction agencies and livestock dealers and to establish a penalty.

     HB 1255: FOR AN ACT ENTITLED, An Act to  provide that the provisions limiting the number of retail alcohol licenses that may be issued to one person do not apply to certain additional convention facility on-sale licenses.

     HB 1256: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding title insurance reserves.

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

     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.

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


     SB 42: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the registration of sex offenders.

     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.

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

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

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

     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.

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

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

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

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

     SB 114: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to township meetings.

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

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1012   Introduced by:  Representatives Bradford, Abdallah, Bartling, Brown (Richard), Burg, Davis, Elliott, Flowers, Glenski, Hargens, Heineman, Hennies (Don), Hennies (Thomas), Hundstad, Juhnke, Klaudt, Konold, Kooistra, Lange, McCoy, Nachtigal, Napoli, Nesselhuf,

Olson (Mel), Peterson (Bill), Peterson (Jim), Pitts, Valandra, Van Gerpen, and Van Norman and Senators Hagen, Hutmacher, Koetzle, McIntyre, Moore, Sutton (Dan), and Volesky

         A LEGISLATIVE COMMEMORATION,  Honoring Darrell "Brownie" Eagle Bull for his commitment and achievements in the area of community education.

     WHEREAS,  Darrell Eagle Bull has spent his career working for children and education in the Pine Ridge community; and

     WHEREAS,  Darrell has set aside his own educational progress to work for students and family in the Twenty-first Century Program; and

     WHEREAS,  by his sacrifices, Darrell has made the Twenty-first Century Program in Shannon County one of the most outstanding in the state by positively affecting over one hundred fifty children and their parents; and

     WHEREAS,  Darrell's dedication has extended to after school programs and he has given up his own time for children and community:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Darrell "Brownie" Eagle Bull be honored for his copious dedication and service to his community, his tribe, and his state.

     HC 1013   Introduced by:  Representatives Peterson (Bill), Eccarius, and Olson (Mel) and Senators Brown (Arnold), Everist, and Hutmacher

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Phyllis Petersen for her outstanding service to the Legislative Research Council.

     WHEREAS,  Phyllis Petersen has served the Legislature for twenty-four years, first as a seasonal employee, and since 1991, as a full-time employee. Phyllis has prepared the Daily Journal of the House of Representatives for eleven years and the Redbook for eight years. During the interim she has provided administrative assistance to various study committees and the Rules Review Committee; and

     WHEREAS,  outside the office, Phyllis enjoys a variety of recreational activities such as running, biking, walking, and canoeing and has participated in a range of running events including marathons and half marathons. She has also organized numerous runs and walks for charitable organizations and events in the community of Pierre and approaches all aspects of her life with unbounded energy and enthusiasm; and

     WHEREAS,  Phyllis Petersen loves spending time with her family, which includes her husband, Dana "Mick" Petersen; their daughter, Betsy, and her husband, Gary; their daughter, Jill, and her husband, Fred; their son, Marc; and their grandchildren, Henry and Anna. Phyllis loves to share short stories and photographs of her family, especially her grandchildren:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Phyllis Petersen be commended for her many years of outstanding service to the Legislative Research Council and be extended best wishes on her retirement that it may be filled with her favorite activities, among them spending time with her grandchildren and preparing for her next marathon.

     Rep. Duane Sutton moved that the House do now adjourn, which motion prevailed and at 5:01 p.m. the House adjourned.

Karen Gerdes, Chief Clerk