House Journal 02/15/2002 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SEVENTH SESSION

TWENTY-NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 15, 2002

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

The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance led by House page Nicole Veitz .

Roll Call: All members present except Reps. Bradford, Jarvis Brown, Heineman, and Nachtigal who were excused.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-eighth 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

The Honorable Scott Eccarius
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1131 and VETO the same. House Bill 1131 is, "An Act to provide for the civil recovery of unpaid property and services."

This bill is intended to provide a civil rather than criminal method for gas stations, convenience stores, restaurants, and hotels to pursue people who drive off without paying for goods or service.

In their zeal to protect the retailer, the authors of House Bill 1131 have created a hole in the criminal justice system for stalkers and predators to scuttle through. The hole is where this bill requires law enforcement to give the retailer name and address information on the owner of a motor vehicle. Law enforcement has no choice; the information shall be provided. This could lead to law enforcement indirectly providing the information stalkers and predators need to locate victims. This is an unintended consequence the supporters of this bill did not anticipate.

There is a considerable potential for abuse and little protection for the public in this bill. I understand the problem and believe we can trust the vast majority of retailers to act responsibly, but I also know that not everyone can be trusted. I am aware of one prominent example of an official in local public office who used his access to police radios and motor vehicle databases to get license plate information and then contact and harass unsuspecting women. This bill would give any retailer the access to the same information as a state's attorney.

The term "retailer" is not defined in the bill and could mean the owner, any employee (full or part time), or family members of the owner or employees. There is no requirement that a retailer use the motor vehicle information obtained under this bill in a lawful manner. Men, women, and children in this state should be concerned that any retailer could trace a friend, relative, or neighbor for purposes unrelated to collecting a debt.

Until there is some protection for South Dakota's citizens, I must reject this bill to protect them from that element of society that preys on the weak, helpless, and unsuspecting.

In addition to these reasons, House Bill 1131 has other problems that give rise to the following serious questions about whether this legislation will work as intended.

    1 *      There is no requirement for a showing of proof to get motor vehicle information. A retailer merely needs to make a demand and law enforcement must respond by providing a name and address.

    1 *      In the absence of some showing of proof, mistakes in ownership or identity could result in unsubstantiated accusations about innocent people.

    1 *      Many vehicles are owned by more than one person. In such cases, who is responsible?

    1 *      The owner(s) of the vehicle is liable for the goods and service without any proof that the owner(s) of the vehicle was present.

    1 *      Approximately 280,000 used motor vehicles a year require a title transfer to another person. Once the transaction is complete between the parties, then a new title is requested from the Department of Revenue. It's common for a vehicle to go a month or more before the changed title and new name are available to law enforcement. This would result in a false accusation made against the person who sold the vehicle instead of against the new owner.

    1 *      How would a retailer proceed against owners of rented, leased, or corporately owned vehicles? How does a retailer proceed against a car owned by Alamo, Hertz, National, Budget, or Avis car rental companies? How does a retailer proceed against a truck owned by U-Haul or Ryder?

    1 *      How would a retailer proceed against out of state license plate holders?

    For the reasons stated above, I respectfully request that you concur in my action.

Respectfully submitted,
William J. Janklow

REPORTS OF STANDING COMMITTEES

The Committee on Appropriations respectfully reports that it has had under consideration SB 90 and 186 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 113 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 State Affairs respectfully reports that it has had under consideration SB 81 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 12 of the Senate Commerce Committee engrossed bill, delete everything after " department. " .

On page 2 , delete lines 13 to 23 , inclusive.

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 182 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the Senate engrossed bill, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

On page 3 , line 17, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

On page 2, line 4 of the Senate engrossed bill, delete " two newspaper columns in width " and insert " one-fourth of a page in size ".

On page 2 , line 5, after " statement " insert " in a typeface no less than one-half inch or thirty-six point type ".

On page 2 , line 18, delete " printed in each official newspaper in the local " and insert " delivered to each newspaper, radio, and television outlet that delivers or transmits into the school district. ".

On page 2 , delete line 19 .

On page 4 , line 3, delete " two newspaper columns in width " and insert " one-fourth of a page in size ".

On page 4 , line 4, after " statement " insert " in a typeface no less than one-half inch or thirty-six point type ".

On page 4 , line 17, delete " printed in each official newspaper " and insert " delivered to each newspaper, radio, and television outlet that delivers or transmits ".

On page 5, after line 13 of the Senate engrossed bill, insert:

" Section 3. That chapter 10-12 be amended by adding thereto a NEW SECTION to read as follows:

The decision of the governing body of a school district to increase the levy or impose a new levy for the school district pension fund, capital outlay fund, or special education fund may be referred to a vote of the people upon a petition signed by at least five percent of the registered voters in the school district and filed with the governing body within twenty days of the first publication of the decision. The referendum election shall be held on or before October first of the year prior to the time the taxes are payable.

Section 4. That chapter 10-12 be amended by adding thereto a NEW SECTION to read as follows:

The decision of the governing body to increase the levy or impose a new levy for the school district pension fund, capital outlay fund, or special education fund is subject to public announcement according to the following requirements:

(1) The decision of the governing body shall be first published within ten days of the decision;

(2) Publication shall be made at least twice in the legal newspaper designated pursuant to § 13-8-10, with no fewer than five days between publication dates, before the new levy or increased levy takes effect;

(3) The announcement shall be at least two newspaper columns in width;

(4) The announcement shall be headed with the following statement: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall consist of a reproduction of the "Resolution for Tax Increase," including the amount that property taxes will be

increased annually by the proposed tax increase and a statement of the right to refer the decision of the board to a vote of the people as provided in this section. The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the school district for notification of taxpayers as required by this section.

However, the requirements of subdivisions (3) and (4) may be waived if:

(A) The tax increase is for less than fifteen thousand dollars; or

(B) A copy of the resolution for tax increase is mailed to every property taxpayer in the local governmental unit, by first class mail or bulk mail, within twenty days of the decision to tax increase; and

(C) A copy of the resolution for tax increase is printed in each official newspaper in the local governmental unit's boundaries.

For the purposes of subsections (A), (B), and (C), the first publication is not deemed to have occurred until three days after the mailing is sent or the resolution is delivered to the official newspaper.".

On page 1, line 2 of the Senate engrossed bill, after " freeze " insert "and for levying or increasing a property tax".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 184 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 18 of the Senate State Affairs Committee engrossed bill, delete " Deviate " and insert "Deviant".

On page 5 , line 15, delete " deviate " and insert "deviant".

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 5 and returns the same with the recommendation that said resolution be amended as follows:

On page 2, line 9 of the printed resolution, delete " supplies, equipment " and insert "commodities".

On page 1, line 2 of the printed resolution, after " to " delete " the " .

And that as so amended said resolution do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 7 and tabled the same.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HCR 1021 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

REPORTS OF CONFERENCE COMMITTEES

The Conference Committee respectfully reports that it has considered HB 1038 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1038 be amended as follows:

Delete all Senate amendments, thus restoring the bill to the printed version.

On page 1 , line 12 of the printed bill, after " by any " insert " certified ".

On page 1 , line 14, after " any " insert " certified ".

Respectfully submitted,             Respectfully submitted,
B. Michael Broderick, Jr.            Drue J. Vitter
Charles E. Flowers
Clarence L. Kooistra                Dan Sutton
House Committee                    Senate Committee

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Wick moved that the report of the Conference Committee on HB 1189 as found on page 661 of the House Journal be adopted.

The question being on Rep. Wick's motion that the report of the Conference Committee on HB 1189 be adopted.

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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

Nays:
Koistinen

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal

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

HONORED GUESTS

Rep. Rhoden introduced Coleen C. Keffeler of Sturgis, National Teacher of the Year for Career and Technical Education.

MESSAGES FROM THE SENATE

I have the honor to return herewith HB 1002, 1053, 1211, 1216, 1234, 1253, 1300, 1301, and HJR 1007 and 1010 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1001, 1003, 1052, 1075, 1135, 1141, 1181, 1226, and 1283 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 failed to concur in House amendments to SB 183 and has appointed Sens. Bogue, Drake, and Dan 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on HB 1189.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 177 and has appointed Sens. Everist, de Hueck, and Hutmacher 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. Madsen, McCaulley, 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 183.

The Speaker appointed Reps. Juhnke, Pitts, and Gillespie 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 177.

MOTIONS AND RESOLUTIONS

Rep. Broderick moved that the House do concur in Senate amendments to HB 1024.

Rep. Teupel moved as a substitute motion that the House do not concur in Senate amendments to HB 1024 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.

Rep. Abdallah moved that Rep. Teupel's substitute motion be laid on the table.

The question being on Rep. Abdallah's motion that Rep. Teupel's substitute motion be laid on the table.

A roll call vote was requested and supported.

And the roll being called:

Yeas 26, Nays 40, Excused 4, Absent 0

Yeas:
Abdallah; Broderick; Clark; Derby; Duniphan; Frost; Garnos; Hansen (Tom); Holbeck; Koistinen; Konold; Kooistra; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pummel; Sebert; Slaughter; Smidt; Solum; Van Etten; Wick

Nays:
Adelstein; Bartling; Begalka; Brown (Richard); Burg; Davis; Duenwald; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Lange; Lintz; Madsen; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Richter; Sigdestad; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman; Speaker Eccarius

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal

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

The question being on Rep. Teupel's substitute motion that the House do not concur in Senate amendments to HB 1024 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.

A roll call vote was requested and supported.

And the roll being called:

Yeas 43, Nays 23, Excused 4, Absent 0

Yeas:
Adelstein; Bartling; Begalka; Brown (Richard); Burg; Davis; Duenwald; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Lange; Lintz; Madsen; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Richter; Sigdestad; Slaughter; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Speaker Eccarius

Nays:
Abdallah; Broderick; Clark; Derby; Duniphan; Frost; Garnos; Holbeck; Konold; Kooistra; McCaulley; McCoy; Michels; Monroe; Murschel; Pederson (Gordon); Peterson (Bill); Pummel; Sebert; Smidt; Solum; Van Norman; Wick

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

Rep. Michels moved that the House do concur in Senate amendments to HB 1299.

The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1299.

And the roll being called:

Yeas 65, Nays 1, Excused 4, Absent 0

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

Nays:
Hennies (Don)

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal

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 1024: A CONCURRENT RESOLUTION, Proposing a moratorium on the importation of live cattle and certain beef products.

Rep. Kloucek moved that HCR 1024 as found on page 667 of the House Journal be adopted.

The question being on Rep. Kloucek's motion that HCR 1024 be adopted.

And the roll being called:

Yeas 22, Nays 43, Excused 4, Absent 1

Yeas:
Bartling; Burg; Davis; Elliott; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Klaudt; Kloucek; Kooistra; Lange; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Rhoden; Sigdestad; Valandra; Van Norman; Speaker Eccarius

Nays:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal

Absent:
Flowers

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

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

Rep. Kooistra moved that HB 1025 as found on page 668 of the House Journal be adopted.

The question being on Rep. Kooistra's motion that HB 1025 be adopted.

And the roll being called:

Yeas 40, Nays 26, Excused 4, Absent 0

Yeas:
Abdallah; Bartling; Brown (Richard); Burg; Clark; Davis; Duenwald; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Kloucek; Konold; Kooistra; Lange; McCoy; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Rhoden; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Valandra; Van Gerpen; Van Norman

Nays:
Adelstein; Begalka; Broderick; Derby; Duniphan; Frost; Garnos; Hansen (Tom); Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Lintz; Madsen; McCaulley; Michels; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Teupel; Van Etten; Wick; Speaker Eccarius

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1025 was adopted.

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

No member moved to reconsider the vote by which SB 86 was lost.

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

No member moved to reconsider the vote by which SB 118 was passed.

HCR 1026 Introduced by: Representatives Kloucek, Bartling, Bradford, Burg, Davis, Elliott, Flowers, Gillespie, Glenski, Hanson (Gary), Hundstad, Lange, Nachtigal, Nesselhuf, Olson (Mel), Peterson (Jim), Sigdestad, and Van Norman and Senators Volesky, Hagen, and Koetzle

A CONCURRENT RESOLUTION, Urging South Dakota to adopt a prescription savings program modeled after the Iowa Priority Prescription Savings Program and to combine with Iowa for negotiating influence to reduce prescription prices for Medicare-eligible individuals.

WHEREAS, the Iowa Priority Prescription Savings Program was developed to ease the financial burden of high prescription medication costs for Medicare-eligible individuals; and

WHEREAS, the Iowa Priority Prescription Savings Program is offered through the Iowa Prescription Drug Corporation, a not-for-profit organization, created through an alliance of consumers, pharmacists, physicians, and pharmaceutical companies; and

WHEREAS, the Prescription Drug Corporation selected Argus Health Systems as its pharmacy benefit manager and Argus has a reputation for excellent service and quality and has established relationships with pharmaceutical companies and pharmacists; and

WHEREAS, the Iowa Priority Prescription Savings Program requires Argus Health Systems to provide several services including negotiating lower prescription prices with pharmaceutical companies for its members; and

WHEREAS, the Iowa Priority Prescription Savings Program allows Medicare-eligible individuals to purchase membership for twenty dollars and in return receive discounted pharmaceutical drugs; and

WHEREAS, reducing the cost of prescription drugs for Medicare-eligible individuals is an important step in maintaining and improving the overall health of Medicare-eligible individuals; and

WHEREAS, reducing the overall costs of prescription drugs makes it easier for Medicare- eligible individuals to take the recommended dosages prescribed by physicians and follow the proper drug therapies that physicians recommend:

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 South Dakota examine the Iowa Priority Prescription Savings Program with the goal of implementing a program in the state modeled after the Iowa Priority Prescription Savings Program and combine with Iowa for negotiating influence to further reduce prescription drug prices.

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

HCR 1027 Introduced by: Representatives Peterson (Bill), Derby, Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Napoli, and Richter and Senators Everist, Bogue, Brown (Arnold), Diedrich (Larry), and Drake

A CONCURRENT RESOLUTION, Encouraging South Dakota's delegation in the United States Congress to pass an economic stimulus package that creates jobs and ensures a strong economy for America's future prosperity and security.

WHEREAS, President Bush, in his State of the Union Address, committed our nation to achieving three great goals: winning the war on terrorism, protecting our Homeland, and revitalizing our economy through job creation; and

WHEREAS, it is the sense of the South Dakota Legislature that revitalization of the economy and creation of new jobs is a national priority; and

WHEREAS, we need an economic stimulus package to boost growth now and get people back to work now; and

WHEREAS, bipartisan economic stimulus legislation has been proposed that would invigorate the economy and promote job creation by assisting small businesses; and

WHEREAS, the President's plan includes an aggressive job creation package that accelerates middle class tax relief, creates jobs by spurring investment, and makes available in FY 2003 a total of $9.3 billion, a thirty-six percent increase, to help unemployed workers get job training, get back to work, and get health care assistance; and

WHEREAS, this legislation reduces taxes for low- and moderate-income households beyond relief already approved by Congress, ensuring that the most vulnerable workers will have more money in their pockets; and

WHEREAS, the future prosperity of this nation's economic stability is threatened not only by terrorism, but also by Congressional inaction; and

WHEREAS, the South Dakota Legislature is struggling to meet its obligations because of declining revenues due to a faltering economy; and

WHEREAS, the best way to guarantee future surpluses is to guarantee future economic growth:

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 South Dakota's delegation in the United States Congress is strongly encouraged to break the Congressional gridlock, return to negotiations, and proceed with legislation that creates jobs and ensures a strong economy for our state and nation's prosperity and security.

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 Committees on

Taxation on SB 167 as found on page 659 of the House Journal ; also

Taxation on SB 178 as found on page 659 of the House Journal ; also

Commerce on SB 151 as found on pages 660 and 661 of the House Journal ; also

Commerce on SB 148 as found on page 661 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of vehicle dealers.

Was read the second time.

The question being "Shall SB 110 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; 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; 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; Van Norman; Wick; Speaker Eccarius

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt

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 141: FOR AN ACT ENTITLED, An Act to authorize total return unitrusts.

Was read the second time.

The question being "Shall SB 141 pass as amended?"

And the roll being called:

Yeas 63, Nays 1, Excused 6, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; 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; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Nays:
Hennies (Don)

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt; Sutton (Duane)

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

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

Was read the second time.

The question being "Shall SB 179 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt; Sutton (Duane)

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

SB 102: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to education for certain consolidated school districts.

Was read the second time.

The question being "Shall SB 102 pass as amended?"

And the roll being called:

Yeas 64, Nays 0, Excused 6, Absent 0

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

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt; Sutton (Duane)

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

SB 29: FOR AN ACT ENTITLED, An Act to revise certain fees for special inspections and examination of certain weighing and measuring devices and certain standards and testing equipment.

Was read the second time.

The question being "Shall SB 29 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent 0

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

Nays:
Hargens; Peterson (Jim)

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt; Sutton (Duane)

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

Was read the second time.

The question being "Shall SB 103 pass as amended?"

And the roll being called:

Yeas 60, Nays 4, Excused 6, Absent 0

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

Nays:
Elliott; Hennies (Don); Monroe; Van Norman

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt; Sutton (Duane)

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

Rep. Garnos requested that SB 108 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 172: FOR AN ACT ENTITLED, An Act to revise the effective date of certain provisions related to insurance taxes.

Was read the second time.

The question being "Shall SB 172 pass?"

And the roll being called:

Yeas 63, Nays 0, Excused 6, 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; 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; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

Excused:
Bradford; Brown (Jarvis); Heineman; Nachtigal; Smidt; Sutton (Duane)

Absent:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Bill Peterson moved that SB 58, 14, 19, 156, 83, 157, 168, and 158 be deferred to Tuesday, February 19^th, the 30^th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1002, 1053, 1211, 1216, 1234, 1253, 1300, 1301, and HJR 1007 and 1010 and finds the same correctly enrolled.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1002: FOR AN ACT ENTITLED, An Act to impose a gross receipts tax on certain visitor-related businesses.

HB 1053: FOR AN ACT ENTITLED, An Act to permit a victim of sliming to request that the defendant be tested for blood-borne pathogens and that the test results be disclosed to the victim.

HB 1211: FOR AN ACT ENTITLED, An Act to provide for the use of electric personal assistive mobility devices.

HB 1216: FOR AN ACT ENTITLED, An Act to authorize shareholders to vote and to make certain other communications by electronic means.

HB 1234: FOR AN ACT ENTITLED, An Act to clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

HB 1253: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the juvenile corrections monitor.

HB 1300: FOR AN ACT ENTITLED, An Act to clarify the state's sovereign immunity in the courts of other jurisdictions.

HB 1301: FOR AN ACT ENTITLED, An Act to authorize the railroad authority to acquire certain facilities owned by other railroads and to declare an emergency.

HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 5, of the Constitution of the State of South Dakota to clarify the responsibility of the Legislature to provide for its own apportionment.

HJR 1010: A JOINT RESOLUTION, proposing and submitting to the electors at the next general election an amendment to Article IV, section 4, of the Constitution of the State of South

Dakota, extending the time allowed for the Governor's review of legislation passed by the Legislature.

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

And signed the same in the presence of the House.

COMMEMORATIONS

HC 1014 Introduced by: Representatives Peterson (Bill) and Brown (Richard) and Senator Everist

A LEGISLATIVE COMMEMORATION, Honoring Erik C. Hanson of Sioux Falls on receiving the rank of Eagle Scout.

WHEREAS, Erik C. Hanson has completed the requirements, been examined by an Eagle Scout Board of Review, and found worthy of the rank of Eagle Scout; and

WHEREAS, Erik C. Hanson has been involved in Boy Scouts for eight and one-half years and received a ranking that fewer than two percent of the Scouts receive; and

WHEREAS, Erik C. Hanson's accomplishments and achievements in his family and community have earned his ranking as an Eagle Scout:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Erik C. Hanson of Sioux Falls be congratulated upon his receiving the rank of Eagle Scout.

HC 1015 Introduced by: Representatives Kloucek, Bartling, Duniphan, Gillespie, Glenski, Heineman, Hennies (Thomas), Hunhoff, Lange, Madsen, McCoy, Michels, Murschel, Nachtigal, Olson (Mel), Pitts, Van Etten, Van Gerpen, and Van Norman and Senators Putnam, Brown (Arnold), Cradduck, Daugaard, de Hueck, Ham, Kleven, Koetzle, Madden, Moore, and Volesky

A LEGISLATIVE COMMEMORATION, Commending and honoring Julie Dangel of Scotland, South Dakota, for being selected as the 2001 "Nurse of the Year" by the South Dakota Healthcare Association Nursing Council.

WHEREAS, Julie Dangel, in addition to being a highly respected and valued member of her local community, serves as the 2001-2003 South Dakota Nurses Association President; and

WHEREAS, Nurse Dangel also serves as an adjunct faculty clinical instructor at the University of South Dakota and is currently director of nursing at Scotland Good Samaritan Center; and

WHEREAS, Mrs. Dangel is an accomplished registered nurse with a Bachelor of Science degree in nursing. Her husband, Mike, is a farmer and welder, and they have three sons, Jonathan, Matthew, and James:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Julie Dangel, RN, BSN, be honored and congratulated as a recipient of the 2001 Nurse of the Year Award, and be recognized for her outstanding record of service and community leadership.

HC 1016 Introduced by: Representatives Sutton (Duane), Elliott, Frost, and Hundstad and Senators Dennert and Diedtrich (Elmer)

A LEGISLATIVE COMMEMORATION, Honoring Nicole Siebrasse of Aberdeen for receiving a Prudential Spirit of Community Award.

WHEREAS, Nicole Siebrasse, a student at Aberdeen Central High School, has achieved national recognition for exemplary volunteer service by receiving a 2002 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Nicole Siebrasse earned this award by giving generously of her time and energy to writing and producing a series of home videotapes for preschoolers to encourage a love of reading; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Nicole Siebrasse who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-seventh Legislature of the State of South Dakota, that Nicole Siebrasse be congratulated and honored as a recipient of a Prudential Spirit of Community Award, recognized for her outstanding record of volunteer service, peer leadership, and community spirit, and extended best wishes for her continued success and happiness.

Rep. Pitts moved that the House do now adjourn, which motion prevailed and at 2:59 p.m. the House adjourned.

Karen Gerdes, Chief Clerk