JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 19, 2002

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House page Heather Asheim.

     Roll Call: All members present except Reps. Jarvis Brown and Derby 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-ninth day and finds that the following corrections should be made:

    On page 694 of the House Journal, delete lines 26 to 27, inclusive, and insert:

     "HCR 1025:   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."

    On page 694, line 28, delete "HB 1025" and insert "HCR 1025".

    On page 694, line 29, delete "HB 1025" and insert "HCR 1025".

    On page 695, line 15, delete "HB 1025" and insert "HCR 1025".

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS


February 15, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1005, 1009, 1020, 1021, 1022, 1027, 1028, 1029, 1039, 1040, 1042, 1048, 1067, 1071, 1074, 1080, 1081, 1100, 1102, 1103, 1110, 1112, 1138, 1176, and 1224, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     Rep. Bill Peterson moved that consideration of the executive veto of HB 1131 be deferred to Thursday, February 21st, the 32nd legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 109, 136, and 144 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 180 and returns the same with the recommendation that said bill be amended as follows:

180jc
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 37-24-6 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     Send or cause to be sent an unsolicited commercial electronic mail message that does not include in the subject line of such message "ADV:" as the first four characters. If the message contains information that consists of explicit sexual material that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen years of age and older, the subject line of each message shall include "ADV:ADLT" as the first eight characters. An unsolicited commercial electronic mail message does not include a message sent to a person with whom the initiator has an existing personal or business relationship or a message sent at the request or express consent of the recipient."

     And that as so amended said bill do pass.

Respectfully submitted,
Claire B. Konold, Chair

 Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill be amended as follows:

166db
     On page 1, after line 12 of the printed bill, insert:

"      Section 4. There is hereby established an education enhancement program within the Department of Education and Cultural Affairs. The education enhancement program shall distribute money to school districts to be used to reward teachers who have demonstrated their excellence in the teaching profession.

     Section 5. Any money appropriated to the Department of Education and Cultural Affairs for education enhancement shall be distributed to school districts as provided by this Act.

     Section 6. If a school district meets the criteria established by this Act, the Department of Education and Cultural Affairs shall allocate money which may be appropriated for education enhancement to each school district based on the school district's pro rata share of statewide average daily membership.

     Section 7. Criteria established by the Department of Education and Cultural Affairs for school districts to receive money appropriated for education enhancement include but are not limited to:

             (1)    A school district may not reduce or offset the salary of a teacher with money received for the purpose of education enhancement;

             (2)    A school district shall develop a plan to reward teachers with money received for the purpose of education enhancement; and

             (3)    The plan to reward teachers with money received for the purpose of education enhancement shall be developed with the advice and counsel of members of the community, administration, and teachers.

     Section 8. The Department of Education and Cultural Affairs shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this Act.

     Section 9. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to §  13-28-42 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;
             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98 multiply the average daily membership times 0.9 and add 60 to the product ;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (3A)      "Enrollment adjustment," is one-half of the negative of the annual percent change in the statewide general enrollment average daily membership for the year before the year immediately preceding the year of adjustment;

             (4)      "Per student allocation," for the period January 1, 1997, to June 30, 1997, inclusive, is $1,675. For school fiscal year 1998, beginning on July 1, 1997, the per student allocation shall be $3,350 increased by the index factor. Each school fiscal year thereafter, the per student allocation shall be the previous fiscal year's per student allocation increased by the index factor, plus the enrollment adjustment;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §  10-12-42;

             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;
             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to §  10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of § §  13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment. ".

166dta
     On page 1, line 3 of the printed bill, after " teachers " insert ", to provide for a teacher enhancement program, and to revise the calculation of state aid to education".

     And that as so amended said bill do pass.

Respectfully submitted,
Mitch Richter, Chair

 Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill be amended as follows:

133bf
     On the Senate Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 34A-13-20 be amended to read as follows:

     34A-13-20.   A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by § §   10-47B-5 to 10-47B-10, inclusive, and 10-47B-13. None of the exemptions from fuel excise tax allowed in §   10-47B-19 shall apply to this fee. The parties required to pay the fuel excise tax under the provisions of § §   10-47B-21 to 10-47B-26, inclusive, and 10-47B-29 and 10-47B-31 are liable for payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and delivered by a licensed exporter outside of the state. The amount of the fee imposed is twenty dollars per one thousand gallons of petroleum. Beginning on January 1, 2003, the fee is ten dollars per one thousand gallons of petroleum.

     The Fifty percent of the revenue collected pursuant to this section shall be deposited monthly in the state highway fund and fifty percent of the revenue collected pursuant to this section shall be distributed monthly in the following manner:

             (1)      During fiscal year 1999, forty-two percent shall be deposited in the state capital construction fund created in §   5-27-1. Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the state capital construction fund created in §   5-27-1. Beginning on January 1, 2003, seventy-eight and seven-tenths percent shall be deposited in the state capital construction fund; and
             (2)      During fiscal year 1999, fifty-eight percent shall be deposited into the petroleum release compensation fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the petroleum release compensation fund. Beginning on January 1, 2003, twenty-one and three- tenths percent shall be deposited in the petroleum release compensation state highway fund.

     Section 2. The effective date of section 1 of this Act is April 1, 2002.

     Section 3. That § 34A-13-20 be amended to read as follows:

     34A-13-20.   A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by § §   10-47B-5 to 10-47B-10, inclusive, and 10-47B-13. None of the exemptions from fuel excise tax allowed in §   10-47B-19 shall apply to this fee. The parties required to pay the fuel excise tax under the provisions of § §   10-47B-21 to 10-47B-26, inclusive, and 10-47B-29 and 10-47B-31 are liable for payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and delivered by a licensed exporter outside of the state. The amount of the fee imposed is twenty dollars per one thousand gallons of petroleum. Beginning on January 1, 2003, the fee is ten dollars per one thousand gallons of petroleum.

    
    The Fifty percent of the revenue collected pursuant to this section shall be deposited monthly in the ethanol fuel fund and fifty percent of the revenue collected pursuant to this section shall be distributed monthly in the following manner:

             (1)      During fiscal year 1999, forty-two percent shall be deposited in the state capital construction fund created in §   5-27-1. Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the state capital construction fund created in §   5-27-1. Beginning on January 1, 2003, seventy-eight and seven-tenths percent shall be deposited in the state capital construction fund; and

             (2)      During fiscal year 1999, fifty-eight percent shall be deposited into the petroleum release compensation fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the petroleum release compensation fund. Beginning on January 1, 2003, twenty-one and three- tenths percent shall be deposited in the petroleum release compensation state highway fund.

     Section 4. The effective date of section 3 of this Act is April 1, 2003.

     Section 5. That § 5-27-5 be amended to read as follows:

     5-27-5.   During fiscal year 1999, the Bureau of Finance and Management shall transfer each month three and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month three and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund.

Beginning on January 1, 2003, the Bureau of Finance and Management shall transfer each month two and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation state highway fund.

     Section 6. That § 10-47B-4 be amended to read as follows:

     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) $.22 $.24 per gallon;

             (2)      Special fuel (except jet fuel) -- $.22 $.24 per gallon;

             (3)      Ethanol blends -- $.20 $.22 per gallon;

             (4)      Aviation gasoline -$.06 per gallon;

             (5)      Jet fuel -$.04 per gallon;

             (6)      E85 and M85 -- $.10 $.12 per gallon;

             (7)      E85 and M85 used in aircraft -$.04 per gallon;

             (8)      Liquid petroleum gas -- $.20 $.22 per gallon;

             (9)      Compressed natural gas -- $.10 $.12 per gallon.

     Section 7. The effective date of section 6 of this Act is April 1, 2002, and section 6 of this Act is repealed on April 1, 2004.

     Section 8. That § 10-47B-162 be amended to read as follows:

     10-47B-162.   A production incentive payment of twenty cents per gallon is available to ethanol producers for ethyl alcohol which is fully distilled and produced in South Dakota. To be eligible for this payment, the ethyl alcohol shall be denatured and subsequently blended with gasoline to create ethanol blend. The ethyl alcohol shall be ninety-nine percent pure and shall be distilled from cereal grains. Annual production incentive payments for any facility may not exceed one million dollars. No facility may receive any production incentive payments in an amount greater than ten million dollars. The cumulative annual production incentive payments made under this section may not exceed an amount which has been appropriated by the Legislature for this purpose and has been deposited into the ethanol fuel fund in the state treasury seven million dollars . Payments from the ethanol fuel fund shall be made on a first in time basis until the fiscal year appropriation is reached. During the month when the appropriation limit is to be reached, all claims received by month end shall be reimbursed proportionately on a pro-rata basis for each gallon claimed.

     Section 9. That § 10-47B-164 be amended to read as follows:

     10-47B-164.   Any money in the ethanol fuel fund is continuously appropriated for purposes of providing ethanol production payments to qualified ethanol producers. The department may receive and approve ethanol production incentive payment claims and authorize the issuance of payment warrants to licensed ethanol producer claimants based on claims presented by the licensees. At the end of each fiscal year, any unobligated cash in excess of one hundred thousand dollars in the ethanol fuel fund shall be transferred to the state capital construction highway fund.

     Section 10. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


133btb
     On page 1, line 2 of the Senate Taxation Committee engrossed bill, after " fee " insert ", to increase the excise tax on certain motor fuels, and to declare an emergency".

     And that as so amended said bill do pass.

Respectfully submitted,
Bill Peterson, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1221 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                 Respectfully submitted,
J.P. Duniphan                        Dennis Daugaard
Dale Hargens                            Eric H. Bogue
Thomas J. Van Norman                Garry A. Moore
House Committee                        Senate Committee

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Broderick moved that the report of the Conference Committee on HB 1038 as found on page 689 of the House Journal be adopted.

     Rep. Abdallah moved that Rep. Broderick's motion to adopt the Conference Committee Report on HB 1038 be laid on the table.


     The question being on Rep. Abdallah's motion that Rep. Broderick's motion to adopt the Conference Committee Report on HB 1038 be laid on the table.

     And the roll being called:

     Yeas 65, Nays 1, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Hennies (Thomas)

     Excused:
Brown (Jarvis); Derby; Richter

     Absent:
Davis

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Rep. Broderick's motion was laid on the table.

    Speaker Pro tempore Michels now presiding.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1068, 1121, 1257, 1265, 1280, 1281, 1304, and 1305 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1059, 1160, 1220, 1302, and 1303 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
Patricia Adam, Secretary
     The Speaker appointed Reps. Broderick, Teupel, and Van Norman 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 HB 1024.

MOTIONS AND RESOLUTIONS


     Rep. Richard Brown moved that the House do concur in Senate amendments to HB 1001.

     The question being on Rep. Richard Brown's motion that the House do concur in Senate amendments to HB 1001.

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

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

     Nays:
Hundstad; Klaudt; McCaulley; McCoy; Michels; Monroe; Napoli; Valandra; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby; Richter

     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.

     Rep. Richard Brown moved that the House do concur in Senate amendments to HB 1003.

     The question being on Rep. Richard Brown's motion that the House do concur in Senate amendments to HB 1003.

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent 0

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

     Nays:
Hundstad; Klaudt; Kloucek; McCaulley; McCoy; Monroe; Valandra

     Excused:
Brown (Jarvis); Derby; Richter

     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. Bill Peterson moved that the House do not concur in Senate amendments to HB 1052 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Bill Peterson, Napoli, and Mel Olson.

     Rep. Tom Hansen moved that the House do concur in Senate amendments to HB 1075.

     The question being on Rep. Tom Hansen's motion that the House do concur in Senate amendments to HB 1075.

     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; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby; Richter


     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. Lintz moved that the House do not concur in Senate amendments to HB 1135 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Lintz, Konold, and Van Norman.

     Rep. Mel Olson moved that the House do concur in Senate amendments to HB 1141.

     The question being on Rep. Mel Olson's motion that the House do concur in Senate amendments to HB 1141.

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Begalka; Koistinen

     Excused:
Brown (Jarvis); Derby; Richter

     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. Madsen moved that the House do concur in Senate amendments to HB 1181.

     The question being on Rep. Madsen's motion that the House do concur in Senate amendments to HB 1181.

     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; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby; Richter

     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. McCaulley moved that the House do concur in Senate amendments to HB 1226.

     The question being on Rep. McCaulley's motion that the House do concur in Senate amendments to HB 1226.

     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; 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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby; Richter

     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. Eccarius moved that the House do not concur in Senate amendments to HB 1283 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.


     Which motion prevailed and the Speaker appointed as such committee Reps. Eccarius, Michels, and Mel Olson.

     HCR 1026:   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.

     Rep. Kloucek moved that HCR 1026 as found on page 695 of the House Journal be adopted.

     The question being on Rep. Kloucek's motion that HCR 1026 be adopted.

     And the roll being called:

     Yeas 19, Nays 49, Excused 2, Absent 0

     Yeas:
Bartling; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hundstad; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

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

     Excused:
Brown (Jarvis); Derby

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

     HCR 1027:   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.

     Rep. Bill Peterson moved that HCR 1027 as found on page 696 of the House Journal be adopted.

     The question being on Rep. Bill Peterson's motion that HCR 1027 be adopted.


     And the roll being called:

     Yeas 48, Nays 19, Excused 3, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Davis; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hundstad; Kloucek; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Valandra; Van Norman

     Excused:
Brown (Jarvis); Derby; Van Etten

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1027 was adopted.

     HCR 1028   Introduced by:  Representatives Elliott, Abdallah, Bartling, Begalka, Davis, Duenwald, Frost, Hansen (Tom), Hennies (Don), Hennies (Thomas), Hundstad, Klaudt, McCoy, Murschel, Napoli, Peterson (Jim), Sebert, Sigdestad, Slaughter, Smidt, and Sutton (Duane) and Senators Olson (Ed) and Diedtrich (Elmer)

         A CONCURRENT RESOLUTION,  Urging awareness and support for reading programs in our homes and communities.

     WHEREAS,  the South Dakota Legislature has provided significant leadership in the education of our youth, grounded in the principle that educational investment is key to the state's well being and long-term quality of life; and

     WHEREAS,  "Read Across America," a national and state celebration of Dr. Seuss's birthday on March 1st, sponsored by the National Education Association and the South Dakota Education Association, promotes reading and adult involvement in the education of our state's students; and

     WHEREAS,  the citizens of South Dakota stand firmly committed to promoting reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy:

     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 2002

South Dakota Legislature calls on the citizens of South Dakota to ensure that every child is in a safe place reading together with a caring adult on March 1, 2002; and

     BE IT FURTHER RESOLVED,  that this body enthusiastically endorses the "Read Across America" program sponsored by the National Education Association and the South Dakota Education Association, and recommits our state to engage in programs and activities to make America's children the best readers in the world.

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

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, February 20th, the 31st legislative day.

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 5 and 87 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 165 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 94 and returns the same with the recommendation that said bill be amended as follows:

94cc
     On page 1, line 7 of the printed bill, delete " or " .

     On page 1 , line 7, after " event " insert ", or on any public school uniform".

94cd
     On page 1, line 6 of the Senate engrossed bill, delete everything before " in " and insert "The right to post the United States flag shall not be limited or infringed upon".

     On page 1 , line 7, delete everything after " . " and insert "The right to recite the pledge of allegiance to the flag of the United States shall not be limited or infringed upon,".

     On page 1 , line 8, delete everything before " and " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill be amended as follows:

57ca
     On page 2, after line 5 of the printed bill, insert:

"      Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


57cta
     On page 1, line 2 of the printed bill, after " board " insert "and to declare an emergency".

     And that as so amended 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 89, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

89ca
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 10-12-43 be amended to read as follows:

     10-12-43.   The governing body of the school district may raise additional revenues for general fund purposes only, from property tax through the imposition of an excess tax levy. The governing body of a school district may impose the excess tax levy with an affirmative two-thirds vote of the governing body on or before July fifteenth of the year prior to the year the taxes are payable. The decision of the governing body to originally impose or subsequently increase an excess tax levy shall be published within ten days of the decision. The decision may be referred upon a resolution of the governing body of the school district or by 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 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 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


89cta
     On page 1, line 1 of the Senate engrossed bill, delete everything after " An Act to " and insert "allow school boards to initiate a vote relating to the imposition of an excess tax levy and to declare an emergency.".

     On page 1 , delete line 2 .

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

Respectfully submitted,
Scott Eccarius, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on HB 1038 and no new committee was appointed.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 36 and 130.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 81 as found on page 686 of the House Journal ; also

     State Affairs on SB 182 as found on pages 686 to 688 of the House Journal ; also

     State Affairs on SB 184 as found on page 688 of the House Journal ; also


     State Affairs on SJR 5 as found on pages 688 and 689 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Michels requested that SB 148 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Rep. Garnos requested that SB 134 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     SB 113:   FOR AN ACT ENTITLED, An Act to   provide for the state to transfer its reversionary interest in certain real estate in Lake County, commonly known as Camp Lakodia.

     Was read the second time.

     The question being "Shall SB 113 pass?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 4, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Burg; Davis; 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 Gerpen; Wick; Speaker Eccarius

     Nays:
Bradford; Van Norman

     Excused:
Brown (Jarvis); Clark; Derby; Van Etten

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

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

     Rep. Bill Peterson moved that SB 35 be placed to follow SB 168 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 108:   FOR AN ACT ENTITLED, An Act to   require the acceptance of certain uniform life insurance and annuity request forms.

     Was read the second time.

108jd

     Rep. Garnos moved that SB 108 be amended as follows:

     On page 2, after line 2 of the Senate Commerce Committee engrossed bill, insert:

"      Section 2. That § 58-17-14 be amended to read as follows:

     58-17-14.   There shall be a provision as follows: "Entire contract; changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy is valid until approved by an executive officer of the insurance company and unless such approval is endorsed or attached to this policy. No insurance producer has authority to change this policy or to waive any of its provisions. Any rider, endorsement, or application which modifies, limits, or excludes coverage under this policy must be signed by you, the insured, to be valid." This provision applies to any rider, endorsement, or amendment of an application whether attached at the time of the application or after added to a policy after the date of issue or at reinstatement or renewal which reduces or eliminates benefits or coverage in the policy requires signed acceptance by the policyholder. After the date of policy issue, any rider or endorsement which increases benefits or coverage with an accompanying increase in premium during the policy term must be agreed to in writing signed by the insured, unless the increased benefits or coverage is required by law . ".


     Which motion prevailed and HB 108 was so amended.

     The question being "Shall SB 108 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Davis; 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 Gerpen; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Clark; Derby; Van Etten

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

     The question being on the title.

     Rep. Garnos moved that the title to SB 108 be amended as follows:

     On page 1, line 2 of the Senate Commerce Committee engrossed bill, after " forms " insert "and to revise certain provisions regarding the required disclosure provisions in health insurance policies".

     Which motion prevailed and the title was so amended.

     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. Bill Peterson moved that SB 58 be deferred to Wednesday, February 20th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

     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 Wednesday, February 20th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 19:   FOR AN ACT ENTITLED, An Act to   create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.

     Was read the second time.

     The question being "Shall SB 19 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 12, Excused 3, Absent 1

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

     Nays:
Begalka; Bradford; Clark; Elliott; Hargens; Hennies (Don); Kloucek; Kooistra; Nachtigal; Napoli; Sigdestad; Van Norman

     Excused:
Brown (Jarvis); Derby; Van Etten

     Absent:
Flowers

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

     Was read the second time.

     The question being "Shall SB 156 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 11, Excused 3, Absent 0

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

     Nays:
Bradford; Elliott; Gillespie; Hundstad; Kloucek; Lange; Michels; Nachtigal; Nesselhuf; Valandra; Van Norman

     Excused:
Brown (Jarvis); Derby; Speaker Eccarius

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

     Rep. Kloucek announced his intention to reconsider the vote by which SB 156 was passed.

     SB 83:   FOR AN ACT ENTITLED, An Act to   reduce the capitalization rate for determining nonagricultural acreage.

     Was read the second time.

     The question being "Shall SB 83 pass as amended?"

     And the roll being called:

     Yeas 16, Nays 51, Excused 2, Absent 1

     Yeas:
Brown (Richard); Duniphan; Frost; Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Konold; Murschel; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Speaker Eccarius

     Nays:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Burg; Clark; Davis; Duenwald; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hargens; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sigdestad; Slaughter; Valandra; Van Gerpen; Wick

     Excused:
Brown (Jarvis); Derby

     Absent:
Van Norman

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

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

     Was read the second time.

     Rep. Bill Peterson moved that SB 157 be deferred to Wednesday, February 20th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

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

     Was read the second time.

     The question being "Shall SB 168 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 18, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Clark; Davis; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Lange; Madsen; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Teupel; Valandra; Wick


     Nays:
Bradford; Burg; Elliott; Hennies (Don); Hunhoff; Klaudt; Kooistra; Lintz; McCaulley; McCoy; Murschel; Olson (Mel); Richter; Smidt; Van Etten; Van Gerpen; Van Norman; Speaker Eccarius

     Excused:
Brown (Jarvis); 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.

     Rep. Bill Peterson moved that the House do now recess until 4:45 p.m., which motion prevailed and at 4:04 p.m., the House recessed.

RECESS


     The House reconvened at 4:45 p.m., the Speaker now presiding.

     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 appointed Sens. Brosz, McCracken, and Hagen 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 1024.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Bogue, 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 on HB 1052.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Drake, de Hueck, and Symens 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 1135.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Daugaard, Koskan, and Koetzle 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 1283.

Respectfully,
Patricia Adam, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)

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

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

     The question being "Shall SB 35 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 3, Absent 4

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

     Excused:
Brown (Jarvis); Derby; Wick

     Absent:
Abdallah; Duniphan; Napoli; Richter

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

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

     Was read the second time.


     The question being "Shall SB 158 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent 1

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; 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; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby; Wick

     Absent:
Broderick

     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 167:   FOR AN ACT ENTITLED, An Act to   revise the contractor's excise tax provisions for a commercial power production facility.

     Was read the second time.

167fb

     Rep. Don Hennies moved that SB 167 be amended as follows:

     On the House Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 49-34A-80 be amended to read as follows:

     49-34A-80.   Any commercial small power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2001, produces ten megawatts or less of electricity as measured by nameplate rating, and is located within one county and owned by a natural person, corporation, nonprofit or for profit business organization, or tribal council (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state authorized by statute to carry on the business of developing, transmitting, utilizing, or

distributing electric power is subject to the provisions of § §   49-34A-80 to 49-34A-92, inclusive, for any new or expanded facility.

     Section 2. That § 49-34A-81 be amended to read as follows:

     49-34A-81.   Rural electric cooperatives developing commercial small power production facilities utilizing renewable energy are not subject to tax pursuant to §   10-35-1.2 but are subject to a gross receipts tax as defined in §   10-36-6.

     Section 3. That § 49-34A-82 be amended to read as follows:

     49-34A-82.   Terms used in § §   49-34A-80 to 49-34A-92, inclusive, mean:

             (1)      "Department," the Department of Revenue;

             (2)      "New or expanded facility," a new commercial small power production facility as defined in §   49-34A-80 or an addition to an existing commercial small power production facility, the construction or installation of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B;

             (3)      "Project," the installation or construction of the first ten megawatts of generation capacity of a new or expanded facility;

             (4)      "Project cost," the amount paid in money for a project;

             (5)      "Secretary," the secretary of the Department of Revenue.

     Section 4. That § 49-34A-83 be amended to read as follows:

     49-34A-83.   Any person may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A or 10-46B for the construction of a new or expanded facility that is a commercial small power production facility that is defined in §   49-34A-80. "


    A roll call vote was requested and supported.

     The question being on Rep. Don Hennies' motion that SB 167 be amended.

     And the roll being called:

     Yeas 31, Nays 37, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Kloucek; Lange; Lintz; McCaulley; McCoy; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pummel; Rhoden; Sigdestad; Valandra; Van Gerpen; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Brown (Richard); Clark; Duenwald; Duniphan; Frost; Fryslie; Garnos; Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Madsen; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby

     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 "Shall SB 167 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 24, Excused 2, Absent 1

     Yeas:
Begalka; Bradford; Brown (Richard); Burg; Duenwald; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Lange; Lintz; McCaulley; McCoy; Michels; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Smidt; Teupel; Van Gerpen; Van Norman

     Nays:
Abdallah; Adelstein; Bartling; Broderick; Clark; Davis; Duniphan; Heineman; Hundstad; Konold; Kooistra; Madsen; Murschel; Pederson (Gordon); Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Valandra; Van Etten; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby

     Absent:
Kloucek

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

     Was read the second time.

178fd

     Rep. Garnos moved that SB 178 be amended as follows:

     On page 2 of the House Taxation Committee engrossed bill, delete lines 6 to 14 , inclusive.

     Which motion prevailed and SB 178 was so amended.
178x

     Rep. Lintz moved that SB 178 be further amended as follows:

     On page 1, line 13 of the House Taxation Committee Engrossed bill, delete " Department of Revenue " and insert " South Dakota State University ".

     Which motion lost.

     The question being "Shall SB 178 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Brown (Richard); Clark; Davis; Duniphan; Elliott; Flowers; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Thomas); Holbeck; Jaspers; Jensen; Juhnke; Kloucek; Koistinen; Konold; Kooistra; Madsen; McCoy; Michels; Monroe; Murschel; Napoli; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Van Gerpen

     Nays:
Adelstein; Bradford; Broderick; Burg; Duenwald; Frost; Fryslie; Hargens; Hennies (Don); Hundstad; Hunhoff; Klaudt; Lange; Lintz; McCaulley; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sigdestad; Solum; Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); 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.

     Rep. Hargens announced his intention to reconsider the vote by which SB 178 was passed.


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

     Was read the second time.

151jn

     Rep. Konold moved that SB 151 be amended as follows:

     On page 5 of the House Commerce Committee engrossed bill, delete lines 22 to 24 , inclusive.

     On page 6 , delete lines 1 to 11 , inclusive.

     On page 6 , line 12, delete " five hundred " and insert "one thousand".

     On page 6 , delete lines 15 to 20 , inclusive.

     On page 7 , line 10, delete " and " .

     On page 7 , line 11, after " delinquency " insert "; and

             (9)    A notice that the maker of a check will be required to pay additional fees if the deferred presentment service transaction is renewed rather than paid in full when due. If the transaction is renewed, any amount paid in excess of the fee applies to the payoff amount.".

     On page 7 , line 20, delete " No other fee or " .

     On page 7 , delete lines 21 and 22 .

     On page 8 , line 4, after " customer " insert ", except as provided in section 22 of this Act".

     On page 8 , line 10, delete " five hundred " and insert "one thousand".

     On page 8 , delete line 11 .

     On page 8 , after line 19, insert:

"      Section 32. After procuring a license from the Division of Banking, the licensee may engage in the business of deferred presentment service transactions and may contract for and receive interest charges and other fees at rates, amounts, and terms as agreed to by the parties consistent with this Act, which may be included in the principal balance of the loan and specified in the contract.".


151jp

     Rep. Mel Olson moved as a substitute motion that SB 151 be amended as follows:
     On page 2, line 1 of the House Commerce Committee engrossed bill, after " agrees " insert "in the written agreement".

     On page 2 , line 3, after " agrees " insert "in the written agreement".

     On page 4, line 24, delete " banking revolving " and insert "general".

     On page 5 , line 1, after " tax " insert "as".

     On page 5 , line 2, delete everything after " 10-43 " and insert ".".

     On page 5 , delete lines 3 to 10 , inclusive.

     On page 6 , line 15, after " with " delete " a " and insert "any maker".

     On page 6 , line 16, delete " customer " .

     On page 6 , line 16, delete " from any one maker " .

     On page 7 , line 20, delete " per customer, " .

     On page 8 , line 4, delete " or customer " and insert ", except as provided in section 23 of this Act".

    Speaker Pro tempore Michels now presiding.

    A roll call vote was requested and supported.

     The question being on Rep. Mel Olson's substitute motion that SB 151 be amended.

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Burg; Clark; Davis; Duenwald; Elliott; Flowers; Frost; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Kloucek; Kooistra; Lange; McCoy; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Smidt; Sutton (Duane); Valandra; Van Etten; Van Norman; Wick

     Nays:
Broderick; Brown (Richard); Duniphan; Fryslie; Garnos; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; Michels; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Slaughter; Solum; Teupel; Van Gerpen; Speaker Eccarius


     Excused:
Brown (Jarvis); Derby

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 151 was so amended.

151jq

     Rep. Solum moved that SB 151 be further amended as follows:

     On the House Commerce Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

     No licensee may renew, rollover, or flip a deferred presentment service transaction more than four times. No renewal, rollover, or flip may be allowed unless the maker of the check pays the outstanding fee at the time of the renewal."

     Which motion lost.

     Speaker Eccarius now presiding.

     The question being "Shall SB 151 pass as amended?"

     And the roll being called:

     Yeas 44, Nays 24, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Juhnke; Klaudt; Lange; Madsen; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Richter; Sigdestad; Smidt; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Nays:
Frost; Garnos; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Jensen; Kloucek; Koistinen; Konold; Kooistra; Lintz; McCaulley; Napoli; Peterson (Bill); Pummel; Rhoden; Sebert; Slaughter; Solum; Sutton (Duane); Teupel; Van Gerpen

     Excused:
Brown (Jarvis); Derby

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

     Rep. Davis announced her intention to reconsider the vote by which SB 151 was lost.

     SB 90:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

     Was read the second time.

     The question being "Shall SB 90 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Duenwald; 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); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Duniphan; Napoli; Teupel

     Excused:
Brown (Jarvis); Derby

     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.

     Rep. Hargens moved that the House do now reconsider the vote by which SB 178 was passed.

     The question being on Rep. Hargens' motion to reconsider the vote by which SB 178 was passed.

     And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hundstad; Hunhoff; Juhnke; Klaudt; Kloucek; Lange; Lintz; McCaulley; Michels; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pummel; Rhoden; Sigdestad; Teupel; Valandra; Van Gerpen; Van Norman

     Nays:
Abdallah; Bartling; Broderick; Brown (Richard); Clark; Duenwald; Duniphan; Frost; Garnos; Heineman; Hennies (Thomas); Holbeck; Jaspers; Jensen; Koistinen; Konold; Kooistra; Madsen; McCoy; Monroe; Murschel; Peterson (Bill); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Derby

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 178 was up for reconsideration and final passage.

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

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

     Rep. Mel Olson moved that SB 178 be deferred to Wednesday, February 20th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 186:   FOR AN ACT ENTITLED, An Act to   appropriate funds from the water and environment fund and the environment and natural resources fee fund and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 186 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

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

     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.

     Rep. Davis moved that the House do now reconsider the vote by which SB 151 was lost.

     The question being on Rep. Davis's motion to reconsider the vote by which SB 151 was lost.

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Juhnke; Klaudt; Koistinen; Kooistra; Lange; Madsen; McCoy; Michels; Monroe; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Richter; Sigdestad; Smidt; Sutton (Duane); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Frost; Garnos; Hansen (Tom); Jensen; Kloucek; Konold; Lintz; McCaulley; Napoli; Rhoden; Sebert; Slaughter; Solum; Teupel

     Excused:
Brown (Jarvis); Derby

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 151 was up for reconsideration and final passage.

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


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

     Rep. Mel Olson moved that SB 151 be deferred to Wednesday, February 20th, the 31st legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 111:   FOR AN ACT ENTITLED, An Act to   revise per diem for certain legislative committees and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 111 pass?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

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

     Nays:
Bradford; Jaspers; Klaudt; Olson (Mel); Speaker Eccarius

     Excused:
Brown (Jarvis); Derby

     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.

     Today, Rep. Kloucek announced his intention to reconsider the vote by which SB 156 was passed.

     No member moved to reconsider the vote by which SB 156 was passed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001, 1003, 1068, 1075, 1121, 1141, 1181, 1189, 1226, 1257, 1265, 1280, 1281, 1299, 1304, and 1305 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1049, 1050, 1054, 1079, 1091, 1109, 1129, 1130, 1133, 1134, 1149, 1151, 1153, 1165, 1170, 1171, 1172, 1180, 1187, 1188, 1190, 1219, 1222, 1254, 1255, and 1256 were delivered to his Excellency, the Governor, for his approval at 9:36 a.m., February 19, 2002.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1002, 1053, 1211, 1216, 1234, 1253, 1300, and 1301 were delivered to his Excellency, the Governor, for his approval at 3:11 p.m., February 19, 2002 .

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HJR 1007 and 1010 were delivered to her Excellency, the Secretary of State, for filing at 3:13 p.m., February 19, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act to  ratify the Uniform Sales and Use Tax Administration Act, to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project, and to declare an emergency.

     HB 1003: FOR AN ACT ENTITLED, An Act to  authorize a municipal gross receipts tax on certain lodging, alcoholic beverages, prepared food, and admissions.

     HB 1068: FOR AN ACT ENTITLED, An Act to  require the recalculation of the allocation for the disability levels in the state aid to special education formula.


     HB 1075: FOR AN ACT ENTITLED, An Act to  provide for a bank's investment limitations.

     HB 1121: FOR AN ACT ENTITLED, An Act to  revise the requirements for the location of side exhaust on certain motor vehicles.

     HB 1141: FOR AN ACT ENTITLED, An Act to  provide certain standards for utilization review for property and casualty insurers.

     HB 1181: FOR AN ACT ENTITLED, An Act to  prohibit directed suretyship.

     HB 1189: FOR AN ACT ENTITLED, An Act to  establish the crime of air piracy and to increase the penalty for theft of certain aircraft.

     HB 1226: FOR AN ACT ENTITLED, An Act to  eliminate certain waiting periods and notice requirements associated with certificates of release for mortgages.

     HB 1257: FOR AN ACT ENTITLED, An Act to  revise the requirements for volunteer firefighters to become eligible for workers' compensation.

     HB 1265: FOR AN ACT ENTITLED, An Act to  allow for the issuance of metal plates with a special designation to auction agencies.

     HB 1280: FOR AN ACT ENTITLED, An Act to  revise the definition of a controlled group for sales tax purposes.

     HB 1281: FOR AN ACT ENTITLED, An Act to  lengthen the period required for notice of nonrenewal of certain insurance policies.

     HB 1299: FOR AN ACT ENTITLED, An Act to  change the definition and venue of perjury prosecutions and to provide for the verification of certain information on certain state applications or other documents.

     HB 1304: FOR AN ACT ENTITLED, An Act to  revise the emergency powers of the Department of Health.

     HB 1305: FOR AN ACT ENTITLED, An Act to  define terrorism, to create the crime of terrorism, and to provide a penalty therefor.

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

     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.

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


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

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

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

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

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

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

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

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1017   Introduced by:  Representatives Juhnke and Jensen and Senator Koskan

         A LEGISLATIVE COMMEMORATION,  Honoring Walter J. Schramm for being named as the 2001 Outstanding Older Worker for South Dakota.

     WHEREAS,  Walter Schramm was selected as South Dakota's Outstanding Older Worker for 2001 for his commitment to his home community and his commitment to service as an essential part of his business. Mr. Schramm is a longtime community leader and furniture store owner in Winner, South Dakota; and

     WHEREAS,  Mr. Schramm has been a member of the Chamber of Commerce and Rotary International for fifty-five years, a lifetime member of the American Legion and VFW, member of the Trinity Lutheran Church, the South Dakota Retailers Association, the Winner Athletic Association, and the South Central Development Corporation. He served as Mayor of Winner in the 1970s, on the Winner School Board for fifteen years, and on the Business Advisory Council of the University of South Dakota School of Business for many years; and

     WHEREAS,  Walter Schramm serves as a truly outstanding example of the continuing contribution a person can make well past the normal age of retirement:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Walter Schramm be recognized and congratulated for being named 2001 Outstanding Older Worker for South Dakota.

     Rep. Hargens moved that the House do now adjourn, which motion prevailed and at 6:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk