JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, February 20, 2002

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by House page Ryan Henderson.

     Roll Call: All members present except Rep. Jarvis Brown who was 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 thirtieth 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 15, 2002

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

Dear Speaker Eccarius and Members of the House:

I herewith return House Bill 1218 with the following recommendations as to STYLE and FORM.

House Bill 1218 is, An Act to revise the definition of the term, crime of violence.

In South Dakota there is no crime of "pedophilia", the crime is defined at SDCL § 22-22-30.1 as "criminal pedophilia". Therefore, for the bill to accurately reference the crime, on line 5 of the original bill, before the word "pedophilia", insert the word "criminal".

I respectfully request you concur with my recommendation as to style and form.


Respectfully submitted,
William J. Janklow

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1283 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1283 be amended as follows:

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

     On page 1 , line 5 of the House Judiciary Committee engrossed bill, delete " swelling, " and insert "or by causing any swelling".

Respectfully submitted,                 Respectfully submitted,
Scott Eccarius                        Dennis Daugaard
Matthew Michels                        John Koskan
Mel Olson                            Gil Koetzle
House Committee                        Senate Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1031, 1034, 1195, 1198, 1291, and HJR 1009 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1078, 1136, 1164, and 1273 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1018 and 1023 in which the Senate has concurred.

Respectfully,
Patricia Adam, Secretary

     The Speaker announced changes to the Conference Committee appointed on SB 177 and appointed as a new committee Reps. Juhnke, Murschel, and Gary Hanson.

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that concurrence in Senate amendments to HB 1059, 1160, 1220, 1302, and 1303; adoption of HCR 1028; and consideration of the conference committee report on HB 1221 be placed to follow Second Reading of Senate Bills and Joint Resolutions on today's calendar.

     Which motion prevailed and the bills, concurrent resolution, and conference committee report were so placed.

     HCR 1029   Introduced by:  Representatives Smidt, Adelstein, Begalka, Burg, Duenwald, Duniphan, Eccarius, Hansen (Tom), Hanson (Gary), Heineman, Jaspers, Konold, Peterson (Bill), Pitts, and Richter and Senators Duxbury, Brown (Arnold), Dennert, and McCracken

         A CONCURRENT RESOLUTION,  Expressing the support of the Legislature for the South Dakota Math, Science, and Technology Council.
     WHEREAS,  the South Dakota Math, Science, and Technology Council was created by Governor Janklow by executive order on December 19, 2000, consisting of thirteen members, representing higher education, business, and economic development; and

     WHEREAS,  the South Dakota Math, Science, and Technology Council was created to interest a greater number of K-12 students in math, science, and technology, and to build the skilled workforce for those trades and professions in South Dakota; and

     WHEREAS,  the South Dakota Math, Science, and Technology Council was created to coordinate math, science, and technology activities and strategies in South Dakota and to coordinate federal, state, local, and private resources in math, science, and technology; and

     WHEREAS,  there is enormous potential in the work of the council for the state's youth and economic future; and

     WHEREAS,  the work of the council will be long-term in nature:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports the South Dakota Math, Science, and Technology Council and encourages the continuation of it by South Dakota's next Governor.

     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

     Commerce on SB 180 as found on page 709 of the House Journal ; also

     Appropriations on SB 166 as found on pages 709 to 712 of the House Journal ; also

     State Affairs on SB 133 as found on pages 712 to 715 of the House Journal ; also

     Education on SB 94 as found on pages 723 and 724 of the House Journal ; also

     Education on SB 57 as found on page 724 of the House Journal ; also

     Education on SB 89 as found on pages 724 and 725 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 109:   FOR AN ACT ENTITLED, An Act to   exempt certain insurers and intermediaries from mortgage lending licensing.

     Was read the second time.

     The question being "Shall SB 109 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

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

     Excused:
Brown (Jarvis); Garnos; Jensen; Juhnke; Pitts

     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 136:   FOR AN ACT ENTITLED, An Act to   allow state chartered banks to expand their investment options to include certain annuities.

     Was read the second time.

     The question being "Shall SB 136 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

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

     Excused:
Brown (Jarvis); Garnos; Jensen; Juhnke; Pitts

     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 144:   FOR AN ACT ENTITLED, An Act to   provide certain financial and employment protections to members of the South Dakota National Guard.

     Was read the second time.

     The question being "Shall SB 144 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

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

     Excused:
Brown (Jarvis); Garnos; Pitts

     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 165:   FOR AN ACT ENTITLED, An Act to   require school systems to allow military recruiters access to students and school facilities.

     Was read the second time.

     The question being "Shall SB 165 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

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

     Excused:
Brown (Jarvis); Garnos; Nesselhuf; Pitts

     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 57:   FOR AN ACT ENTITLED, An Act to   allow school boards to initiate an election to change the size of the school board and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 57 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

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


     Excused:
Brown (Jarvis); Garnos

     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 89:   FOR AN ACT ENTITLED, An Act to   allow school boards to initiate a vote relating to the imposition of an excess tax levy and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 89 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 2, Absent 1

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; 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; Wick; Speaker Eccarius

     Nays:
Clark; Gillespie; Napoli; Teupel; Van Norman

     Excused:
Brown (Jarvis); Garnos

     Absent:
Adelstein

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 58, 182, and 133 and SJR 5 be placed to follow SB 94 on today's calendar.

     Which motion prevailed and the bills and joint resolution were so placed.


     SB 148:   FOR AN ACT ENTITLED, An Act to   revise and extend certain provisions relating to the licensure of drivers who have experienced epileptic, narcoleptic, or other convulsions, seizures, or blackouts.

     Was read the second time.

148jb

     Rep. Solum moved that SB 148 be amended as follows:

     On page 1, line 6 of the House Commerce Committee engrossed bill, delete " may shall " and insert "may revoke or ".

     Speaker Pro tempore Michels now presiding.

     Rep. Eccarius moved that SB 148 with Rep. Solum's pending amendment be placed to follow SB 166 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 134:   FOR AN ACT ENTITLED, An Act to   revise the authority of the South Dakota Student Loan Corporation and the South Dakota Housing Development Authority regarding private activity bonds.

     Was read the second time.

     The question being "Shall SB 134 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 1, Absent 1

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

     Nays:
Glenski

     Excused:
Brown (Jarvis)

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

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

14fh

     Rep. Hunhoff moved that SB 14 be amended as follows:

     On page 1 of the House State Affairs Committee engrossed bill, delete lines 8 to 10 , inclusive, and insert:

" in public or private institutions for the mentally ill and shall be of a good moral character The person shall meet at least one of the following requirements:

             (1)    Have a bachelor's degree in either mental health administration, health services administration, public administration, human services, or business administration with at least three years of experience in administration, one of which shall be in a mental health setting;

             (2)    Have a master's degree with at least two years of experience in administration with one year in a mental health setting .

     The administrator shall be the chief executive officer of the South Dakota".

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     Rep. Van Etten moved as a substitute motion that SB 14 be amended as follows:

     On page 1 of the House State Affairs Committee engrossed bill, delete lines 6 to 9 , inclusive, and insert:

"Human Services Center who shall be a skilled administrator or a South Dakota licensed physician of accepted skill and ability. Such person must have had experience of at least five years either in public or private institutions for the mentally ill have a degree in public or health services administration and two years of progressively responsible experience in a mental health clinic or a mental hospital and shall be of a good".


    A roll call vote was requested and supported.

     The question being on Rep. Van Etten's substitute motion that SB 14 be amended.

     And the roll being called:

     Yeas 35, Nays 33, Excused 2, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Frost; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Kloucek; Koistinen; Kooistra; Lange; Michels; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Slaughter; Valandra; Van Etten; Van Norman; Wick

     Nays:
Adelstein; Broderick; Derby; Duenwald; Duniphan; Fryslie; Garnos; Hansen (Tom); Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Klaudt; Konold; Lintz; Madsen; McCaulley; McCoy; Monroe; Murschel; Napoli; Peterson (Bill); Pitts; Pummel; Rhoden; Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Van Gerpen

     Excused:
Brown (Jarvis); Speaker Eccarius

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 14 was so amended.

     The question being "Shall SB 14 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 8, Excused 2, Absent 0

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

     Nays:
Bradford; Burg; Gillespie; Nachtigal; Nesselhuf; Olson (Mel); Richter; Van Norman

     Excused:
Brown (Jarvis); 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.

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

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

     The question being "Shall SB 157 pass as amended?"

     And the roll being called:

     Yeas 41, Nays 27, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Broderick; Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Garnos; Gillespie; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Konold; Lange; Lintz; Madsen; Monroe; Napoli; Nesselhuf; Peterson (Bill); Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Solum; Sutton (Duane); Valandra; Wick

     Nays:
Bradford; Burg; Elliott; Fryslie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Hunhoff; Kloucek; Koistinen; Kooistra; McCaulley; McCoy; Michels; Murschel; Nachtigal; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Smidt; Teupel; Van Etten; Van Gerpen; Van Norman

     Excused:
Brown (Jarvis); 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.

     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.

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

     And the roll being called:

     Yeas 27, Nays 42, Excused 1, Absent 0


     Yeas:
Abdallah; Brown (Richard); Clark; Derby; Elliott; Garnos; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Jaspers; Juhnke; Konold; Madsen; McCoy; Michels; Monroe; Murschel; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Adelstein; Bartling; Begalka; Bradford; Broderick; Burg; Davis; Duenwald; Duniphan; Flowers; Frost; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hundstad; Hunhoff; Jensen; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCaulley; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sigdestad; Teupel; Valandra; Van Norman

     Excused:
Brown (Jarvis)

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

     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. Davis moved that SB 151 be placed to follow SB 133 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 81:   FOR AN ACT ENTITLED, An Act to   limit the Department of Labor's authority to recommend settlements in labor disputes.

     Was read the second time.

     The question being "Shall SB 81 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 30, Excused 2, Absent 0

     Yeas:
Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jensen; Kloucek; Kooistra; Lange; Madsen; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Sigdestad; Smidt; Sutton (Duane); Valandra; Van Norman; Speaker Eccarius


     Nays:
Abdallah; Adelstein; Begalka; Derby; Duenwald; Duniphan; Frost; Fryslie; Heineman; Holbeck; Hunhoff; Jaspers; Juhnke; Klaudt; Koistinen; Konold; Lintz; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Rhoden; Richter; Sebert; Slaughter; Solum; Teupel; Van Etten; Van Gerpen; Wick

     Excused:
Brown (Jarvis); McCaulley

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

     Speaker Eccarius now presiding.

     SB 184:   FOR AN ACT ENTITLED, An Act to   protect the children of South Dakota against sexual exploitation by criminalizing certain conduct involving children and the internet, to provide for civil remedies, to require certain people to report suspected violations, and to revise certain provisions regarding the unlawful use of computers.

     Was read the second time.

     Rep. Nachtigal moved that SB 184 be placed to follow SB 185 on today's calendar.

     Which motion lost.

     The question being "Shall SB 184 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     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 185:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

     Was read the second time.

     The question being "Shall SB 185 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; 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); Fryslie

     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. Bill Peterson moved that the House do now recess until 4:00 p.m., which motion prevailed and at 2:47 p.m., the House recessed.

RECESS


     The House reconvened at 4:00 p.m., the Speaker presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(Continued)
    

    SB 180:   FOR AN ACT ENTITLED, An Act to   regulate unsolicited electronic commerce.

     Was read the second time.


     The question being "Shall SB 180 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 7, Excused 1, Absent 1

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

     Nays:
Hanson (Gary); Hargens; Klaudt; Monroe; Nesselhuf; Peterson (Jim); Van Norman

     Excused:
Brown (Jarvis)

     Absent:
Davis

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

     SB 166:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the Department of Education and Cultural Affairs to reimburse fees and provide a stipend for National Board for Professional Teaching Standards certified teachers, to provide for a teacher enhancement program, and to revise the calculation of state aid to education.

     Was read the second time.

     Rep. Richter moved that SB 166 be placed to follow SB 151 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 148:   FOR AN ACT ENTITLED, An Act to   revise and extend certain provisions relating to the licensure of drivers who have experienced epileptic, narcoleptic, or other convulsions, seizures, or blackouts.

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

    The question being on Rep. Solum's pending motion to amend SB 148.


148jd

     Rep. Van Etten moved as a substitute motion that SB 148 be amended as follows:

     On page 1, line 6 of the House Commerce Committee engrossed bill, delete " may shall " and insert "may".

     On page 1 , delete line 9 , and insert:

"individual who has experienced convulsions, seizures, or narcolepsy or a convulsive disorder ".


     On page 1 , line 10, overstrike " blackouts " .

     On page 1 , line 11, delete " applicant applicant's physician " and insert "applicant".

     On page 2 , delete lines 3 to 10 , inclusive.

     Rep. Solum moved that SB 148 be placed to follow SB 166 on today's calendar.

     Which motion lost.

     Rep. Konold moved that Rep. Van Etten's motion to amend SB 148 be laid on the table.

     Which motion lost.

     Speaker Pro tempore Michels now presiding.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.

     A roll call vote was requested and supported.

     The question being on Rep. Van Etten's substitute motion that SB 148 be amended.

     And the roll being called:

     Yeas 36, Nays 33, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Burg; Duenwald; Duniphan; Elliott; Flowers; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Kloucek; Kooistra; Madsen; McCaulley; McCoy; Michels; Murschel; Nachtigal; Nesselhuf; Pederson (Gordon); Pummel; Rhoden; Sigdestad; Sutton (Duane); Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Broderick; Brown (Richard); Clark; Davis; Derby; Frost; Fryslie; Garnos; Hanson (Gary); Hennies (Don); Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lange; Lintz; Monroe; Napoli; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Richter; Sebert; Slaughter; Smidt; Solum; Teupel; Valandra

     Excused:
Brown (Jarvis)

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 148 was so amended.

     The question being "Shall SB 148 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Broderick; Burg; Clark; Duenwald; Duniphan; Elliott; Gillespie; Glenski; Hansen (Tom); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Kloucek; Koistinen; Lange; McCoy; Michels; Murschel; Nesselhuf; Pederson (Gordon); Peterson (Jim); Pummel; Sigdestad; Van Etten; Wick; Speaker Eccarius

     Nays:
Abdallah; Bradford; Brown (Richard); Davis; Derby; Flowers; Frost; Fryslie; Garnos; Hanson (Gary); Hennies (Don); Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Konold; Kooistra; Lintz; Madsen; McCaulley; Monroe; Nachtigal; Napoli; Olson (Mel); Peterson (Bill); Pitts; Rhoden; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Gerpen; Van Norman

     Excused:
Brown (Jarvis)

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

     SB 5:   FOR AN ACT ENTITLED, An Act to   establish a program for teacher mentors.

     Was read the second time.

     The question being "Shall SB 5 pass?"

     And the roll being called:

     Yeas 42, Nays 27, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Broderick; Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Garnos; Gillespie; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Kloucek; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Monroe; Napoli; Nesselhuf; Pederson (Gordon); Peterson (Bill); Sebert; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Begalka; Burg; Flowers; Frost; Fryslie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hundstad; Juhnke; Klaudt; Koistinen; Kooistra; Michels; Murschel; Nachtigal; Olson (Mel); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sigdestad; Slaughter; Speaker Eccarius

     Excused:
Brown (Jarvis)

     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 87:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to open enrollment.

     Was read the second time.

     The question being "Shall SB 87 pass?"

     And the roll being called:

     Yeas 42, Nays 27, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Elliott; Flowers; Fryslie; Garnos; Glenski; Hanson (Gary); Hargens; Hennies (Don); Holbeck; Hundstad; Hunhoff; Jensen; Kloucek; Koistinen; Konold; Kooistra; Lange; Monroe; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Sebert; Sigdestad; Slaughter; Smidt; Solum; Valandra; Van Etten; Van Gerpen; Van Norman

     Nays:
Adelstein; Derby; Duenwald; Duniphan; Frost; Gillespie; Hansen (Tom); Heineman; Hennies (Thomas); Jaspers; Juhnke; Klaudt; Lintz; Madsen; McCaulley; McCoy; Michels; Murschel; Napoli; Peterson (Bill); Pummel; Rhoden; Richter; Sutton (Duane); Teupel; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis)

     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 94:   FOR AN ACT ENTITLED, An Act to   permit the posting or display of the United States flag, giving the pledge of allegiance, and singing the national anthem.

     Was read the second time.

     The question being "Shall SB 94 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

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

     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. Richter moved that the House do now consider SB 166.

     Which motion prevailed.

     SB 166:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the Department of Education and Cultural Affairs to reimburse fees and provide a stipend for National Board

for Professional Teaching Standards certified teachers, to provide for a teacher enhancement program, and to revise the calculation of state aid to education.

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

166dd

     Rep. Richter moved that SB 166 be amended as follows:

     On page 1 of the House Appropriations Committee engrossed bill, delete lines 6 to 15 , inclusive.

     On page 2 , delete lines 1 and 2 .

     On page 2 , between lines 18 and 19, insert:

"      Section 8. Criteria established by the Department of Education and Cultural Affairs may not include number of years in the teaching profession or other measures of seniority, academic degrees earned or other measures of professional advancement, or other factors which are not related to performance in the classroom.".


     On page 2 , delete lines 21 to 24 , inclusive.

     On page 3 , delete lines 1 to 24 , inclusive.

     On page 4 , delete lines 1 to 24 , inclusive.

     On page 5 , delete lines 1 to 8 , inclusive.

166ra

     Rep. Kloucek moved as a substitute motion that SB 166 be amended as follows:

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

"      Section  1.  That chapter 13-16 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provision of this chapter, a school district may transfer money from its capital outlay fund to its general fund.

     Section  2.  This Act is repealed on July 1, 2003."


     Rep. Bill Peterson moved that Rep. Kloucek's substitute motion to amend SB 166 be laid on the table.


    A roll call vote was requested and supported.

     The question being on Rep. Bill Peterson's motion that Rep. Kloucek's substitute motion to amend SB 166 be laid on the table.

     And the roll being called:

     Yeas 47, Nays 21, Excused 1, Absent 1

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

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

     Excused:
Brown (Jarvis)

     Absent:
Monroe

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Kloucek's substitute motion to amend was laid on the table.

    The question being on Rep. Richter's motion that SB 166 be amended.

     Which motion prevailed and SB 166 was so amended.

     The question being "Shall SB 166 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 34, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Richard); Clark; Derby; Duenwald; Duniphan; Frost; Garnos; Hansen (Tom); Heineman; Hennies (Thomas); Holbeck; Jaspers; Jensen; Juhnke; Konold; Madsen; McCaulley; Monroe; Murschel; Peterson (Bill); Pitts; Pummel; Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hundstad; Hunhoff; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Lintz; McCoy; Michels; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Sigdestad; Slaughter; Valandra; Van Norman

     Excused:
Brown (Jarvis)

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

     Rep. Richter announced his intention to reconsider the vote by which SB 166 was lost.

    
     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 32 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the House amendments be deleted, thus restoring the bill to the Senate Transportation Committee engrossed version.

Respectfully submitted,                 Respectfully submitted,
B. Michael Broderick, Jr.                Arnold M. Brown
Claire B. Konold                        Brock L. Greenfield
Burt Elliott                            Robert N. Duxbury
House Committee                        Senate Committee

     Speaker Eccarius now presiding.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1113, 1240, and 1294 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1168, 1237, 1258, 1279, and 1295 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 HB 1229 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1124 was tabled.

Respectfully,
Patricia Adam, Secretary

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(Continued)


    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.

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

     The question being "Shall SB 58 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 1, Absent 2

     Yeas:
Abdallah; Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; 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); Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Hennies (Don); Kooistra; Nachtigal

     Excused:
Brown (Jarvis)

     Absent:
Duenwald; Teupel

     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 182:   FOR AN ACT ENTITLED, An Act to   revise the procedures for opting out of the property tax freeze and for levying or increasing a property tax.

     Was read the second time.

     Rep. Bill Peterson moved that SB 182 be placed to follow SB 151 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SJR 5:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article III of the Constitution of the State of South Dakota, relating to legislative appointments and conflicts of interest.

     Was read the second time.

j5da
     Rep. Adelstein moved that SJR 5 be amended as follows:

     On page 2, line 9 of the House State Affairs Committee engrossed resolution, delete " No " and insert "Except for contracts awarded through competitive bids as specified by law, no".

     Which motion lost.

      The question being "Shall SJR 5 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 17, Excused 1, Absent 0

     Yeas:
Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Lange; Lintz; Madsen; McCoy; Murschel; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sigdestad; Smidt; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Abdallah; Adelstein; Begalka; Kloucek; Konold; Kooistra; McCaulley; Michels; Monroe; Nachtigal; Napoli; Rhoden; Richter; Sebert; Slaughter; Solum; Speaker Eccarius

     Excused:
Brown (Jarvis)

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

     Rep. Bill Peterson moved that SB 133 be placed to follow SB 182 on today's calendar.

     Which motion prevailed and the bill was so placed.

     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.

151js

     Rep. Davis moved that SB 151 be 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.

     Section 2. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

     A licensee may not disburse more than five hundred dollars to the maker of a check in a deferred presentment service transaction. A violation of this section is a Class 1 misdemeanor."

151ju

     Rep. Broderick moved as a substitute motion that SB 151 be amended as follows:

     On page 739 of the House Journal, delete lines 4 to 7 , inclusive.

     On page 2, line 15 of the House Commerce Committee engrossed bill, after " Act. " insert "However, any separate business entity renting or otherwise operating under a charter of any financial institution exempt under this section that operates a deferred presentment service transaction business in this state is subject to this Act.".

     On page 6 , line 12, delete " five hundred " and insert "seven hundred fifty".

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

     On page 8 , line 10, delete " five hundred " and insert "seven hundred fifty".

     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.".


    A roll call vote was requested and supported.

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

     And the roll being called:

     Yeas 26, Nays 43, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Broderick; Brown (Richard); Derby; Duniphan; Frost; Hansen (Tom); Hennies (Don); Hennies (Thomas); Klaudt; Kloucek; Kooistra; Madsen; McCoy; Monroe; Peterson (Bill); Pitts; Pummel; Richter; Sebert; Slaughter; Sutton (Duane); Teupel; Van Etten; Speaker Eccarius

     Nays:
Bartling; Begalka; Bradford; Burg; Clark; Davis; Duenwald; Elliott; Flowers; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Heineman; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Lange; Lintz; McCaulley; Michels; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rhoden; Sigdestad; Smidt; Solum; Valandra; Van Gerpen; Van Norman; Wick

     Excused:
Brown (Jarvis)

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

     Rep. Bill Peterson moved the previous question.

     Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Davis's motion that SB 151 be amended.

     And the roll being called:

     Yeas 48, Nays 21, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Heineman; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Kooistra; Lange; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Sebert; Sigdestad; Smidt; Solum; Sutton (Duane); Valandra; Van Etten; Van Norman; Wick

     Nays:
Abdallah; Adelstein; Broderick; Derby; Frost; Garnos; Hennies (Don); Konold; Lintz; Madsen; McCaulley; McCoy; Monroe; Napoli; Peterson (Bill); Rhoden; Richter; Slaughter; Teupel; Van Gerpen; Speaker Eccarius

     Excused:
Brown (Jarvis)

     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.

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

     And the roll being called:

     Yeas 40, Nays 29, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Brown (Richard); Burg; Clark; Davis; Duenwald; Duniphan; Elliott; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Kloucek; Lange; Michels; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Pitts; Pummel; Sigdestad; Smidt; Solum; Sutton (Duane); Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Abdallah; Broderick; Derby; Frost; Fryslie; Garnos; Hansen (Tom); Heineman; Hennies (Don); Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; Lintz; Madsen; McCaulley; McCoy; Monroe; Napoli; Peterson (Bill); Rhoden; Richter; Sebert; Slaughter; Teupel; Speaker Eccarius

     Excused:
Brown (Jarvis)

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

     Rep. Napoli announced his intention to reconsider the vote by which SB 151 was passed.

     Rep. Richter moved that the House do now reconsider the vote by which SB 166 was lost.

     The question being on Rep. Richter's motion to reconsider the vote by which SB 166 was lost.

     And the roll being called:

     Yeas 46, Nays 21, Excused 3, Absent 0

     Yeas:
Abdallah; Bartling; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Elliott; Frost; Garnos; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Konold; Kooistra; Lange; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Sigdestad; Smidt; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Bradford; Duniphan; Flowers; Fryslie; Gillespie; Glenski; Hargens; Hennies (Don); Hundstad; Klaudt; Kloucek; Koistinen; Lintz; Nachtigal; Nesselhuf; Peterson (Jim); Rhoden; Slaughter; Valandra; Van Norman

     Excused:
Adelstein; Brown (Jarvis); Solum

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 166 was up for reconsideration and final passage.

     SB 166:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the Department of Education and Cultural Affairs to reimburse fees and provide a stipend for National Board for Professional Teaching Standards certified teachers, to provide for a teacher enhancement program, and to revise the calculation of state aid to education.

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

166df

     Rep. Richter moved that SB 166 be amended as follows:

     On page 1 of the House Appropriations Committee engrossed bill, delete lines 6 to 15 , inclusive.

     On page 2 , delete lines 1 and 2 .

     On page 2 , between lines 18 and 19, insert:

"      Section 8. Criteria established by the Department of Education and Cultural Affairs may not include number of years in the teaching profession or other measures of seniority or academic degrees earned.".


     On page 2 , delete lines 21 to 24 , inclusive.

     On page 3 , delete lines 1 to 24 , inclusive.

     On page 4 , delete lines 1 to 24 , inclusive.
     On page 5 , delete lines 1 to 8 , inclusive.

166x

     Rep. Michels moved that Rep. Richter's amendment (166df) be amended as follows:

     After "follows:" insert: "Delete the previously adopted amendment 166dd".

     Which motion prevailed and Rep. Richter's amendment was so amended.

    The question being on Rep. Richter's motion that SB 166 be amended.

    Which motion prevailed and SB 166 was so amended.

     The question being "Shall SB 166 pass as amended?"

     And the roll being called:

     Yeas 46, Nays 22, Excused 1, Absent 1

     Yeas:
Adelstein; Bartling; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Frost; Garnos; Hansen (Tom); Hanson (Gary); Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jaspers; Jensen; Juhnke; Koistinen; Konold; Kooistra; Madsen; McCaulley; McCoy; Monroe; Murschel; Olson (Mel); Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Richter; Sebert; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Nays:
Begalka; Elliott; Flowers; Fryslie; Gillespie; Glenski; Hargens; Hennies (Don); Hundstad; Klaudt; Kloucek; Lange; Lintz; Michels; Nachtigal; Napoli; Nesselhuf; Peterson (Jim); Rhoden; Sigdestad; Slaughter; Van Norman

     Excused:
Brown (Jarvis)

     Absent:
Abdallah

     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 7:00 p.m., which motion prevailed and at 6:44 p.m., the House recessed.

RECESS


     The House reconvened at 7:00 p.m., the Speaker Pro tempore 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 HJR 1003 was lost on second reading and final passage.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 21st, the 32nd legislative day.

     Which motion prevailed.

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of deferring final consideration of SB 182 and 133 to Thursday, February 21st, the 32nd legislative day.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of deferring final consideration of SB 182 and 133 to Thursday, February 21st, the 32nd legislative day.

     And the roll being called:

     Yeas 64, Nays 1, Excused 2, Absent 3

     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; Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Kooistra; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Van Etten; Van Gerpen; Wick


     Nays:
Bradford

     Excused:
Brown (Jarvis); Speaker Eccarius

     Absent:
Nachtigal; Valandra; Van Norman

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

     Rep. Bill Peterson moved that concurrence in Senate amendments to HB 1059, 1160, 1220, 1302, and 1303; adoption of HCR 1028; and consideration of the conference committee report on HB 1221 be deferred to Thursday, February 21st, the 32nd legislative day.

     Which motion prevailed and the bills, concurrent resolution, and the report of the conference committee were so deferred.

     Today, Rep. Napoli announced his intention to reconsider the vote by which SB 151 was passed.

     No member moved to reconsider the vote by which SB 151 was passed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1068, 1121, 1189, 1257, 1265, 1280, 1281, 1299, 1304, and 1305 were delivered to his Excellency, the Governor, for his approval at 3:17 p.m., February 20, 2002.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1001, 1003, 1075, 1141, 1181, and 1226 were delivered to his Excellency, the Governor, for his approval at 3:17 p.m., February 20, 2002.

Respectfully submitted,
Scott Eccarius, Chair

COMMEMORATIONS


     HC 1018   Introduced by:  Representatives Garnos, Abdallah, Adelstein, Bartling, Begalka, Broderick, Brown (Richard), Burg, Clark, Davis, Derby, Duenwald, Duniphan, Elliott, Flowers, Frost, Fryslie, 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, Monroe, Murschel, 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, and Wick and Senators Olson (Ed), Cradduck, Daugaard, de Hueck, Everist, Hutmacher, Kleven, Koskan, Madden, Sutton (Dan), and Whiting

         A LEGISLATIVE COMMEMORATION,  Honoring the Morgan family athletes past and present who attended Dakota Wesleyan University as one of the most outstanding basketball families in South Dakota history.

     WHEREAS,  Through the superior leadership and guidance of dedicated coaches, the support of parents and loyal fans, and the Morgans' intense devotion and motivation to excel in the sport of basketball, Wes, Scott, Ronda, Robin, Raven, and Randi Morgan of Mitchell, South Dakota have achieved unprecedented success by scoring more than 10,000 points on the hardwood floor for the Dakota Wesleyan University Tigers; and

     WHEREAS,  During their basketball careers at Dakota Wesleyan University, Wes Morgan scored 1,429 points from 1987 through 1991, Scott Morgan scored 2,810 points from 1989 through 1993 and was inducted into the Athletic Hall of Fame in 2000, Ronda Morgan scored 1,843 points from 1991 through 1994, Robin Morgan scored 1,511 points from 1993 through 1997, Raven Morgan scored 1,302 points from 1996 through 2000, and Randi Morgan, one of Dakota Wesleyan University's nine NAIA All-Americans and GPAC Women's Basketball Freshman of the Year for 2000-2001, scored 1,147 points, bringing the Morgan family total to over 10,000 points and counting:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that Wes, Scott, Ronda, Robin, Raven, and Randi Morgan be recognized and honored for their excellence as one of the most outstanding basketball families in South Dakota history and for scoring more than 10,000 points during their collegiate basketball careers.

     HC 1019   Introduced by:  Representatives Sebert and Olson (Mel) and Senator Olson (Ed)

         A LEGISLATIVE COMMEMORATION,  Honoring the 2001 Emery/Ethan Seahawk High School Football Team, Coaches, and Staff.

     WHEREAS,  the 2001 Emery/Ethan Seahawk High School Football Team won the 9AA State High School Football Championship with an undefeated record of 12-0, outscoring their opponents 549-27 during the season, through hard work, outstanding character, dedication, and perseverance; and

     WHEREAS,  Head Coach Jeff VanLeur and Assistant Coaches Tim Hawkins and Dan Clarke provided excellent leadership and support to the members of the team, achieving the first ever state football championship in Emery and Ethan High Schools' histories; and

     WHEREAS,  the students of the 2001 Seahawk football team showed enormous pride, unity, and great leadership on and off the field, and seven members of the Seahawk team were named to the All-State football teams:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-seventh Legislature of the State of South Dakota, that the 2001 Emery/Ethan Seahawk High School Football Team, Coaches, and Staff be recognized for their excellence in athletics for the 2001-2002 school year.

     HC 1020   Introduced by:  Representatives Michels and Hunhoff and Senator Moore

         A LEGISLATIVE COMMEMORATION,  Honoring and supporting WNAX Radio in Yankton on the occasion of its eightieth anniversary.

     WHEREAS,  in 1922, Dakota Radio Apparatus in Yankton applied for and received a broadcasting license from the federal government for what became WNAX. The radio station began in a small upstairs store on Walnut Street in downtown Yankton and was used to broadcast music and announcements to a café downstairs. In 1925, Chan Gurney, seeing the possibilities persuaded his father, D.B. Gurney, to buy the young station, move the radio station into the Gurney home on Mulberry Street, and broadcast full-time shortly thereafter. In 1943, WNAX built a 927-foot tower, one of the tallest AM towers in the world, and dedicated it to the Midwest farmer; and

     WHEREAS,  WNAX reaches into five states from its Yankton location and is one of only five stations in the United States with the same call letters since the early 1920s. WNAX was one of the first in the region to begin receiving wire reports in the mid-1930s from United Press; and

     WHEREAS,  WNAX has broadcast local, regional, and world events, from the dedication of Mount Rushmore in 1939 and in 1941, and the rededication in 1991, to the end of World War II, to the ground-breaking of Gavins Point Dam in 1956, to the commissioning of the USS Rushmore in 1993. The fall of 2002 marks the eightieth Anniversary of WNAX beginning its service to the Midwest:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature congratulates WNAX Radio of Yankton on its exemplary service to the people of South Dakota on the occasion of its eightieth anniversary.

     Rep. Adelstein moved that the House do now adjourn, which motion prevailed and at 7:31 p.m. the House adjourned.

Karen Gerdes, Chief Clerk