JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, February 22, 2002

     The House convened at 9:00 a.m., pursuant to adjournment, the Speaker Pro tempore presiding.

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Angie Thayer.

     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 thirty-second 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.
     Speaker Eccarius now presiding.

MESSAGES FROM THE SENATE



MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved HB 1218 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form.

Respectfully,
Patricia Adam, Secretary

     The Speaker appointed Reps. Adelstein, Garnos, and Bartling 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 1160.

     Rep. Bill Peterson moved that the House do now recess until 2:00 p.m., which motion prevailed and at 9:13 a.m., the House recessed.

RECESS


     The House reconvened at 2:00 p.m., the Speaker presiding.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the reconsideration of HB 1131 pursuant to the veto of the Governor and the veto message found on page 684 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall HB 1131 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 11, Nays 57, Excused 1, Absent 1

     Yeas:
Abdallah; Begalka; Glenski; Jensen; Kloucek; Kooistra; Lange; Richter; Sebert; Solum; Sutton (Duane)

     Nays:
Adelstein; Bartling; 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; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Sigdestad; Slaughter; Smidt; Teupel; Valandra; Van Etten; Van Norman; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis)

     Absent:
Van Gerpen

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

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1024 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,
B. Michael Broderick, Jr.                Don Brosz
John E. Teupel                        Royal "Mac" McCracken
Thomas J. Van Norman                Richard "Dick" Hagen
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1052 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1052 be amended as follows:
    
     On page 1, line 13 of the Senate engrossed bill, after "fund.", insert "Any revenue derived from any lease of the former state training school real property shall be deposited with the commissioner of school and public lands and distributed to the Department of Corrections for juvenile programs subject to §  4-8-1."

Respectfully submitted,                 Respectfully submitted,
Bill Peterson                            Barbara Everist
William M. Napoli                    Eric H. Bogue
Mel Olson                            Robert N. Duxbury
House Committee                        Senate Committee
Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1135 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1135 be amended as follows:
    
     On page 2, after line 5 of the Senate engrossed bill, insert:

"      Section 3. The secretary of revenue shall conduct a pilot study concerning the use of agricultural income value as a means to value agricultural land. The pilot study shall include an analysis of various capitalization rates and determine the impact of such rates on the total statewide assessed value of agricultural property and its relationship to the total statewide assessed value of all property. The pilot study shall include the counties not included in the pilot study provided by chapter 44 of the 2000 Session Laws. The secretary shall, for the purpose of providing information, apply the provisions and procedures provided in chapter 44 of the 2000 Session Laws to value agricultural land in the remaining counties. The secretary shall submit a report detailing the information collected to the Governor and the Seventy-eighth Legislature.

     Section 4. There is hereby appropriated from the general fund the sum of fifty thousand dollars ($50,000), or so much thereof as may be necessary, to the Department of Revenue for the purpose of conducting a pilot study concerning the use of agricultural income value as a means to value agricultural land.

     Section 5. The secretary of the Department of Revenue shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 6. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2003, shall revert in accordance with §  4-8-21.

     Section 7. Whereas, sections 3 to 6, inclusive, of this Act are necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and sections 3 to 6, inclusive, of this Act shall be in full force and effect from and after its passage and approval.".


     On page 1, line 1 of the Senate engrossed bill, delete everything after " Act to " and insert "revise the procedure for reclassification and valuation of certain real property, to conduct a pilot study on valuing certain real property, to appropriate money for a pilot study, and to declare an emergency.".

Respectfully submitted,                 Respectfully submitted,
Jim Lintz                            Bob Drake
Claire B. Konold                        Patricia de Hueck
Thomas J. Van Norman                Paul N. Symens
House Committee                        Senate Committee
Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1160 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1160 be amended as follows:

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

     On page 1 of the House Judiciary Committee engrossed bill, delete line 6 and insert:

"

             (1)    The abduction or enticement of a husband from his wife or of a parent from his a child;"

    On page 1, delete lines 10 to 12 , inclusive, and insert:

"

             (4)    The seduction of a husband, son, or orphan brother ."

    On page 1, line 2 of the House Judiciary Committee engrossed bill, delete "reduction" and insert "seduction".

    
Respectfully submitted,                 Respectfully submitted,
Stan Adelstein                        Royal "Mac" McCracken
Cooper Garnos                        Kenneth D. Albers
Julie Bartling                            
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1220 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1220 be amended as follows:
    
     On the Senate Judiciary Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 29A-5-106 be amended to read as follows:

     29A-5-106.   Custody of a child may be sought by a person other than the parent under this chapter and the substantive law of this state. A person other than the parent may not use this chapter to seek custody if a proceeding is pending pursuant to chapter 25-3, 25-4, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, or 26-8C, or if the child is subject to the continuing jurisdiction of another court. Nothing in this chapter affects the provisions of chapters 25-4, 25-5, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C relating to the appointment of guardians and

conservators and the administration of guardianships and conservatorships for children who have been adjudicated to be delinquent, abused, neglected, or in need of supervision. Nor may anything in this chapter affect the provisions of Title 27A, relating to individuals with mental illnesses. In the event of any inconsistency or conflict, the provisions of chapters 25-4, 25-5, 25- 5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, and 26-8C or of Title 27A shall control, and the provisions of this chapter are in all respects to be supplementary thereto. A petition pursuant to this chapter seeking custody by a person other than the parent shall be dismissed if an action concerning the child is filed pursuant to chapter 26-7A, 26-8A, 26-8B, or 26-8C. If, while a guardianship petition pursuant to this chapter seeking custody by a person other than the parent is pending, an action is commenced pursuant to chapter 25-4, 25-5, 25-5A, 25-6, or 25-8, the court may, in its discretion, dismiss the guardianship proceeding and defer the child custody matter to the other proceeding or considering the stage of the proceedings, judicial economy, and best interests of the child, retain jurisdiction and establish the guardianship, or enter an appropriate protection order pending resolution of the pending proceedings.

     Section 2. That chapter 29A-5 be amended by adding thereto a NEW SECTION to read as follows:

     It is the express legislative intent that this Act, together with chapter 25-5 dealing with custody disputes between a parent and a person other than the parent, apply to all pending and subsequent guardianship matters involving a custody dispute between a parent and a person other than the parent.

     Section 3. 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."


Respectfully submitted,                 Respectfully submitted,
Casey Murschel                        Barbara Everist
Kent Juhnke                            Patricia de Hueck
Gary D. Hanson                        Jim Hutmacher
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1273 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB1273 be amended as follows:

    
     On page 4 of the Senate engrossed bill, delete line 18, and insert " The court shall assess a fine of not less than one hundred dollars ".

     On page 4, line 19, delete everything before " if ".

     On page 5, line 16, delete everything after "." and insert " The court shall assess a fine of not less than one hundred dollars if the ".
     On page 5, delete line 17.

     On page 5, line 24, delete everything after "." and insert " The court shall assess a fine of not less than one hundred dollars ".

     On page 6, line 1, delete everything before " if ".

     On page 6, line 9, delete everything after "." and insert "The court shall assess a fine of not less than one hundred dollars".

     On page 6, line 10, delete everything before "if".

Respectfully submitted,                 Respectfully submitted,
J.P. Duniphan                        Arlene H. Ham
William M. Napoli                    Ed Olson
Sam Nachtigal                        John J. Reedy
House Committee                        Senate Committee

Also 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 page 2 of the Senate engrossed bill, delete lines 6 to 11 , inclusive, and insert:

     "
             (7)    Intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface;

is guilty of aggravated assault. Aggravated assault is a Class 3 felony. However, a violation of subdivision (7) is a Class 2 felony. A second or subsequent violation of subdivision (7) is a Class 1 felony. ".

Respectfully submitted,                 Respectfully submitted,
Scott Eccarius                        Eric H. Bogue
Matthew Michels                        Dennis Daugaard
Mel Olson                            Gil Koetzle
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SJR 5 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.
    
Respectfully submitted,                 Respectfully submitted,
Carol A. Pitts                        Eric H. Bogue
                                    John Koskan
Mel Olson                            Gil Koetzle
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 14 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 14 be amended as follows:

     On page 1 of the House 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 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; or

             (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 ".
    
Respectfully submitted,                 Respectfully submitted,
B. Michael Broderick, Jr.                Arnold M. Brown
Orville B. Smidt                        David R. Munson
Paul Valandra                        Garry A. Moore
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 177 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 177 be amended as follows:
    
     On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     Except for proceedings under chapter 26-7A, 26-8A, 26-8B, or 26-8C, the court may allow any person other than the parent of a child to intervene or petition a court of competent jurisdiction for custody or visitation of any child with whom he or she has served as a primary caretaker, has closely bonded as a parental figure, or has otherwise formed a significant and substantial relationship. It is presumed to be in the best interest of a child to be in the care, custody, and control of the child's parent, and the parent shall be afforded the constitutional protections as determined by the United States Supreme Court and the South Dakota Supreme Court. A parent's presumptive right to custody of his or her child may be rebutted by proof:

             (1)    That the parent has abandoned or persistently neglected the child;

             (2)    That the parent has forfeited or surrendered his or her parental rights over the child to any person other than the parent;

             (3)    That the parent has abdicated his or her parental rights and responsibilities; or

             (4)    That other extraordinary circumstances exist which, if custody is awarded to the parent, would result in serious detriment to the child.

     Section 2. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances:

             (1)    The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;

             (2)    The extended, unjustifiable absence of parental custody;

             (3)    The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;

             (4)    The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;

             (5)    The substantial enhancement of the child's well-being while under the care of a person other than the parent;

             (6)    The extent of the parent's delay in seeking to reacquire custody of the child;
             (7)    The demonstrated quality of the parent's commitment to raising the child;

             (8)    The likely degree of stability and security in the child's future with the parent;

             (9)    The extent to which the child's right to an education would be impaired while in the custody of the parent; or

             (10)    Any other extraordinary circumstance that would substantially and adversely impact the welfare of the child.

     Section 3. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in section 1 of this Act creates any right on behalf of a stepparent to seek custody or visitation with a stepchild who has lived with that stepparent merely because the stepparent was married to or living with the child's parent.

     Section 4. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent's parental rights over the child. A judgment awarding to a person other than a parent custodial rights may award the parent visitation rights with the child.

     Section 5. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     If a court awards a person other than a parent custodial rights to a child, the court may set child support in whatever amount it deems appropriate, and notwithstanding the provisions of any other statute to the contrary, may waive the parent's duty to provide monetary or other support for his or her child.

     Section 6. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

     It is the express legislative intent that this Act apply to all pending matters involving disputed custody of a child between a parent and a person other than a parent meeting the standing provisions of section 1 of this Act, and all subsequent custody disputes involving a person other than a parent.
     Section 7. 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."

Respectfully submitted,                 Respectfully submitted,
Kent Juhnke                            Barbara Everist
Casey Murschel                        
Gary D. Hanson                        Jim Hutmacher
House Committee                        Senate Committee

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 183 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 183 be amended as follows:
    
     On page 4 of the House State Affairs Committee Engrossed bill, delete lines 19 to 24 , inclusive.

     On page 5 , delete line 1 .

Respectfully submitted,                     Respectfully submitted,
Christopher W. Madsen                    Eric H. Bogue
Matt McCaulley                            Bob Drake
Burt Elliott                                Dan Sutton
House Committee                            Senate Committee

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 151.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1028 and 1029 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 182 and has appointed Sens. Everist, Bogue, and Hutmacher as a

committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

     The Speaker appointed Reps. Bill Peterson, Napoli, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 182.

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1087.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1087.

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent 1

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

     Absent:
Hansen (Tom)

     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. Mel Olson moved that the House do concur in Senate amendments to HB 1137.

     The question being on Rep. Mel Olson's motion that the House do concur in Senate amendments to HB 1137.


     And the roll being called:

     Yeas 67, Nays 1, Excused 2, 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; Jensen; Juhnke; Klaudt; 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

     Nays:
Kloucek

     Excused:
Brown (Jarvis); Jaspers

     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. Richter moved that the House do not concur in Senate amendments to HB 1197 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. Richter, Pummel, and Nachtigal.

     SCR 12:   A CONCURRENT RESOLUTION,   Encouraging South Dakota's delegation in the United States Congress to oppose any increase in the Corporate Average Field Economy standards.

     Rep. Flowers moved that SCR 12 as found on page 601 of the Senate Journal be concurred in.

     The question being on Rep. Flowers' motion that SCR 12 be concurred in.

     And the roll being called:

     Yeas 58, Nays 6, Excused 5, Absent 1

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

     Nays:
Gillespie; Glenski; Hanson (Gary); Lange; Nesselhuf; Olson (Mel)

     Excused:
Brown (Jarvis); Hennies (Thomas); Jaspers; Pummel; Richter

     Absent:
Burg

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 12 was concurred in.

     SCR 13:   A CONCURRENT RESOLUTION,   Urging the United States Congress to pass, and the President of the United States to sign, legislation that completely bans human cloning.

     Rep. Glenski moved that SCR 13 as found on page 643 of the Senate Journal be concurred in.

     The question being on Rep. Glenski's motion that SCR 13 be concurred in.

     And the roll being called:

     Yeas 63, Nays 4, Excused 2, Absent 1

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

     Nays:
Clark; Hennies (Thomas); Murschel; Nesselhuf

     Excused:
Brown (Jarvis); Jaspers

     Absent:
Nachtigal

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 13 was concurred in.

     SCR 14:   A CONCURRENT RESOLUTION,   Urging the federal government to address sedimentation problems in the Missouri River Main Stem Reservoir System.

     Rep. Kloucek moved that SCR 14 as found on page 602 of the Senate Journal be concurred in.

     The question being on Rep. Kloucek's motion that SCR 14 be concurred in.

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

     Yeas:
Abdallah; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Elliott; Flowers; 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; McCoy; Michels; Monroe; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Valandra; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Adelstein; Frost; McCaulley; Pederson (Gordon); Teupel

     Excused:
Brown (Jarvis); Van Etten

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 14 was concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Broderick moved that the report of the Conference Committee on HB 1024 as found on page 819 of the House Journal be adopted.

     The question being on Rep. Broderick's motion that the report of the Conference Committee on HB 1024 be adopted.

     And the roll being called:

     Yeas 59, Nays 8, Excused 2, Absent 1

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

     Nays:
Begalka; Bradford; Hargens; Klaudt; Kloucek; Lintz; McCoy; Rhoden

     Excused:
Brown (Jarvis); Van Etten

     Absent:
Hennies (Thomas)

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

     Rep. Bill Peterson moved that the report of the Conference Committee on HB 1052 as found on page 819 of the House Journal be adopted.

     The question being on Rep. Bill Peterson's motion that the report of the Conference Committee on HB 1052 be adopted.

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

     Rep. Lintz moved that the report of the Conference Committee on HB 1135 as found on page 820 of the House Journal be adopted.

     The question being on Rep. Lintz's motion that the report of the Conference Committee on HB 1135 be adopted.

     And the roll being called:

     Yeas 68, Nays 1, 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; 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

     Nays:
Jensen

     Excused:
Brown (Jarvis)

     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 report was adopted.

     Rep. Adelstein moved that the report of the Conference Committee on HB 1160 as found on page 821 of the House Journal be adopted.

     The question being on Rep. Adelstein's motion that the report of the Conference Committee on HB 1160 be adopted.

     And the roll being called:

     Yeas 55, Nays 14, Excused 1, Absent 0

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

     Nays:
Clark; Frost; Hunhoff; Konold; Kooistra; Murschel; Napoli; Pederson (Gordon); Peterson (Jim); Pitts; Richter; Solum; Valandra; Van Norman

     Excused:
Brown (Jarvis)

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

     Rep. Murschel moved that HB 1220 be placed to follow SB 183 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Rep. Duniphan moved that the report of the Conference Committee on HB 1273 as found on pages 822 and 823 of the House Journal be adopted.

     Rep. Konold moved that HB 1273 be placed to follow HB 1220 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Speaker Pro tempore Michels now presiding.

     Rep. Eccarius moved that the report of the Conference Committee on HB 1283 as found on page 823 of the House Journal be adopted.

     The question being on Rep. Eccarius's motion that the report of the Conference Committee on HB 1283 be adopted.

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

     Speaker Eccarius now presiding.

     Rep. Bill Peterson moved that the House do now recess until 5:00 p.m., which motion prevailed and at 3:13 p.m., the House recessed.

RECESS


     The House reconvened at 5:00 p.m., the Speaker Pro tempore now presiding.

     There being no objection, the House reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS


February 21, 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 1001 with the following recommendations as to STYLE and FORM.

House Bill 1001 is, "An Act to ratify the Uniform Sales and Use Tax Administration Act and to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project."

I am making the following recommendation as to style and form:

            On page 27, line 4 of the Senate engrossed version of the bill, after the word "and", insert "sections 1 through 12 of".

This change is necessary to make the bill internally consistent.

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


Respectfully submitted,
William J. Janklow

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on SB 14, 177, and 183, and SJR 5.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the reports of the Conference Committees on HB 1024, 1052, 1135, 1160, 1220, 1273, and 1283.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Drake, Putnam, and Moore 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 1197.
Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 166 and has appointed Sens. Brosz, Apa, and Dennert as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary
     The Speaker appointed Reps. Richter, Eccarius, and Elliott as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 166.

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Saturday, February 23rd, the 34th legislative day.

     Which motion prevailed.

    
     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of deferring final consideration of SB 133 to Saturday, February 23rd, the 34th 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 133 to Saturday, February 23rd, the 34th legislative day.

     And the roll being called:

     Yeas 68, Nays 1, 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; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Rhoden; Richter; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Eccarius

     Nays:
Nachtigal

     Excused:
Brown (Jarvis)

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Mel Olson moved that the report of the Conference Committee on SJR 5 as found on page 824 of the House Journal be adopted.

     Rep. Konold moved as a substitute motion that the House do not adopt the report of the Conference Committee on SJR 5 and that no new committee be appointed.

     The question being on Rep. Konold's substitute motion to not adopt the report of the Conference Committee on SJR 5 and that no new committee be appointed.

     And the roll being called:

     Yeas 23, Nays 42, Excused 5, Absent 0

     Yeas:
Adelstein; Begalka; Broderick; Clark; Heineman; Holbeck; Hunhoff; Jensen; Konold; Kooistra; Madsen; McCaulley; Michels; Monroe; Pederson (Gordon); Rhoden; Sebert; Slaughter; Solum; Sutton (Duane); Teupel; Van Etten; Wick

     Nays:
Abdallah; Bartling; Bradford; Brown (Richard); Burg; Davis; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Jaspers; Juhnke; Klaudt; Kloucek; Koistinen; Lange; Lintz; McCoy; Murschel; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sigdestad; Smidt; Valandra; Van Gerpen; Van Norman

     Excused:
Brown (Jarvis); Derby; Elliott; Richter; Speaker Eccarius

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

     Rep. Teupel moved as a substitute motion that the House do not adopt the report of the Conference Committee on SJR 5 and that a new committee be appointed.

    Rep. Bill Peterson moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Teupel's substitute motion to not adopt the report of the Conference Committee on SJR 5 and that a new committee be appointed.

     And the roll being called:

     Yeas 36, Nays 29, Excused 4, Absent 1

     Yeas:
Abdallah; Adelstein; Begalka; Broderick; Brown (Richard); Clark; Duenwald; Duniphan; Frost; Garnos; Gillespie; Heineman; Hennies (Thomas); Holbeck; Hunhoff; Jensen; Juhnke; Klaudt; Kloucek; Koistinen; Konold; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Napoli; Pederson (Gordon); Rhoden; Slaughter; Solum; Sutton (Duane); Teupel; Van Etten; Wick

     Nays:
Bartling; Bradford; Burg; Davis; Derby; Flowers; Fryslie; Glenski; Hansen (Tom); Hanson (Gary); Hargens; Hennies (Don); Hundstad; Jaspers; Kooistra; Lange; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Pitts; Pummel; Sebert; Sigdestad; Smidt; Valandra; Van Gerpen

     Excused:
Brown (Jarvis); Elliott; Richter; Speaker Eccarius

     Absent:
Van Norman

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

    The Speaker reappointed as such committee Reps. Pitts, McCaulley, and Mel Olson.

     Rep. Broderick moved that the report of the Conference Committee on SB 14 as found on page 824 of the House Journal be adopted.

     Rep. Don Hennies moved as a substitute motion that the House do not adopt the report of the Conference Committee on SB 14 and that a new committee be appointed.

    Rep. Mel Olson moved the previous question.

    Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Don Hennies' substitute motion to not adopt the report of the Conference Committee on SB 14 and that a new committee be appointed.


     And the roll being called:

     Yeas 20, Nays 48, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Elliott; Flowers; Gillespie; Glenski; Hargens; Hennies (Don); Hennies (Thomas); Kloucek; Kooistra; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Van Etten; Van Norman

     Nays:
Abdallah; Adelstein; Broderick; Brown (Richard); Clark; Davis; Derby; Duenwald; Duniphan; Frost; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Heineman; Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lange; Lintz; Madsen; McCaulley; McCoy; Michels; Monroe; Murschel; Napoli; Pederson (Gordon); Peterson (Bill); Pitts; Pummel; Rhoden; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Richter

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

     The question being on Rep. Broderick's motion that the report of the Conference Committee on SB 14 be adopted.

     And the roll being called:

     Yeas 51, Nays 17, Excused 2, Absent 0

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

     Nays:
Bradford; Burg; Elliott; Flowers; Gillespie; Glenski; Hargens; Hennies (Don); Kloucek; Kooistra; Lange; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Van Etten; Van Norman

     Excused:
Brown (Jarvis); Richter

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


     Rep. Juhnke moved that the report of the Conference Committee on SB 177 as found on pages 824 to 827 of the House Journal be adopted.

     The question being on Rep. Juhnke's motion that the report of the Conference Committee on SB 177 be adopted.

     And the roll being called:

     Yeas 65, Nays 1, Excused 2, 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 (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; Sebert; Sigdestad; Slaughter; Smidt; Solum; Sutton (Duane); Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick

     Nays:
Rhoden

     Excused:
Brown (Jarvis); Richter

     Absent:
Duenwald; Speaker Eccarius

     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 report was adopted.

     Rep. Madsen moved that the report of the Conference Committee on SB 183 as found on page 827 of the House Journal be adopted.

     The question being on Rep. Madsen's motion that the report of the Conference Committee on SB 183 be adopted.

     And the roll being called:

     Yeas 56, Nays 9, Excused 3, Absent 2

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

     Nays:
Bartling; Davis; Flowers; Hanson (Gary); Hargens; Monroe; Nachtigal; Nesselhuf; Peterson (Jim)

     Excused:
Brown (Jarvis); Jaspers; Richter

     Absent:
Duenwald; Speaker Eccarius

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

     Rep. Murschel moved that the report of the Conference Committee on HB 1220 as found on pages 821 and 822 of the House Journal be adopted.

     The question being on Rep. Murschel's motion that the report of the Conference Committee on HB 1220 be adopted.

     And the roll being called:

     Yeas 63, Nays 2, Excused 3, Absent 2

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

     Nays:
Bradford; Rhoden

     Excused:
Brown (Jarvis); Jaspers; Richter

     Absent:
Duenwald; Speaker Eccarius

     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 report was adopted.

    Today consideration of the Conference Committee Report on HB 1273 was placed to follow HB 1220.

     The question being on Rep. Duniphan's pending motion as found on page 834 of the House Journal to adopt the report of the conference committee on HB 1273.

     Rep. Juhnke moved as a substitute motion that the House do not adopt the report of the Conference Committee on HB 1273 and that a new committee be appointed.

     Which motion prevailed and the Speaker reappointed as such committee Reps. Duniphan, Napoli, and Nachtigal.

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

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered HB 1168 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1168 be amended as follows:
    
     On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. The Executive Board of the Legislative Research Council shall appoint a special interim committee to study Article III and related legislative provisions of the South Dakota Constitution during the 2002 and 2003 legislative interims. The membership of the special interim committee shall consist of nine current legislators and six South Dakota citizens who are not currently serving in the Legislature. Each member is eligible to serve throughout the duration of the special interim committee; but the executive board may make new appointments if any vacancy occurs. Lay members of the special interim committee shall be compensated in the same manner as legislative members. The committee shall make recommendations to the 2004 Legislature regarding any constitutional provision concerning the Legislature or the legislative process, including, but not limited to, the length of legislative sessions, legislator term limits, the legislative redistricting process, legislator conflicts of interest, the appropriations and the interim appropriations processes, special vote requirements, and the powers and duties of the Legislature."

     On page 1, line 1 of the Senate State Affairs Committee engrossed bill, after " article " insert "and related legislative provisions".

Respectfully submitted,                 Respectfully submitted,
Bill Peterson                            Barbara Everist
Scott Eccarius                        Eric H. Bogue
Mel Olson                            Richard "Dick" Hagen
House Committee                        Senate Committee

REPORTS OF STANDING COMMITTEES



MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB1294 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1031, 1034, 1058, 1059, 1078, 1113, 1116, 1120, 1136, 1164, 1195, 1198, 1221, 1237, 1240, 1258, 1279, 1291, 1295, 1296, 1302, and 1303 were delivered to his Excellency, the Governor, for his approval at 11:22 a.m., February 22, 2002.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1218, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor at 11:23 a.m., February 22, 2002.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HJR 1009 was delivered to her Excellency, the Secretary of State, for filing at 11:28 a.m., February 22, 2002.

Respectfully submitted,
Scott Eccarius, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1024: FOR AN ACT ENTITLED, An Act to  revise the penalties for overweight vehicle violations.

     HB 1052: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the state training school and the state juvenile reformatory.

     HB 1087: FOR AN ACT ENTITLED, An Act to  revise the property tax levies for the general fund of a school district.

     HB 1135: FOR AN ACT ENTITLED, An Act to  revise the procedure for reclassification and valuation of certain real property, to conduct a pilot study on valuing certain real property, to appropriate money for a pilot study, and to declare an emergency.

     HB 1137: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the compensation and the meetings of the State Cement Plant Commission.

     HB 1160: FOR AN ACT ENTITLED, An Act to  expand certain tort liability arising out of causes of action based on seduction, abduction, and alienation of affections.

     HB 1283: FOR AN ACT ENTITLED, An Act to  define certain serious injuries to infants as aggravated assault and to provide a penalty therefor.

     HB 1294: FOR AN ACT ENTITLED, An Act to  revise and supplement certain powers of the South Dakota Building Authority.

     SB 32: FOR AN ACT ENTITLED, An Act to  require photo identification for all aeronautics operations, to increase the pilot registration fee, and to declare an emergency.

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

     And signed the same in the presence of the House.

    
     Rep. Duniphan moved that the House do now adjourn, which motion prevailed and at 6:31 p.m. the House adjourned.

Karen Gerdes, Chief Clerk