JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION



THIRTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 12, 2002

     The House convened at 10:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Emily Sippel.

     Roll Call: All members present except Reps. Jarvis Brown and Valandra who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-fourth 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 24, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1002, 1050, 1054, 1109, 1116, 1129, 1130, 1133, 1134, 1151, 1153, 1165, 1171, 1172, 1180, 1187, 1188, 1190, 1211, 1216, 1234, 1253, 1254, and 1256, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
February 25, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1003, 1068, 1075, 1121, 1141, 1226, 1257, 1265, 1280, 1281, 1295, 1299, 1304, and 1305 and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
February 27, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1031, 1034, 1058, 1078, 1120, 1136, 1195, 1198, 1218, 1221, 1237, 1258, 1279, 1291, 1296, 1302, and 1303, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
February 28, 2002

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1001, 1024, 1052, 1059, 1087, 1135, 1137, 1160, 1197, 1220, 1273, 1283, and 1294, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow

February 27, 2002

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

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1113 and VETO the same.

House Bill 1113 is entitled, "An Act to require the Department of Corrections to seek membership in the Performance-based Standards Project."

Because the South Dakota Constitution allows only five days for me to make decisions on over one hundred bills, I will supplement this message with more information prior to the Legislature's final day of March 12, 2002.

I respectfully request that you concur in my action.


Respectfully submitted,
William J. Janklow

March 8, 2002

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

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1113 and VETO the same.

House Bill 1113 is entitled, "An Act to require the Department of Corrections to seek membership in the Performance-based Standards Project."

This bill commits the state to compliance with requirements imposed by organizations independent of South Dakota state government. The operations of the state's juvenile correctional facilities will be subject to the policies of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and policies of the Council of Juvenile Correctional Administrators. These are policies over which the state, including the state Legislature, has no control, with which the state may not agree, and in which the state has no input. In order for there to be a proper delegation of authority to an administrative agency, there must be a clearly expressed legislative will to delegate power and a sufficient guide or standard to guide the agency. First National Bank v. Kehn Ranch, Inc. (1986) 394 NW 2d 709. This bill lacks

sufficient standards to guide that agency and is, therefore, an unconstitutional delegation of legislative authority.

Secondly, the policy embodied in House Bill 1113 directly conflicts with another policy decision on juvenile justice made by the Legislature. The Legislature made a conscious decision that national standards on juvenile incarceration and juvenile jailing are not practical for rural South Dakota and passed SDCL 26-7A-26 which allows juveniles, including status offenders, to be placed in adult jails. House Bill 1113 requires the State Department of Corrections to follow the direction of an organization that the Legislature has already made a conscious decision to disregard.

Finally, when House Bill 1113 was amended to apply only to Department of Corrections facilities, the choice of standards offered in Section 5 of the bill became meaningless since Section 1 of the bill requires the Department to pursue "Performance Based Standards." The result is an illogical requirement that the State must follow "Performance-based Standards", when county detention centers, private group homes, out-of-state facilities, and other state agency facilities that serve juvenile correctional populations are not required by House Bill 1113 to abide by any standards. Only half of the children placed with the Department of Corrections are currently held in facilities that are impacted by this bill. The lack of uniform application to all similar juvenile justice programs in South Dakota indicates a lack of real concern for professional standards of correctional care and a lack of real concern for the children involved.

House Bill 1113 would create a patchwork system of standards for juvenile corrections in South Dakota. I cannot support legislation that is unconstitutional and directly conflicts with established policy set at the direction of the Legislature and creates a dysfunctional patchwork system of standards that may actually harm the very children we try to protect.

I respectfully request that you concur in my action.

Respectfully submitted,
William J. Janklow

February 27, 2002

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

Dear Mr. Speaker and Members of the House of Representatives:

I herewith return House Bill 1168 and VETO the same. It is, "An Act to provide for a study of the legislative article and related legislative provisions of the South Dakota Constitution."

Because the South Dakota Constitution allows only five days for me to make decisions on over one hundred bills, I will supplement this message with more information prior to the Legislature's final day of March 12, 2002.


I respectfully request that you concur with my action.

Respectfully submitted,
William J. Janklow

March 11, 2002

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

Dear Mr. Speaker and Members of the House of Representatives:

I herewith return House Bill 1168 and VETO the same. It is, "An Act to provide for a study of the legislative article and related legislative provisions of the South Dakota Constitution."

This bill would create a special legislative committee that would meet outside of the regular legislative sessions for the purpose of studying Article III, the legislative article of the South Dakota Constitution. After two years of deliberations, the interim legislative committee would recommend changes to the legislative article to the 2004 legislative session.

This is well intentioned legislation that could lead to some necessary revisions to the South Dakota Constitution. However, I cannot support the bill as delivered to me.

House Bill 1168 calls for the Legislature's Executive Board to appoint a fifteen person committee of nine current Legislators and six South Dakota citizens not currently serving in the Legislature to review Article III. House Bill 1168 guarantees a two-thirds majority of the committee will be Legislators currently serving in the Legislature. No bill should be so restrictive when dealing with the most basic of our public documents. House Bill 1168 does not include the people of South Dakota in a meaningful way. Though the intent of House Bill 1168 is to review only Article III, this is the people's Constitution and they should not be minority players in the revision process.

In addition, there is no legal authority under Article III of the Constitution for the Legislature to appoint members of the public to legislative committees. The only avenue for formal public participation in the legislative process is by testimony before a legislative committee.

In 1969, Senate Bill 1 created a Constitutional Revision Commission. That bill allowed a maximum of six members of the Commission to be Legislators and gave a majority of the Commission membership to people who were not serving in the Legislature. There are thousands of South Dakotans willing to serve and readily available for work of this nature.

The Constitutional Revision Commission was responsible for the single most comprehensive study and revision of the South Dakota Constitution in our history. I would support a bill that is similar in form to 1969 Senate Bill 1 (copy attached) which created the Constitutional Revision Commission of thirteen members, carefully designed to be bipartisan, to suggest revisions to Article III.


For the reasons stated above, I have vetoed House Bill 1168, and I respectfully request that you concur with my action.

Respectfully submitted,
William J. Janklow

February 27, 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 1240 with the following recommendations as to STYLE and FORM.

House Bill 1240 revises certain provisions relating to the Statewide One-call Notification Board and creates enforcement authority for the Board.

Sections 12 and 13 of the bill grant the Board the authority to assess penalties against a person who violates or aids or abets in the violation of certain statutes and rules promulgated pursuant to those statutes. The problem with the style and form is that other sections of the bill use the term "fines" interchangeably with the term "penalty."

This problem can be solved by making the following style and form corrections on the Senate Commerce Committee Engrossed Bill:

On page 8, line 11, remove the word "fine" and insert in lieu thereof "penalty"; on page 9, line 6, remove the word "fine" and insert in lieu thereof "penalty"; on page 9, line 7, remove "fine" and insert in lieu thereof "penalty"; on page 11, line 10, remove the word "fine" and insert in lieu thereof the word "penalty"; and on page 1, line 3, remove the words "and fines".

Section 26 of the bill allows the chair of the Board to appoint a replacement member if a board member is removed from a hearing due to a conflict of interest. This provision is in conflict with SDCL 49-7A-3 which states, "The board shall be appointed by the Governor and shall serve staggered three year terms." This problem can be corrected by striking everything after the words "of interest." on line 5 of page 11, and striking all of lines 6 and 7.

There is also a typographical error in the final sentence of Section 16. On page 8, line 10 of the Senate Commerce Committee Engrossed Bill, the letter "a" should be inserted between the word "been" and the word "violation".

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

Respectfully submitted,
William J. Janklow

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved 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 pertaining to fixing the time of adjournment sine die for the Seventy-seventh Legislative Session.

     Which motion prevailed and the Speaker appointed Reps. Eccarius, Bill Peterson, and Mel Olson.

     Rep. Bill Peterson moved 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

     Which motion prevailed and the Speaker appointed as such committee Reps. Eccarius, Napoli, and Burg.

     Rep. Bill Peterson moved that the House do now recess, which motion prevailed and at 10:19 a.m., the House recessed.

RECESS


     The House reconvened at 11:12 a.m., the Speaker presiding.

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

COMMUNICATIONS AND PETITIONS


March 12, 2002

Mr. Speaker and Members of the House of Representatives:

I have deposited House Bill 1164 in the office of the Secretary of State without my signature.

Pursuant to Article IV, Section 4 of the Constitution, the bill will become law without my signature.

Respectfully submitted,
William J. Janklow

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the consideration of executive vetoes and recommendations be immediately considered.

     Which motion prevailed.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1240 as found on page 878 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1240 be approved?"

     And the roll being called:

     Yeas 62, Nays 0, Excused 2, Absent 6

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


     Excused:
Brown (Jarvis); Valandra

     Absent:
Davis; Hennies (Thomas); Koistinen; Lintz; Van Etten; Van Norman

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

     The House proceeded to the reconsideration of HB 1113 pursuant to the veto of the Governor and the veto message found on page 875 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 1113 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 36, Nays 31, Excused 2, Absent 1

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Elliott; Flowers; Garnos; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Don); Hennies (Thomas); Hundstad; Hunhoff; Kloucek; Kooistra; Lange; McCoy; Murschel; Nachtigal; Nesselhuf; Olson (Mel); Peterson (Jim); Pitts; Pummel; Sigdestad; Slaughter; Sutton (Duane); Van Etten

     Nays:
Abdallah; Duenwald; Duniphan; Frost; Fryslie; Hansen (Tom); Heineman; Holbeck; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Lintz; Madsen; McCaulley; Michels; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Rhoden; Richter; Sebert; Smidt; Solum; Teupel; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Valandra

     Absent:
Van Norman

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

     The House proceeded to the reconsideration of HB 1168 pursuant to the veto of the Governor and the veto message found on page 876 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 1168 pass, the veto of the Governor notwithstanding?"


     And the roll being called:

     Yeas 21, Nays 46, Excused 2, Absent 1

     Yeas:
Bartling; Begalka; Bradford; Burg; Davis; Elliott; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Kloucek; Konold; Lange; Murschel; Nesselhuf; Olson (Mel); Pitts; Sigdestad; Sutton (Duane)

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

     Excused:
Brown (Jarvis); Valandra

     Absent:
Van Norman

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

     Rep. Michels moved that the House do now recess until 1:00 p.m., which motion prevailed and at 11:42 a.m., the House recessed.

RECESS


     The House reconvened at 1:00 p.m., the Speaker presiding.

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Arnold Brown, 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 pertaining to fixing the time of adjournment sine die for the Seventy-seventh legislative session.


 Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Arnold Brown, 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved HB 1240 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

MOTIONS AND RESOLUTIONS


     Rep. Duniphan moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to prohibiting certain commercial advertising within any railroad right-of-way.

     Rep. Bill Peterson moved that the House do now recess until 2:00 p.m., which motion prevailed and at 1:05 p.m., the House recessed.

RECESS


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

MOTIONS AND RESOLUTIONS
(Continued)

     The question being on Rep. Duniphan's pending motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to prohibiting certain commercial advertising within any railroad right-of-way.

     And the roll being called:

     Yeas 8, Nays 57, Excused 3, Absent 2


     Yeas:
Adelstein; Bradford; Duniphan; Kloucek; McCoy; Murschel; Peterson (Bill); Van Norman

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

     Excused:
Brown (Jarvis); Derby; Valandra

     Absent:
Teupel; Wick

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

     Rep. Kloucek moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to restricting the transfer of certain appropriated money and to provide for the redistribution of certain appropriated money.

     The question being on Rep. Kloucek's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to restricting the transfer of certain appropriated money and to provide for the redistribution of certain appropriated money.

     And the roll being called:

     Yeas 9, Nays 59, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Elliott; Kloucek; Lange; Peterson (Jim); Van Norman

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

     Excused:
Brown (Jarvis); Valandra

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

     Rep. Duniphan moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to increasing the distance around a cemetery in which certain billboards are prohibited without written consent.

     The question being on Rep. Duniphan's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to increasing the distance around a cemetery in which certain billboards are prohibited without written consent.

     And the roll being called:

     Yeas 10, Nays 57, Excused 3, Absent 0

     Yeas:
Adelstein; Bradford; Duniphan; Kloucek; Konold; McCoy; Murschel; Peterson (Bill); Pitts; Van Norman

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

     Excused:
Brown (Jarvis); Derby; Valandra

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

     Rep. Kloucek moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to amending the General Appropriations Act for fiscal year 2003.

     The question being on Rep. Kloucek's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving

second reading and final consideration to a bill pertaining to amending the General Appropriations Act for fiscal year 2003.

     And the roll being called:

     Yeas 8, Nays 60, Excused 2, Absent 0

     Yeas:
Begalka; Bradford; Elliott; Hansen (Tom); Hargens; Kloucek; Lange; Van Norman

     Nays:
Abdallah; Adelstein; Bartling; Broderick; Brown (Richard); Burg; Clark; Davis; Derby; Duenwald; Duniphan; Flowers; Frost; Fryslie; Garnos; Gillespie; Glenski; Hanson (Gary); Heineman; Hennies (Don); Hennies (Thomas); Holbeck; Hundstad; Hunhoff; Jaspers; Jensen; Juhnke; Klaudt; Koistinen; Konold; Kooistra; 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; Van Etten; Van Gerpen; Wick; Speaker Eccarius

     Excused:
Brown (Jarvis); Valandra

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

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to providing for a study of constitutional and statutory provisions related to the legislative branch of government.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and giving second reading and final consideration to a bill pertaining to providing for a study of constitutional and statutory provisions related to the legislative branch of government.

     And the roll being called:

     Yeas 45, Nays 23, Excused 2, Absent 0

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

     Nays:
Bartling; Burg; Davis; Duenwald; Flowers; Gillespie; Glenski; Hanson (Gary); Hargens; Hennies (Thomas); Hundstad; Kloucek; Kooistra; Monroe; Nachtigal; Napoli; Nesselhuf; Olson (Mel); Pederson (Gordon); Peterson (Jim); Sigdestad; Van Etten; Van Norman

     Excused:
Brown (Jarvis); Valandra

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

     There being no objection, the House reverted to Order of Business No. 7.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SCR 15 which has been adopted by the Senate and your favorable concurrence is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     SCR 15:   A CONCURRENT RESOLUTION,   Honoring Governor William J. Janklow for his service to the State of South Dakota.

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

     Rep. Bill Peterson moved that SCR 15 as found on page 740 of the Senate Journal be concurred in.

     The question being on Rep. Bill Peterson's motion that SCR 15 be concurred in.

     And the roll being called:

     Yeas 57, Nays 4, Excused 6, Absent 3

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

     Nays:
Abdallah; Glenski; Lange; Sebert

     Excused:
Bradford; Brown (Jarvis); Flowers; Kloucek; Nesselhuf; Valandra

     Absent:
Nachtigal; Napoli; Olson (Mel)

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 15 was concurred in.

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

REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Seventy-seventh Legislative Session.

Respectfully submitted,    Respectfully submitted,
Scott Eccarius    Barbara Everist
William Napoli    Arnold Brown
Quinten Burg    Jim Hutmacher
House Committee    Senate Committee

     Rep. Napoli moved that the report of the Joint-Select Committee relative to informing the Governor that the Legislature has completed its labors and is ready to ascertain if he has any further communications to make to the Legislature be adopted.

     Which motion prevailed and the Joint-Select Committee Report was adopted.


Also MR. SPEAKER:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Seventy-seventh Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 3:23 p.m., March 12, 2002.

Respectfully submitted,                Respectfully submitted,
Scott Eccarius                        Barbara Everist
Bill Peterson                            Arnold Brown
Mel Olson                            Jim Hutmacher
House Committee                        Senate Committee

      Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to fixing the time of adjournment sine die be adopted.

     Which motion prevailed and the Joint-Select Committee Report was adopted.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of waiting upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any communication to make to the Legislature.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing the time of adjournment sine die for the Seventy- seventh Legislative Session.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


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 1240, 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 1:57 p.m., March 12, 2002.

Respectfully submitted,
Scott Eccarius, Chair
     The following closing prayer was offered by Rep. Van Gerpen on behalf of Pastor Roger Easland.

    As this session and this day closes, we are thankful that You have fulfilled Your promise to be present with us in all we do, all we think, and all we are. We promise to continue to search Your mind to discern the right, reject the wrong, to help the helpless, to hold out justice through the rule of law to all and to work toward peace and fulfillment of individual potential for the good of all. We pray in the name of the Prince of Peace, Jesus Christ. Amen.

     Rep. Gordon Pederson moved that the House do now adjourn sine die, which motion prevailed and at 3:23 p.m. the House adjourned.

Karen Gerdes, Chief Clerk