JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 18, 2003

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

     The prayer was offered by the Chaplain, Pastor Dallas McKinley, followed by the Pledge of Allegiance led by House pages Elizabeth Hedman and Whitney Lucas.

     Roll Call: All members present except Reps. Elliott, Kroger, and Lintz who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-third 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Members of the Cheyenne River Sioux Tribal Council: Harold Frazier, Chairman; Raymond Uses The Knife Jr., Vice Chairman; and council members Mike Rousseau, Zachary Ducheneaux, and Kevin Keckler.

COMMUNICATIONS AND PETITIONS


February 18, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1048 and 1061, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 127, 145, and 199 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bill Van Gerpen, Vice Chair

 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1221 and returns the same with the recommendation that said bill be amended as follows:

1221fa
     On page 1, line 5 of the printed bill, delete " refurbishing " and insert " renovation ".
     On page 1 , line 7, delete " refurbishing " and insert " renovation ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1154 and 1245 and tabled the same.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1124 and 1203 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Hal Wick, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1276 and tabled the same.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1172 and SB 10 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1197 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Casey Murschel, Vice Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill be amended as follows:

1228ca
     On page 4, after line 5 of the printed bill, insert " For the 2003-2004 school year only, the reporting period is the period of time between the first day of the school year and May 31, 2004. ".

     And that as so amended said bill do not pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1267, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1267fb
     On page 8, between lines 2 and 3 of the printed bill, insert:

"      Section 18. The first distribution of money pursuant to this Act shall begin in October, 2004. The secretary shall distribute the money in a manner that each school district shall receive at least eighty percent of the revenue that such school district would have received without the implementation the provisions of sections 1 to 5, inclusive, and sections 7 to 17, inclusive, of this Act. The remaining twenty percent of the money shall be distributed pursuant to sections 1 to 3, inclusive of this Act.

     The second distribution of money pursuant to this Act shall begin in October, 2005. The secretary shall distribute the money in a manner that each school district shall receive at least sixty percent of the revenue that such school district would have received without the implementation the provisions of sections 1 to 5, inclusive, and sections 7 to 17, inclusive, of

this Act. The remaining forty percent of the money shall be distributed pursuant to sections 1 to 3, inclusive, of this Act.

     The third distribution of money pursuant to this Act shall begin in October, 2006. The secretary shall distribute the money in a manner that each school district shall receive at least forty percent of the revenue that such school district would have received without the implementation the provisions of sections 1 to 5, inclusive, and sections 7 to 17, inclusive, of this Act. The remaining sixty percent of the money shall be distributed pursuant to sections 1 to 3, inclusive, of this Act.

     Each distribution thereafter shall be made pursuant to the provisions of this Act.".

     And that as so amended said bill do not pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1199 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MOTIONS AND RESOLUTIONS


     HR 1001:   A RESOLUTION,   Honoring James Abdnor, of Kennebec, South Dakota, upon the occasion of his 80th birthday.

     Rep. O'Brien moved that HR 1001 as found on pages 424 and 425 of the House Journal be adopted.

     The question being on Rep. O'Brien's motion that HR 1001 be adopted.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels


     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HR 1001 was adopted.

     HCR 1009:   A CONCURRENT RESOLUTION,   Requesting that a bipartisan delegation of South Dakota state legislators travel to Washington, D.C., to meet with congressional leaders, administration, and Department of Agriculture officials to express the need for disaster assistance targeted to those in most serious need.

     Rep. Rhoden moved that HCR 1009 as found on pages 423 and 424 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that HCR 1009 be adopted.

     And the roll being called:

     Yeas 64, Nays 1, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Juhnke

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1009 was adopted.

     Rep. Gordon Pederson moved that the House do concur in Senate amendments to HB 1081.

     The question being on Rep. Gordon Pederson's motion that the House do concur in Senate amendments to HB 1081.

     And the roll being called:


     Yeas 47, Nays 17, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Christensen; Cradduck; Cutler; Davis; Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Hennies; Hunhoff; Juhnke; Klaudt; Kraus; Lange; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Jim); Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Weems; Wick; Speaker Michels

     Nays:
Buckingham; Burg; Deadrick (Thomas); Engels; Heineman; Hundstad; Koistinen; Konold; LaRue; Madsen; McCaulley; Novstrup; Olson (Mel); Peterson (Bill); Rave; Van Norman; Williamson

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt; Van Gerpen

     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. Gordon Pederson moved that the House do concur in Senate amendments to HB 1065.

     The question being on Rep. Gordon Pederson's motion that the House do concur in Senate amendments to HB 1065.

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt; Van Gerpen

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

     HCR 1010   Introduced by:  Representatives Begalka, Bartling, Bradford, Burg, Elliott, Engels, Fryslie, Gassman, Gillespie, Glenski, Hanson, Hargens, Hundstad, Klaudt, Kroger, Lange, Lintz, Miles, Nesselhuf, Peterson (Jim), Putnam, Rhoden, Sigdestad, and Van Norman and Senators Kooistra, de Hueck, Dennert, Duxbury, Ham, Kleven, Kloucek, Koetzle, Moore, Nachtigal, Reedy, Sutton (Dan), and Symens

         A CONCURRENT RESOLUTION,  Proclaiming South Dakota as the Family Farm and Ranch State.

     WHEREAS,  family farming and ranching have been the economic and social backbone of South Dakota since this state was homesteaded; and

     WHEREAS,  family farming and ranching is a strong and viable economic force where the family unit controls and provides the majority of capital, labor, and management for the farm or ranch operation; and

     WHEREAS,  numerous studies have shown that a vast majority of consumers have a strong regard for family-scale agriculture and the food that it produces; and

     WHEREAS,  studies have conclusively shown that states with strong anti-corporate agriculture laws have fewer families in poverty, lower unemployment rates, stronger cash returns to the farm, and greater rural community well-being; and

     WHEREAS,  the residents of South Dakota have placed a strong value on prosperous rural communities, clean air and water, and viable family farms and ranches:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- eighth Legislature of the State of South Dakota, the Senate concurring therein, that the State of South Dakota is hereby proclaimed as the Family Farm and Ranch State; and

     BE IT FURTHER RESOLVED,  that for purposes of economic development, tourism, environmental protection, and agriculture and food promotion that the message "South Dakota, the Family Farm and Ranch State" be used to enhance the state's economic and social position.

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

     HCR 1011   Introduced by:  Representatives Deadrick (Thomas), Adelstein, Bartling, Begalka, Buckingham, Burg, Cradduck, Dykstra, Engels, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl, Hanson, Hargens, Haverly, Heineman, Hennies, Hundstad, Hunhoff, Juhnke, Klaudt, Konold, Kraus, Kroger, Lange, LaRue, Lintz, Madsen, McCaulley, McCoy, Michels, Miles, Murschel, Nesselhuf, Novstrup, O'Brien, Olson (Mel), Olson (Ryan), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Putnam, Rave, Rhoden, Rounds, Sebert, Sigdestad, Smidt, Solum, Teupel, Thompson, Van Etten, Van Gerpen, Weems, Wick, and Williamson and Senators Diedrich (Larry), Abdallah, Albers, Apa, Bogue, Brown, de Hueck, Dempster, Dennert, Duenwald, Duniphan, Duxbury, Earley, Greenfield, Ham, Jaspers, Kelly, Kleven, Kloucek, Koetzle, Kooistra, Koskan, LaPointe, McCracken, Moore, Nachtigal, Napoli, Olson (Ed), Reedy, Schoenbeck, Sutton (Dan), Sutton (Duane), Symens, and Vitter


         A CONCURRENT RESOLUTION,  Urging South Dakota's congressional delegation to acknowledge, support, and take actions to implement recommendations to improve boating access on South Dakota's Missouri River reservoirs.

     WHEREAS,  William J. Janklow, while Governor of the State of South Dakota, recognized that water-based recreation (fishing, sailing, skiing, pleasure boating, and waterfowl hunting) on the Missouri River reservoirs within the State of South Dakota is an important contributor to state and local economies and the quality of life of South Dakota's citizens; and

     WHEREAS,  Governor Janklow recognized that the continuing drought experienced in 2002 and forecasted drought in 2003 reminded the people of South Dakota of the importance of dependable boating access to facilitate water-based recreation and of the devastating effect that the U.S. Army Corps of Engineer's unfair and inequitable Missouri River water management policy has upon South Dakota's people and recreation economy; and

     WHEREAS,  Governor Janklow directed the South Dakota Department of Game, Fish and Parks to conduct a comprehensive study and develop a report and recommendations for improving Missouri River boating access sites so they are usable during periods of low water levels; and

     WHEREAS,  Governor Janklow appointed a group of South Dakota residents (the Lake Access Advisory Group) to review the improvement recommendations prepared by the Game, Fish and Parks Department, to seek public input from recreational users and business people along the river and to provide recommendations for funding the suggested boating access improvements that could be forwarded to South Dakota's congressional delegation and the Bush Administration; and

     WHEREAS,  the Lake Access Advisory Group worked hard and earnestly to secure a thorough understanding of the problem, inspect the boating access sites, review the Game, Fish and Parks study recommendations, and secure input from the recreating public and businesses along the river; and

     WHEREAS,  the public comment received provided a clear indication that South Dakota's recreation economy and Missouri River boating access must be protected from the effects of drought and an outdated approach by the Corps of Engineers in managing reservoir water levels; and

     WHEREAS,  on January 3, 2003, the Lake Access Advisory Group issued a letter of recommendation to Governor Janklow and Governor-Elect Rounds:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- eighth Legislature of the State of South Dakota, the Senate concurring therein, that improved boating access on South Dakota's Missouri River reservoirs is necessary to enhance the quality of life in the state and to protect an important segment of the state's economy and that Senator Daschle, Senator Johnson, and Congressman Janklow are hereby urged to acknowledge, support, and take actions to implement the Lake Access Advisory Group recommendations and urged to:
             (1)    Continue to press for meaningful reform of the Corps of Engineers Missouri River water management policy that will provide equity for all water users;

             (2)    Press for a study that will lead to practical solutions to the problem of sedimentation inflow from tributary watersheds of the Missouri River that contribute to boating access problems, low land flooding, degradation of fisheries, and damage to water intake structures;

             (3)    Seek eight million four hundred thousand dollars in emergency funding this year to make immediate improvements at primary boat ramp sites on Lake Oahe that will not be usable in 2003 if U.S. Army Corps of Engineers Missouri River water level forecasts are correct and current water management policy is adhered to; and

             (4)    Sponsor and support legislation to establish a trust fund that will make available sufficient funding for needed improvements at forty-three additional Missouri River boat ramps and marinas identified in the study report prepared by the Game, Fish and Parks Department that are negatively affected by low water and sedimentation. The trust fund should remain available in ensuing years to address access deficiencies caused by unchecked and continuing sedimentation and shoreline erosion.

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

     SCR 5:   A CONCURRENT RESOLUTION,   Establishing a legislative policy on suicide and creating a South Dakota strategy for suicide prevention.

     Was read the first time and referred to the Committee on Health and Human Services.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on HB 1226 as found on page 436 of the House Journal ; also

     Health and Human Services on HB 1234 as found on pages 436 to 438 of the House Journal ; also

     Education on HB 1251 as found on page 438 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1283   Introduced by:  The Committee on Appropriations

       FOR AN ACT ENTITLED, An Act to   appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

     Was read the first time and referred to the Committee on Appropriations.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1111:   FOR AN ACT ENTITLED, An Act to   authorize construction management services to be employed on public improvement projects.

     Was read the second time.

     The question being "Shall HB 1111 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt

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

     SB 99:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the sponsorship of projects by water development districts.

     Was read the second time.

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt

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

     SB 162:   FOR AN ACT ENTITLED, An Act to   revise the definition of E85 ethanol blend fuel.

     Was read the second time.

     The question being "Shall SB 162 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt

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

    Speaker Pro tempore Madsen now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1282:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the official records relating to a pardon.

     Was read the second time.

1282sa

     Rep. Engels moved that HB 1282 be amended as follows:

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

"      Section 2. This Act is retroactive to July 1, 1983.".


     Which motion lost.

     The question being "Shall HB 1282 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 6, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Klaudt; Koistinen; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sigdestad; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Frost; Juhnke; Konold; Sebert; Solum; Teupel

     Excused:
Elliott; Kroger; Lintz; Putnam; Smidt

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

     HB 1187:   FOR AN ACT ENTITLED, An Act to   prohibit the use or possession of scanning devices or reencoders with intent to defraud and to provide a penalty therefor.

     Was read the second time.

     The question being "Shall HB 1187 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Bradford; Elliott; Kroger; Lintz; Putnam; Valandra

     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.

     HB 1211:   FOR AN ACT ENTITLED, An Act to   allow the housing of prisoners from other jurisdictions on Indian reservations under certain circumstances.

     Was read the second time.

     Rep. Mel Olson moved that HB 1211 be placed to follow HB 1067 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1260:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the release of satisfied liens and to provide an additional remedy for the unjust failure to do so.

     Was read the second time.

1260rb

     Rep. Bartling moved that HB 1260 be amended as follows:

     On page 1, line 11 of the House Judiciary Committee engrossed bill, after " sufficient " insert " sworn ".

     On page 1 , line 13, after " a " insert " sworn ".

     Which motion prevailed and HB 1260 was so amended.

     The question being "Shall HB 1260 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein; Elliott; Kroger; Lintz; Peterson (Bill); Putnam

     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.

     HB 1192:   FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing agricultural property and to repeal the nonagricultural acreage classification.

     Was read the second time.

     Rep. Rhoden moved that HB 1192 be deferred to Friday, February 21st, the 27th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1189:   FOR AN ACT ENTITLED, An Act to   permit municipalities to impose and collect sales and use tax at municipally owned airports.

     Was read the second time.

     The question being "Shall HB 1189 pass?"

     And the roll being called:

     Yeas 54, Nays 12, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Lange; LaRue; Madsen; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Begalka; Burg; Gillespie; Hanson; Hargens; Hundstad; Koistinen; McCaulley; Nesselhuf; Olson (Mel); Peterson (Jim); Valandra

     Excused:
Elliott; Kroger; Lintz; Putnam

     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.

     HB 1215:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the records kept by taxidermists and the inspection of taxidermists.

     Was read the second time.

     The question being "Shall HB 1215 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Kroger; Lintz; Putnam


     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.

     HB 1118:   FOR AN ACT ENTITLED, An Act to   revise certain design-build provisions.

     Was read the second time.

     The question being "Shall HB 1118 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bartling; Hundstad; Olson (Mel)

     Excused:
Elliott; Kroger; Lintz; Putnam

     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.

     HB 1195:   FOR AN ACT ENTITLED, An Act to   revise the definition of door to door sales.

     Was read the second time.

     The question being "Shall HB 1195 pass as amended?"

     And the roll being called:

     Yeas 3, Nays 63, Excused 4, Absent 0

     Yeas:
Gillespie; Konold; Solum

     Nays:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Kraus; Lange; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Etten; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Kroger; Lintz; Van Gerpen

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

    Speaker Michels now presiding.

     HB 1157:   FOR AN ACT ENTITLED, An Act to   revise the application of the gross receipts tax on visitor related businesses.

     Was read the second time.

     The question being "Shall HB 1157 pass as amended?"

     And the roll being called:

     Yeas 49, Nays 16, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Buckingham; Christensen; Cradduck; Cutler; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haverly; Hennies; Hunhoff; Juhnke; Konold; Kraus; Lange; LaRue; Madsen; McCoy; McLaughlin; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Weems; Wick; Williamson

     Nays:
Begalka; Burg; Davis; Engels; Hanson; Hargens; Heineman; Hundstad; Klaudt; Koistinen; McCaulley; Miles; Murschel; Sigdestad; Van Gerpen; Speaker Michels

     Excused:
Bradford; Elliott; Kroger; Lintz; Van Norman

     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.


      HB 1232:   FOR AN ACT ENTITLED, An Act to   provide a tax exemption certificate for meeting organizers under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1232 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 17, Excused 5, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Hackl; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; LaRue; Madsen; McCaulley; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Thompson; Van Etten; Weems; Wick; Williamson; Speaker Michels

     Nays:
Burg; Engels; Gassman; Gillespie; Glenski; Hanson; Hargens; Hundstad; Lange; Miles; Nesselhuf; Olson (Mel); Peterson (Bill); Peterson (Jim); Sigdestad; Valandra; Van Gerpen

     Excused:
Bradford; Elliott; Kroger; Lintz; Van Norman

     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.

     HB 1261:   FOR AN ACT ENTITLED, An Act to   restrict public corporations from making purchases from any retailer that fails to collect and remit sales and use taxes.

     Was read the second time.

     The question being "Shall HB 1261 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 8, Excused 7, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gillespie; Hackl; Hanson; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Madsen; McCoy; McLaughlin; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Thompson; Van Etten; Weems; Wick; Williamson; Speaker Michels


     Nays:
Gassman; Glenski; Hargens; Hundstad; McCaulley; Miles; Peterson (Jim); Sigdestad

     Excused:
Bradford; Elliott; Kroger; Lintz; Valandra; Van Gerpen; Van Norman

     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.

     HB 1067:   FOR AN ACT ENTITLED, An Act to   exempt golf courses from certain liquor license quota restrictions.

     Was read the second time.

     The question being "Shall HB 1067 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 28, Excused 6, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Cradduck; Cutler; Deadrick (Thomas); Dykstra; Engels; Garnos; Haverly; Heineman; Hennies; Juhnke; Konold; Kraus; LaRue; Madsen; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rhoden; Rounds; Schafer; Sebert; Solum; Teupel; Thompson; Weems; Wick; Williamson

     Nays:
Burg; Christensen; Davis; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Hundstad; Hunhoff; Klaudt; Koistinen; Lange; McCaulley; McCoy; Miles; Nesselhuf; Olson (Mel); Peterson (Jim); Rave; Sigdestad; Smidt; Van Etten; Van Gerpen; Speaker Michels

     Excused:
Bradford; Elliott; Kroger; Lintz; Valandra; Van Norman

     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 HB 1211, 1120, 1190, 1202, 1247, 1280, 1176, and 1243 be deferred to Wednesday, February 19th, the 25th legislative day.

     Which motion prevailed and the bills were so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 23, 29, 80, 81, and 85 be deferred to Wednesday, February 19th, the 25th legislative day.

     Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1011, 1030, 1046, 1057, 1076, 1082, 1097, 1100, 1102, and 1105 were delivered to his Excellency, the Governor, for his approval at 3:55 p.m., February 18, 2003.

Respectfully submitted,
Matthew Michels, Chair

COMMEMORATIONS


     HC 1006   Introduced by:  The Members of the Seventy-eighth Legislative Session

         A LEGISLATIVE COMMEMORATION,  Commending Marletta Eich, other teachers, and their students.

     WHEREAS,  Marletta Eich, ten years ago, started teaching a Smoke-Free Class of 2000 to her fifth grade class. She asked her students to research the effects of smoking and the students found that smoking is harmful. The students then proceeded to write essays on the effects of smoking; and

     WHEREAS,  the school principal encouraged the students to send their essays on smoking to state legislators. The Legislature was considering legislation to prohibit smoking in the capitol, so the students wrote letters to the legislators explaining why they should not smoke. The students were amazed and pleased with the power of their words as smoking was eventually prohibited in the capitol; and

     WHEREAS,  Marletta Eich started the "Adopt A Legislator" project after learning of the Legislative Research Council's web site. She also initiated Web Course Tools (WebCT) and Dakota Digital Network (DDN) projects and received a favorable response from legislators. A grant was applied for and received from the Department of Education and Cultural Affairs to continue the project and expand it to other classrooms:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-eighth Legislature of the State of South Dakota, that Marletta Eich, other teachers, and their students be recognized for their commitment to excellence in making the legislative process real and applicable for the 2002-2003 school year.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 4:15 p.m. the House adjourned.

Karen Gerdes, Chief Clerk