JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 29, 2003

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

     The prayer was offered by the Chaplain, Vicar David Brinkmeyer, followed by the Pledge of Allegiance led by House page Annicka (Nicky) Gunderson.

     Roll Call: All members present.

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 tenth 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.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill be amended as follows:

1057ra
     On page 3, line 9 of the printed bill, after " request " insert " or motion and order of the court ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill be amended as follows:

22ra
     On page 1 of the printed bill, delete lines 5 to 7 , inclusive, and insert:

"    25-5A-14. The personal presence of one parent at the hearing is required for jurisdictional purposes. However, any for good cause shown, the court may permit the parent to appear ".


     On page 1 , line 8, delete " be conducted " .

22rta
     On page 1, line 1 of the printed bill, delete " authorize a parent to appear " and insert "revise certain provisions relating to the appearance by a parent".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1059 and 1066 and tabled the same.

Respectfully submitted,
Matt McCaulley, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 30 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 31 and returns the same with the recommendation that said bill be amended as follows:

31oa
     On page 1, line 9 of the printed bill, delete " The " and insert "To the maximum extent permitted by the South Dakota Constitution, the".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 32 and returns the same with the recommendation that said bill be amended as follows:

32oa
     On page 1, line 15 of the printed bill, after " law. " insert " However, any funds in an account that have been contributed within one year prior to the account owner or contributor filing a petition under any chapter of Title 11 of the United States Bankruptcy Code are not exempt by the provisions of this section. ".

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

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1002 and tabled the same.

Respectfully submitted,
Bill Peterson, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1092 and tabled the same.

Respectfully submitted,
Gordon R. Pederson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HCR 1001 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1007 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 19, 66, 67, 68, and 70 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1002:   A CONCURRENT RESOLUTION,   Urging the United States Congress to appropriate funds to conduct a demonstration project to address sedimentation problems in Lewis and Clark Lake.

     Rep. Van Gerpen moved that HCR 1002 as found on pages 178 and 179 of the House Journal be adopted.

     The question being on Rep. Van Gerpen's motion that HCR 1002 be adopted.

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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:
Garnos; Peterson (Bill); Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

     HCR 1003   Introduced by:  Representatives Juhnke, Bartling, Deadrick (Thomas), and Garnos and Senators Duenwald and Koskan

         A CONCURRENT RESOLUTION,  Requesting the Game, Fish and Parks Commission to make certain adjustments to the Youth Pheasant Season and the Early Resident-Only Pheasant Season.

     WHEREAS,  South Dakota's Youth Pheasant Season has been a popular program that allows young hunters aged twelve to fifteen to hunt pheasants during the weekend before the regular pheasant season opens if they are accompanied by an unarmed adult; and

     WHEREAS,  in 2002, South Dakota instituted an Early Resident-Only Pheasant season to allow resident hunters the opportunity to hunt pheasants on public land during the weekend before the regular pheasant season opens; and

     WHEREAS,  the Youth and Early Resident-Only hunts have been very successful in providing quality hunting opportunities for South Dakota residents before the start of the regular season without competition and congestion from out-of-state hunters; and

     WHEREAS,  these hunting opportunities have been helpful and should continue, but some difficulties have been encountered because both the Youth and Early Resident-Only hunts fall on the same dates. These include such occasional problems as distinguishing between adults

accompanying youth hunters and adults hunting on their own, competition for youth hunters from adults on public land, and confusion over hunting hours, with the youth season opening at sunrise and the resident-only season beginning at noon; and

     WHEREAS,  these problems could be minimized and the quality of the Youth Pheasant Season and the Early Resident-Only Pheasant Season could be improved if the two seasons were held on different dates and if shooting hours were standardized to follow the traditional noon starting time:

     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 Legislature recommends and requests that the Game, Fish and Parks Commission schedule the Youth Pheasant Season on the Saturday and Sunday before the opening of the regular pheasant season and the Early Resident-Only Pheasant Season on the Monday and Tuesday before the opening of the regular pheasant season, with the shooting hours for both seasons to begin at noon.

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

     HCR 1004   Introduced by:  Representatives Williamson, Adelstein, Bartling, Begalka, Bradford, Buckingham, Burg, Christensen, Cradduck, Cutler, Davis, Deadrick (Thomas), Dykstra, Elliott, Engels, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl, Hanson, Hargens, Haverly, Heineman, Hennies, Hundstad, Hunhoff, Juhnke, Klaudt, Koistinen, Konold, Kraus, Kroger, Lange, LaRue, Lintz, Madsen, McCaulley, McCoy, McLaughlin, Michels, Miles, Murschel, Nesselhuf, Novstrup, O'Brien, Olson (Mel), Olson (Ryan), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Putnam, Rave, Rhoden, Rounds, Schafer, Sebert, Sigdestad, Smidt, Solum, Teupel, Thompson, Valandra, Van Etten, Van Gerpen, Van Norman, Weems, and Wick and Senators McCracken, Abdallah, Albers, Apa, Bogue, Brown, de Hueck, Dempster, Dennert, Diedrich (Larry), Duenwald, Duniphan, Duxbury, Earley, Greenfield, Ham, Jaspers, Kelly, Kleven, Kloucek, Knudson, Koetzle, Kooistra, Koskan, LaPointe, Moore, Nachtigal, Napoli, Olson (Ed), Reedy, Schoenbeck, Sutton (Dan), Sutton (Duane), Symens, and Vitter

         A CONCURRENT RESOLUTION,  Recognizing and honoring the service and achievements of the South Dakota National Guard.

     WHEREAS,  the South Dakota National Guard has spanned the history of this state, with combat service in the Philippine Insurrection in 1899 as the 1st South Dakota Infantry Regiment, on the Mexican border in 1916-1917, in France during World War I, in Europe and the Pacific during World War II; and

     WHEREAS,  in recent years the South Dakota National Guard has participated in combat operations or served in hostile fire zones in Panama in 1989, in the Persian Gulf War in 1991, and in the Balkans and the Middle East participating in peacekeeping operations and patrolling the No-Fly Zone in Iraq, with duty in Kosovo, Bosnia, and Saudi Arabia over the last decade; and
     WHEREAS,  major units of the South Dakota National Guard were activated federally for service outside the combat zone during the Korean War and for extended service during the 1961 Berlin Crisis. South Dakota Guard Members were also called upon to provide domestic security measures after the September 11, 2001, attacks on the United States; and

     WHEREAS,  the citizen-soldiers of the South Dakota National Guard have responded on countless occasions to natural disasters and other emergencies at home as the need arose, including major relief efforts during the disastrous Rapid City Flood of 1972; and

     WHEREAS,  the South Dakota Army and Air National Guard include both combat and support units in such diverse areas as field artillery, combat engineers, construction engineers, medical units, a tactical fighter wing, and numerous transportation and administrative units; and

     WHEREAS,  the South Dakota National Guard is continuously upgrading its training and combat capabilities, while maintaining the ability to respond to local emergencies with its traditional high standards of skill, readiness, and dedication; and

     WHEREAS,  South Dakota National Guard units have participated in numerous domestic and overseas training exercises around the world, serving side-by-side with regular units of the Armed Forces of the United States; and

     WHEREAS,  the men and women of the South Dakota National Guard are again being called upon in uncertain times to leave their homes and their families in the service of this nation:

     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 long and distinguished history of the South Dakota National Guard be recognized, and that the men and women of the South Dakota National Guard be honored and commended for their achievements and their devotion to duty in peace and in war; and

     BE IT FURTHER RESOLVED,  that the members of the South Dakota Legislature wish the men and women of the South Dakota National Guard Godspeed and a safe return home.

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the reports of the Standing Committees on

     Commerce on HB 1047 as found on pages 176 and 177 of the House Journal ; also

     Education on HB 1068 as found on page 177 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1128   Introduced by:  Representatives Solum and Smidt and Senators Sutton (Dan) and Abdallah

       FOR AN ACT ENTITLED, An Act to   revise the requirements for notice of nonrenewal for surety insurance.

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

     HB 1129   Introduced by:  Representatives Smidt, Adelstein, Heineman, Konold, McCaulley, and Solum and Senators Jaspers and Brown

       FOR AN ACT ENTITLED, An Act to   create county superintendents of schools.

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

     HB 1130   Introduced by:  Representatives Olson (Mel), Burg, Peterson (Bill), and Rhoden and Senators Bogue, McCracken, Moore, and Symens

       FOR AN ACT ENTITLED, An Act to   allow school districts to operate less than a thirteen- year school program.

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

     HB 1131   Introduced by:  Representatives Wick, Adelstein, and Madsen and Senators Knudson and Earley

       FOR AN ACT ENTITLED, An Act to   establish or increase certain penalties related to election and voting offenses.

     Was read the first time and referred to the Committee on Local Government.

     HB 1132   Introduced by:  Representatives Wick, Begalka, Klaudt, Koistinen, McCoy, Rhoden, and Van Gerpen and Senators Duenwald, Kleven, Knudson, and Koskan

       FOR AN ACT ENTITLED, An Act to   increase funding for education, to reduce state government reliance on lottery proceeds, and to revise the distribution of lottery proceeds.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1133   Introduced by:  Representatives Murschel, Hennies, and Kroger and Senators Vitter, Ham, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   make certain municipal ordinance adoption procedures consistent.

     Was read the first time and referred to the Committee on Local Government.

     HB 1134   Introduced by:  Representatives McCaulley, Deadrick (Thomas), Frost, Fryslie, Garnos, Juhnke, Murschel, and Van Gerpen and Senators Bogue and Dempster

       FOR AN ACT ENTITLED, An Act to   clarify the subpoena powers of the Legislature and legislative committees.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1135   Introduced by:  Representatives McCaulley and Williamson and Senator Abdallah

       FOR AN ACT ENTITLED, An Act to   establish the jump start South Dakota subfund and to provide for its funding and disbursement.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1136   Introduced by:  Representatives Sebert, Dykstra, Fryslie, Hennies, Kroger, Lange, Madsen, Murschel, Olson (Ryan), Peterson (Bill), Peterson (Jim), Putnam, Rhoden, Teupel, and Valandra and Senators Diedrich (Larry), Abdallah, Albers, de Hueck, Koetzle, McCracken, Moore, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the requirements for a damage disclosure statement for motor vehicles.

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

     HB 1137   Introduced by:  Representatives Peterson (Bill), Cutler, Gillespie, Madsen, McCaulley, Nesselhuf, Olson (Mel), and Peterson (Jim) and Senators Moore, de Hueck, Kloucek, Nachtigal, Olson (Ed), and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   provide for a civil action and civil penalty for certain open meeting law violations and to repeal certain criminal penalties regarding open meeting law violations.

     Was read the first time and referred to the Committee on Local Government.

     HB 1138   Introduced by:  Representatives Lange, Bradford, Gassman, Hundstad, Kroger, McCoy, Miles, Sigdestad, and Valandra and Senators Kooistra, Dennert, and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the bank franchise tax.

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

     HB 1139   Introduced by:  Representatives Hunhoff, Bartling, Bradford, Cradduck, Frost, Gassman, Glenski, Kraus, LaRue, Novstrup, O'Brien, Peterson (Bill), Van Etten, Weems, and Williamson and Senators Knudson, Brown, McCracken, and Symens

       FOR AN ACT ENTITLED, An Act to   allow local units of government to regulate the sales, distribution, and use of tobacco products.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1140   Introduced by:  Representatives Juhnke and Garnos and Senators Koskan and Duenwald

       FOR AN ACT ENTITLED, An Act to   provide for reduced hunting license fees for hunters who choose not to hunt in public rights-of-way and to dedicate certain hunting license revenues for public access and game production purposes.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1141   Introduced by:  Representative Michels

       FOR AN ACT ENTITLED, An Act to   revise the definition of a polygraph.

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

     HB 1142   Introduced by:  Representatives Madsen, Gillespie, Rhoden, and Teupel and Senators Duenwald, Apa, Ham, and Symens

       FOR AN ACT ENTITLED, An Act to   increase the penalty for transacting business as a livestock dealer, packer, or packer buyer without a license.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1143   Introduced by:  Representative Madsen

       FOR AN ACT ENTITLED, An Act to   revise the amount at which a child's medical costs trigger apportionment between the parents in proportion to their support obligation.

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

     HB 1144   Introduced by:  Representatives LaRue, Haverly, Hennies, Madsen, McCaulley, Rave, Rhoden, and Weems and Senators Olson (Ed), Abdallah, Duniphan, and Kleven

       FOR AN ACT ENTITLED, An Act to   broaden the application of drug free zones to include additional offenses and to provide for penalty enhancements.

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

     HB 1145   Introduced by:  Representatives Deadrick (Thomas), Bartling, Engels, Hanson, Heineman, Konold, Madsen, McCoy, O'Brien, Olson (Mel), Peterson (Bill), Peterson (Jim), Putnam, Rhoden, Rounds, Teupel, Van Gerpen, and Weems and Senators LaPointe, Bogue, Dempster, and Nachtigal

       FOR AN ACT ENTITLED, An Act to   establish a Native American student cultural exchange program.

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

     HB 1146   Introduced by:  Representatives Cutler, Gillespie, Hennies, Olson (Mel), Peterson (Bill), Schafer, and Sebert and Senators Diedrich (Larry), Duniphan, Moore, Olson (Ed), and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   limit a perpetrator's right to recover for injuries received in the course of committing a crime and to revise the definition of crime.

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

     HB 1147   Introduced by:  Representatives Van Etten, Adelstein, Christensen, Cradduck, Frost, Glenski, Hunhoff, Kraus, Lange, LaRue, McCoy, Miles, Peterson (Bill), Rave, Rounds, and Weems and Senators Sutton (Duane), Dempster, Knudson, and McCracken

       FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1148   Introduced by:  Representatives O'Brien and Smidt and Senators Brown and Diedrich (Larry)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to special education funding.

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

     HB 1149   Introduced by:  Representatives Rave, Christensen, Lintz, Madsen, McCaulley, Miles, and Rounds and Senators Brown, Kelly, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   provide for quality assurance programs for certain ambulance services.

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

     HB 1150   Introduced by:  Representatives O'Brien and Deadrick (Thomas) and Senators Diedrich (Larry), Brown, Knudson, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   provide for the amendment and cancellation of certain limited liability partnerships.

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

     HB 1151   Introduced by:  Representative McCaulley and Senator Knudson

       FOR AN ACT ENTITLED, An Act to   provide for a portion of video lottery revenues to be placed in a trust fund.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1152   Introduced by:  Representatives McCaulley, Christensen, Cutler, Koistinen, and Rave and Senator Knudson

       FOR AN ACT ENTITLED, An Act to   eliminate the confidentiality provisions concerning certain video lottery information and require certain reports.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1153   Introduced by:  Representatives Rhoden, Begalka, Buckingham, Fryslie, Garnos, Hennies, Klaudt, LaRue, and Novstrup and Senators Kleven, Abdallah, Jaspers, Knudson, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to the possession of marijuana.

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

     HB 1154   Introduced by:  Representatives Bartling, Fryslie, Hundstad, Madsen, and Van Gerpen and Senators Duenwald, Apa, de Hueck, Dempster, Jaspers, and Kooistra

       FOR AN ACT ENTITLED, An Act to   impose a gross receipts tax on wireless, cellular, and personal communications system telephone companies in lieu of property tax.

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

     HB 1155   Introduced by:  Representative Bartling and Senators Koskan and Napoli

       FOR AN ACT ENTITLED, An Act to   permit a county to file a lien against the property of the parents for payment of temporary care, temporary custody, shelter, or detention provided to a child.

     Was read the first time and referred to the Committee on Local Government.

     HB 1156   Introduced by:  Representatives Bartling, Hundstad, and Hunhoff

       FOR AN ACT ENTITLED, An Act to   provide a uniform method for establishing a fee to obtain copies of marriage records.

     Was read the first time and referred to the Committee on Local Government.

     HB 1157   Introduced by:  Representatives Teupel, Adelstein, Hennies, Konold, Madsen, McCoy, Pederson (Gordon), Solum, and Van Etten and Senators Olson (Ed), Duniphan, Ham, McCracken, Schoenbeck, and Vitter

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

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

     HB 1158   Introduced by:  Representatives Teupel, Madsen, Novstrup, and Sebert and Senators Duenwald, Apa, and Bogue

       FOR AN ACT ENTITLED, An Act to   provide that certain persons be given a preference for certain big game licenses.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 19:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the funding pool established by the Department of Social Services.

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

     SB 66:   FOR AN ACT ENTITLED, An Act to   establish a homeless veterans initiative program within the Department of Military and Veterans Affairs.

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

     SB 67:   FOR AN ACT ENTITLED, An Act to   modify the conditions under which contracts with local officers are permitted.

     Was read the first time and referred to the Committee on Local Government.

     SB 68:   FOR AN ACT ENTITLED, An Act to   exempt certain utility trunkline contracts from competitive bid requirements.

     Was read the first time and referred to the Committee on Local Government.

     SB 70:   FOR AN ACT ENTITLED, An Act to   codify legislation enacted in 2002.

     Was read the first time and referred to the Committee on State Affairs.

     There being no objection, the House reverted to Order of Business No. 11.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1072:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the operation of vehicles upon the approach of authorized emergency vehicles.

     Was read the second time.

     The question being "Shall HB 1072 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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:
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.

     SB 28:   FOR AN ACT ENTITLED, An Act to   prevent certain provisions relating to the issuance, licensure, distribution, and revenue dedication requirements regarding early fall Canada goose temporary nonresident licenses and fall three-day temporary nonresident waterfowl licenses from reverting on June 30, 2003.

     Was read the second time.

     The question being "Shall SB 28 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; 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:
Nesselhuf; 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.

     SB 4:   FOR AN ACT ENTITLED, An Act to   define operating agreements for the purposes of regulating and licensing alcoholic beverages.

     Was read the second time.

     The question being "Shall SB 4 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; 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:
Nesselhuf; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1058:   FOR AN ACT ENTITLED, An Act to   prohibit discrimination against certain health care providers by health insurers.

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

     Rep. McCaulley moved that HB 1058 be deferred to Thursday, January 30th, the 12th legislative day.

     Which motion prevailed and the bill was so deferred.


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1072:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the operation of vehicles upon the approach of authorized emergency vehicles.

     Was read the second time.

     The question being "Shall HB 1072 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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:
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.

     SB 28:   FOR AN ACT ENTITLED, An Act to   prevent certain provisions relating to the issuance, licensure, distribution, and revenue dedication requirements regarding early fall Canada goose temporary nonresident licenses and fall three-day temporary nonresident waterfowl licenses from reverting on June 30, 2003.

     Was read the second time.

     The question being "Shall SB 28 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; 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:
Nesselhuf; 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.

     SB 4:   FOR AN ACT ENTITLED, An Act to   define operating agreements for the purposes of regulating and licensing alcoholic beverages.

     Was read the second time.

     The question being "Shall SB 4 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; 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:
Nesselhuf; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1058:   FOR AN ACT ENTITLED, An Act to   prohibit discrimination against certain health care providers by health insurers.

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

     Rep. McCaulley moved that HB 1058 be deferred to Thursday, January 30th, the 12th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1028:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to accept the donation of a swine nursery building for the use and benefit of South Dakota State University, to provide for its installation, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1028 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     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 1029:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct multi-use storage facilities at South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1029 pass as amended?"

     And the roll being called:


     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     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 1030:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to purchase improved real property adjacent to the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1030 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Williamson; Speaker Michels

     Excused:
Weems

     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 1065:   FOR AN ACT ENTITLED, An Act to   revise the formula for determining the weighted average tax levy for receiving school districts and to remove an incorrect reference to the maximum general fund levy.


     Was read the second time.

     The question being "Shall HB 1065 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; 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; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


    The Speaker publicly read the title to

     HB 1007: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to municipal initiatives and referendums.

     SB 42: FOR AN ACT ENTITLED, An Act to  update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     And signed the same in the presence of the House.


      Rep. Solum moved that the House do now adjourn, which motion prevailed and at 2:41 p.m. the House adjourned.

Karen Gerdes, Chief Clerk