JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



THIRTY-FIFTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 4, 2003

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by House page Angi Nelson.

     Roll Call: All members present except Rep. Elliott who was excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

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

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     Speaker Michels introduced Jeremiah Assman, Tyler Beauchamp, Scott Eddie, Brady Faubion, Chris Faubion, Gary Fisher, Ike Laber, Luke Laber, Jason Lanning, John Little, Mike Neyens, Sam Voegeli, Matt Weidner, A.J. Wiley, and Logan Wiley of Boy Scout Troop 100 in Winner, South Dakota, for earning the rank of Eagle Scout.

     Rep. Van Etten introduced Colonel Dave , Vice Wing Commander, and Captain Steve Beasley, Wing Executive Officer, Ellsworth Air Force Base.

COMMUNICATIONS AND PETITIONS


March 3, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1015, 1020, 1098, 1121, and 1156, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 4, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1080, 1180, and 1231, 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 Commerce respectfully reports that it has had under consideration SB  149, 167, 168, and 171 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 109 which was deferred to the 41st Legislative Day.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill be amended as follows:

174jh
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. There shall be established a comprehensive health association to provide health insurance coverage to eligible persons."


     And that as so amended said bill do pass.

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas Hennies, Chair

 Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

35fo
     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"

     Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     There are hereby exempted from the provisions of this chapter and the tax imposed by it, gross receipts received by a retailer from a manufacturer, wholesaler, or distributor pursuant to a written contract between the retailer and manufacturer, wholesaler, or distributor that requires the retailer to display the manufacturer, wholesaler, or distributor's product or signage in a specified manner or location. Any discount or deferred payment received by a retailer from a distributor, wholesaler, or manufacturer for purchasing a product for sale at retail does not constitute gross receipts subject to the tax imposed by this chapter."

     And that as so amended said bill do pass.

Respectfully submitted,
Hal Wick, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB 170 and returns the same with the recommendation that said bill be amended as follows:

170fa
     On page 2, line 20 of the printed bill, delete " $3,976 " and insert " $3,967.88 ".

     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 23 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 23 be amended as follows:
     On page 1, line 10 of the House engrossed bill, delete " fifth " and insert " second ".


Respectfully submitted,                    Respectfully submitted,
Larry Rhoden                            Larry Diedrich                
House Committee Chair                    Senate Committee Chair

Also MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 145 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 145 be amended as follows:
    
     On page 2, line 1 of the House engrossed bill, after " Hyde, " insert " Potter, ".
    
     On page 2 , after line 3, insert:

     "      Section 2. That § 46A-1-13.10 be amended to read as follows:
    
          46A-1-13.10.   Pursuant to § §   46A-1-11 to 46A-1-13, inclusive, construction of the South Dakota project features of a two hundred seventy-two million eight hundred thousand dollar Lewis and Clark Rural Water System as generally described in the report "Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota" dated September 1993, is hereby authorized for the purposes of providing safe and adequate municipal, rural and industrial water supplies as well as mitigation of wetlands and water conservation in the counties of Union, Clay, Lincoln, Turner, Minnehaha, McCook, and Lake.
    
     There is hereby authorized from the South Dakota water and environment fund established pursuant to §   46A-1-60, a grant in the amount of eighteen million five hundred eighty-five thousand five hundred forty dollars ($18,585,540), or so much thereof as may be necessary, to provide the State of South Dakota's portion of the nonfederal matching requirement for the Lewis and Clark Rural Water System. No disbursements may be made under the grant authorized by this section unless funds are appropriated by the Legislature in conformance with §   46A-1-61. Grant terms and conditions shall be set by the Board of Water and Natural Resources.

     The grant authorized by this section may be increased or decreased by such amounts as may be justified by reason of ordinary fluctuations in development costs incurred after September 1993, as indicated by engineering costs indices applicable for the type of construction involved.

     For purposes of section 1.103-1 of the federal income tax regulations, Lewis and Clark Rural Water System, Inc. is hereby recognized as a corporation authorized to act on behalf of its members, including its South Dakota member governmental units, to provide drinking water to their communities, and to issue debt obligations in its own name on behalf of some or all of its members. However, no South Dakota member governmental unit is liable for the payment of principal of or interest on such obligations. ".
     On page 1 , line 2, after " boundaries " insert "and to provide legal recognition of the Lewis and Clark Rural Water System for certain purposes".

Respectfully submitted,                     Respectfully submitted,
Al Novstrup                                Duane Sutton                
House Committee Chair                    Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1163, 1190, 1192, and 1211 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1079 was lost on second reading and final passage.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has approved HB 1081 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.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 5 which has passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 41 and 206.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1016:   A CONCURRENT RESOLUTION,   Requesting that the South Dakota Legislature explore ways by which the State of South Dakota can support and enable new business ventures through formation of venture capital and risk financing in an effort to create better paying jobs and additional tax revenues for our state.

     Rep. Adelstein moved that HCR 1016 as found on page 658 of the House Journal be adopted.

     Rep. Putnam moved as a substitute motion that HCR 1016 be laid on the table.

     The question being on Rep. Putnam's substitute motion that HCR 1016 be laid on the table.

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Gassman; Gillespie; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Murschel; 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; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Bradford; Engels; Glenski; Hundstad; Kroger; Lange; Miles; Sigdestad; Van Norman

     Excused:
Elliott; Garnos; Nesselhuf

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1016 was tabled.

     Rep. Bill Peterson moved that the House do concur in Senate amendments to HB 1026.

     The question being on Rep. Bill Peterson's motion that the House do concur in Senate amendments to HB 1026.

     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; 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); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Nesselhuf

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

     HCR 1017:   A CONCURRENT RESOLUTION,   Requesting the Governor, Legislature, and South Dakota Congressional Delegation to support the Healthy Forests Initiative and its individual programs.

     Rep. Teupel moved that HCR 1017 as found on page 695 of the House Journal be adopted.

     The question being on Rep. Teupel's motion that HCR 1017 be adopted.

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, 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; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Valandra; Van Norman

     Excused:
Elliott; Nesselhuf

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1017 was adopted.


      HR 1002:   A RESOLUTION,   Honoring President Bush, the President's Cabinet, the United States Congress, the United States Armed Forces, and South Dakotans for their courage and commitment to disarming Iraq.

     Rep. McCaulley moved that HR 1002 as found on page 696 of the House Journal be adopted.

     The question being on Rep. McCaulley's motion that HR 1002 be adopted.

     And the roll being called:

     Yeas 63, Nays 3, Excused 4, 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; Kroger; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Lange; Thompson; Van Norman

     Excused:
Bradford; Elliott; Nesselhuf; Valandra

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

     SCR 8:   A CONCURRENT RESOLUTION,   Asking the United States Congress to assist in finding solutions to chronic sedimentation-related problems in the Missouri River.

     Rep. Rounds moved that SCR 8 as found on page 625 of the Senate Journal be concurred in.

     The question being on Rep. Rounds' motion that SCR 8 be concurred in.

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, 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; 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; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Van Norman

     Excused:
Bradford; Elliott; Teupel

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

     HCR 1018   Introduced by:  Representatives Lange, Bartling, Bradford, Burg, Engels, Gassman, Glenski, Hanson, Hundstad, Kroger, Nesselhuf, Olson (Mel), Sigdestad, Thompson, and Van Norman and Senators Nachtigal, Duxbury, Kloucek, Koetzle, and Reedy

         A CONCURRENT RESOLUTION,  Urging the United States government to continue to pursue a policy of containment against Iraq.

     WHEREAS,  the present government in Iraq poses a grave threat to world peace; and

     WHEREAS,  the United Nations, with the help of the United States, is effectively containing this threat; and

     WHEREAS,  historically, a much greater threat from the Soviet Union was contained for forty-five years; and

     WHEREAS,  a pre-emptive strike would violate international law and inflame the anger of Arabs; and

     WHEREAS,  our Judeo-Christian heritage defends all human life as sacred; and

     WHEREAS,  the lives of our service men and women are of utmost importance as are the lives of Iraqis; and

     WHEREAS,  some CIA, retired military leaders, and diplomats are profoundly concerned about the immediate threats of increased terrorism provoked by a pre-emptive strike and the long-term "blow-back"; and
     WHEREAS,  millions of people and religious leaders around the world are pleading for patience and peace:

     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 Legislature of South Dakota urge the President and Congress of the United States to continue the presently successful process of containment.

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

     HCR 1019   Introduced by:  Representatives Wick, Adelstein, Bartling, Begalka, Buckingham, Burg, Cradduck, Cutler, Deadrick (Thomas), Dykstra, Frost, Garnos, Gassman, Glenski, Hackl, Hanson, Hargens, Haverly, Heineman, Hunhoff, Juhnke, Klaudt, Koistinen, LaRue, Lintz, Madsen, McCaulley, Murschel, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Putnam, Rave, Rhoden, Rounds, Sebert, Sigdestad, Solum, Teupel, Thompson, Van Gerpen, Weems, and Williamson and Senators Duenwald, Abdallah, Apa, Bogue, Brown, Diedrich (Larry), Duniphan, Earley, Greenfield, Jaspers, Kleven, Koetzle, Kooistra, Koskan, McCracken, Moore, Napoli, Olson (Ed), Reedy, Sutton (Duane), and Vitter

         A CONCURRENT RESOLUTION,  Urging Congress to refrain from acquiring certain additional land for Wind Cave National Park.

     WHEREAS,  the United States Congress is considering legislation to add more than 5,500 acres to Wind Cave National Park; and

     WHEREAS,  Wind Cave National Park, located in the southern Black Hills, is the location of one of the longest and most complex cave systems in the United States and includes 28,000 acres of mixed-grass prairies and pine forests that provide habitat for bison, deer, elk, and many other species; and

     WHEREAS,  the proposed addition would involve the purchase of similar adjacent, private land; and

     WHEREAS,  residents of Custer and Fall River counties by a large margin do not support the proposed purchase of additional property for Wind Cave National Park; and

     WHEREAS,  the proposed purchase would reduce property tax revenues to Custer County and the Hot Springs School District, and federal payments in lieu of taxes would not be sufficient to make up for the loss; and

     WHEREAS,  the National Park Service prohibits hunting in Wind Cave National Park and would prohibit hunting in the additional area to be purchased, and the National Park Service does not have a strong record in the area of wildlife management; and

     WHEREAS,  the purchase price for the proposed additional acres is higher than warranted and would drive the price of land in the area beyond the reach of agricultural producers:

     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 South Dakota Legislature does not support the proposed purchase of additional land for an expansion of Wind Cave National Park currently under consideration by the United States Congress. The Legislature urges Congress to refrain from making the purchase and to allocate the resources intended for the purchase to more appropriate purposes.

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

     Rep. Teupel moved that the Committee on State Affairs be instructed to deliver SB 213 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Hunhoff moved that the Committee on Education be instructed to deliver SB 164 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of giving first reading to SB 5, waiving the committee referral, and placing it to precede SB 188 on today's calendar.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of giving first reading to SB 5, waiving the committee referral, and placing it to precede SB 188 on today's calendar.

     And the roll being called:

     Yeas 57, Nays 10, Excused 3, Absent 0

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

     Nays:
Begalka; Burg; Gassman; Gillespie; Hargens; Hundstad; Kroger; Nesselhuf; Olson (Mel); Valandra

     Excused:
Bradford; Elliott; Fryslie


     So the motion having received an affirmative vote of a two-thirds majority, the Speaker declared the motion carried and SB 5 was placed to precede SB 188 on today's calendar.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 177 as found on page 691 of the House Journal ; also

     State Affairs on SB 220 as found on pages 691 and 692 of the House Journal ; also

     State Affairs on SB 144 as found on page 692 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 5:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Office of Medical Education and to declare an emergency.

     Was read the first time and the referral was waived, pursuant to a rules suspension.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 5:   FOR AN ACT ENTITLED, An Act to   appropriate money for the Office of Medical Education and to declare an emergency.

     Was read the second time.

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

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Burg; Christensen; Cradduck; Cutler; Deadrick (Thomas); Dykstra; 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; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Buckingham; Davis; McCaulley; Rhoden

     Excused:
Bradford; Elliott

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

     SB 188:   FOR AN ACT ENTITLED, An Act to   provide a credit against certain taxes paid by railroads for the replacement and repair of rail lines and to revise certain provisions regarding the distribution of the assessed value of a railroad.

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

188tc

     Rep. Dykstra moved that SB 188 be amended as follows:

     On page 2, after line 16 of the House State Affairs Committee engrossed bill, insert:

"      Section 3. Any tax credit authorized pursuant to section 1of this Act is eliminated when the Powder River Basin Project commences.".


     Which motion lost.

188od

     Rep. Gordon Pederson moved that SB 188 be amended as follows:

     On page 2, line 14 of the House State Affairs Committee engrossed bill, delete " seventy- five " and insert " fifty ".

     On page 2 , line 15, delete " twenty-five " and insert " fifty ".

     Which motion prevailed and SB 188 was so amended.

      The question being "Shall SB 188 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 9, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Heineman; Hundstad; Hunhoff; Juhnke; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McLaughlin; Miles; Murschel; 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; Van Gerpen; Wick; Williamson; Speaker Michels

     Nays:
Buckingham; Engels; Haverly; Hennies; Klaudt; McCoy; Sigdestad; Van Norman; Weems

     Excused:
Bradford; Elliott

     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 154:   FOR AN ACT ENTITLED, An Act to   authorize certain interstate shipments of wine, to establish certain penalties, and to collect sales tax.

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

154jb

     Rep. Cutler moved that SB 154 be amended as follows:

     On page 3, line 3 of the Senate engrossed bill, delete " Class 6 felony " and insert "Class 1 misdemeanor".

     Which motion prevailed and SB 154 was so amended.

     The question being "Shall SB 154 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 7, Excused 4, Absent 0

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

     Nays:
Burg; Davis; Gillespie; Hargens; McCoy; Olson (Mel); Van Gerpen

     Excused:
Adelstein; Elliott; Fryslie; Koistinen

     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 71:   FOR AN ACT ENTITLED, An Act to   provide for the alternative certification of school administrators.

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

     The question being "Shall SB 71 pass as amended?"

     And the roll being called:

     Yeas 38, Nays 29, Excused 3, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Cutler; Dykstra; Engels; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hundstad; Hunhoff; Klaudt; Kroger; Lange; Lintz; Madsen; McCoy; Miles; Murschel; Nesselhuf; O'Brien; Olson (Ryan); Peterson (Jim); Rounds; Schafer; Sigdestad; Smidt; Thompson; Van Norman; Weems; Wick; Williamson

     Nays:
Adelstein; Buckingham; Burg; Christensen; Cradduck; Davis; Deadrick (Thomas); Frost; Hennies; Juhnke; Konold; Kraus; LaRue; McCaulley; McLaughlin; Novstrup; Olson (Mel); Pederson (Gordon); Peterson (Bill); Putnam; Rave; Rhoden; Sebert; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Speaker Michels

     Excused:
Elliott; Fryslie; Koistinen

     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 216:   FOR AN ACT ENTITLED, An Act to   create a senior citizen prescription drug benefit program.

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

     The question being "Shall SB 216 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; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; 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; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Elliott; Fryslie; Koistinen; Sebert

     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 63:   FOR AN ACT ENTITLED, An Act to   repeal the sales tax exemption for certain interstate telecommunication services and to declare an emergency.

     Was read the second time.

63ob

     Rep. Bill Peterson moved that SB 63 be amended as follows:

     On page 2, line 8 of the Senate State Affairs Committee engrossed bill, delete " or " .

     On page 2 , line 10, before " . " insert " ; or

             (3)    Any sale of interstate telecommunication service provided to a call center ".

     On page 2 , between lines 13 and 14, insert:

"      Section 2. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     As used in section 1 of this Act, the term, call center, means any physical location where telephone calls are placed, or received, for the purpose of making sales, marketing, customer service, or technical support. The term does not include:

             (1)    Any location where telephone calls are primarily placed to, or received from, the same taxpayer, or affiliates of the same taxpayer, that owns or operates the location; or

             (2)    Any insurance, real estate, or brokerage company.".

     Which motion prevailed and SB 63 was so amended.

    The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 43, Nays 22, Excused 5, Absent 0

     Yeas:
Adelstein; Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Garnos; Hanson; Haverly; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Murschel; Novstrup; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Wick; Speaker Michels

     Nays:
Bartling; Bradford; Burg; Engels; Gassman; Gillespie; Glenski; Hackl; Hargens; Heineman; Kroger; McCaulley; Miles; Nesselhuf; O'Brien; Olson (Mel); Peterson (Jim); Sigdestad; Smidt; Thompson; Van Norman; Williamson

     Excused:
Elliott; Fryslie; Koistinen; Sebert; Weems

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

    Senate Bill 63 was up for immediate reconsideration, pursuant to JR 5-13.1.

     SB 63:   FOR AN ACT ENTITLED, An Act to   repeal the sales tax exemption for certain interstate telecommunication services and to declare an emergency.


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

63xa

     Rep. Bill Peterson moved that SB 63 be amended as follows:

     On page 4 of the Senate State Affairs Committee engrossed bill, delete lines 14 to 16 , inclusive.

     Which motion prevailed and SB 63 was so amended.

     The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 18, Excused 5, Absent 0

     Yeas:
Adelstein; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Garnos; Gassman; Hanson; Haverly; Hennies; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Murschel; Novstrup; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Speaker Michels

     Nays:
Bartling; Engels; Gillespie; Glenski; Hackl; Hargens; Heineman; Hundstad; Kroger; McCaulley; Miles; Nesselhuf; O'Brien; Peterson (Jim); Sigdestad; Smidt; Thompson; Williamson

     Excused:
Elliott; Fryslie; Koistinen; Sebert; Weems

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Bill Peterson moved that the title to SB 63 be amended as follows:

     On page 1, line 2 of the Senate State Affairs Committee engrossed bill, delete " and to declare an emergency " .

     Which motion prevailed and the title was so amended.

      SB 129:   FOR AN ACT ENTITLED, An Act to   increase certain fees charged by the Office of the Secretary of State.

     Was read the second time.

     The question being "Shall SB 129 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 11, Excused 3, Absent 0

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

     Nays:
Begalka; Gillespie; Hackl; Hargens; Klaudt; Kroger; McCaulley; Peterson (Jim); Sigdestad; Valandra; Williamson

     Excused:
Bradford; Elliott; Sebert

     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 61:   FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products and to declare an emergency.

     Was read the second time.

     Rep. Bill Peterson moved that SB 61 be deferred to Wednesday, March 5th, the 36th legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 175:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to submission of budget requests and budget reports to the Legislative Research Council and the Legislature.

     Was read the second time.

     Rep. Bill Peterson moved that SB 175 be laid on the table.

     The question being on Rep. Bill Peterson's motion that SB 175 be laid on the table.

     And the roll being called:

     Yeas 49, Nays 20, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Engels; Gassman; Gillespie; Glenski; Hanson; Hargens; Hundstad; Kroger; Lange; Miles; Nesselhuf; Olson (Mel); Peterson (Jim); Sigdestad; Thompson; Valandra; Van Norman

     Excused:
Elliott

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 175 was tabled.

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

REPORTS OF CONFERENCE COMMITTEES


MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 80 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 80 be amended as follows:
    
     On page 2, line 11 of the House engrossed bill, delete " , or lineal descendant of an enrolled member, " .


Respectfully submitted,                     Respectfully submitted,
Bill Peterson                                Michael LaPointe
House Committee Chair                    Senate Committee Chair

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1026, 1047, 1122, and 1215 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the House and Senate have, pursuant to the recommendation of the Governor as to corrections in style and form of HB 1068, 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 10:15 a.m., March 4, 2003.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1026: FOR AN ACT ENTITLED, An Act to  establish the regents scholarship program.

     HB 1047: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the requirements for utilization review and grievances for health carriers.

     HB 1122: FOR AN ACT ENTITLED, An Act to  provide certain hunting and fishing privileges to persons on active duty in the armed forces.

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

     SB 3: FOR AN ACT ENTITLED, An Act to  revise the convention facility on-sale alcoholic beverage license requirements.

     SB 38: FOR AN ACT ENTITLED, An Act to  require participation in the national assessment of educational progress.

     SB 54: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to notes to insurance company financial reports.

     SB 56: FOR AN ACT ENTITLED, An Act to  revise and update certain provisions related to the South Dakota Life and Health Insurance Guaranty Association.

     SB 75: FOR AN ACT ENTITLED, An Act to  revise the requirements for irrigation district directors.

     SB 79: FOR AN ACT ENTITLED, An Act to  extend the time frame that the Housing Development Authority has to submit its annual report to the Governor and Legislature.

     SB 88: FOR AN ACT ENTITLED, An Act to  separate agricultural equipment credit transactions from certain consumer installment sales contracts.

     SB 98: FOR AN ACT ENTITLED, An Act to  revise certain organizational and administrative provisions related to consumer power districts.

     SB 115: FOR AN ACT ENTITLED, An Act to  provide for a converted motor home title for certain motor vehicles.

     SB 134: FOR AN ACT ENTITLED, An Act to  permit county commissions to determine renewal fees for on-sale liquor licenses at certain locations.

     SB 156: FOR AN ACT ENTITLED, An Act to  revise certain provisions to provide workers' compensation benefits to children of deceased employees.

     SB 157: FOR AN ACT ENTITLED, An Act to  clarify and revise certain provisions concerning criminal background investigations of school district employees and student teachers.

     SB 159: FOR AN ACT ENTITLED, An Act to  require public corporations to verify whether contractors have a contractor's excise tax license before awarding certain contracts.

     SB 187: FOR AN ACT ENTITLED, An Act to  clarify the authority of counties to grant certain utility easements for the installation of underground cable.

     And signed the same in the presence of the House.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration SB  164, which was reconsidered, and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

     Rep. Jim Peterson moved that the House do now adjourn, which motion prevailed and at 4:24 p.m. the House adjourned.

Karen Gerdes, Chief Clerk