JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, March 5, 2003

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

     The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge of Allegiance led by House page Etta Balo.

     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 thirty-fifth 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


     Rep. Rhoden introduced Annie Oakley, Miss 2002 South Dakota 4-H Rodeo Queen, from Rockham, South Dakota.

COMMUNICATIONS AND PETITIONS


March 5, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bills 1013, 1133, 1159, and 1237, 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 State Affairs respectfully reports that it has had under consideration SB  213, which was reconsidered, and returns the same with the recommendation that said bill do not pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HCR 1018 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bill Peterson, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1019, 1176, 1183, 1188, 1210, 1221, 1236, and 1261 which have passed the Senate without change.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1104, 1208, 1277, 1281, and 1282 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 55 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 adopted the reports of the Conference Committees on SB 23 and 145.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to adopt the report of the Conference Committee on SB 80 and has reappointed Sens. LaPointe, Greenfield, and Duxbury as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 121, 123, 165, and 202.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 133 and has appointed Sens. Duenwald, Jaspers, and Koetzle as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that the House do not concur in Senate amendments to HB 1163 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Bill Peterson, Juhnke, and Lange.

     Rep. Gordon Pederson moved that the House do concur in Senate amendments to HB 1190.

     The question being on Rep. Gordon Pederson's motion that the House do concur in Senate amendments to HB 1190.

     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 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. Lintz moved that the House do concur in Senate amendments to HB 1192.

     The question being on Rep. Lintz's motion that the House do concur in Senate amendments to HB 1192.

     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 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. Bradford moved that the House do not concur in Senate amendments to HB 1211 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     Which motion prevailed and the Speaker appointed as such committee Reps. Teupel, Rounds, and Bradford.

     HCR 1019:   A CONCURRENT RESOLUTION,   Urging Congress to refrain from acquiring certain additional land for Wind Cave National Park.

     Rep. Wick moved that HCR 1019 as found on pages 719 and 720 of the House Journal be adopted.

     The question being on Rep. Wick's motion that HCR 1019 be adopted.

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Elliott; Engels; Gillespie; Hargens; Hennies; Hundstad; Kroger; McLaughlin; Nesselhuf; Olson (Mel); Schafer; Thompson; Valandra; Van Etten; Van Norman

     Excused:
Adelstein


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1019 was adopted.

     HCR 1020   Introduced by:  Representatives Smidt, Adelstein, Bartling, Begalka, Burg, Christensen, Cradduck, Cutler, Deadrick (Thomas), Dykstra, Engels, Fryslie, Garnos, Gillespie, Glenski, Hackl, Haverly, Heineman, Hennies, Juhnke, Koistinen, Konold, Kraus, Kroger, Lange, LaRue, McCoy, Michels, Miles, Murschel, Novstrup, O'Brien, Olson (Mel), Pederson (Gordon), Rave, Rhoden, Rounds, Schafer, Sebert, Sigdestad, Solum, Teupel, Thompson, Valandra, Van Etten, Van Gerpen, Weems, Wick, and Williamson and Senators Jaspers, Abdallah, Albers, Apa, Brown, Dempster, Dennert, Diedrich (Larry), Duniphan, Duxbury, Greenfield, Ham, Kleven, Kloucek, Knudson, Koetzle, Koskan, McCracken, Moore, Nachtigal, Napoli, Olson (Ed), Reedy, Sutton (Dan), and Symens

         A CONCURRENT RESOLUTION,  Supporting adequate funding for secondary career and technical education programs in South Dakota.

     WHEREAS,  the 1995 Legislature enacted a method of distributing general state aid to school districts and this new method eliminated direct support for secondary career and technical education programs; and

     WHEREAS,  secondary career and technical education programs are a critical link to workforce development goals; and

     WHEREAS,  a well educated and skilled workforce is vital to the economic development of communities and the State of South Dakota; and

     WHEREAS,  fiscal challenges have caused individual school districts to reduce or eliminate secondary career and technical education programs due to the high costs sometimes associated with the special equipment and facilities they require; and

     WHEREAS,  a significant number of high school graduates go directly into articulated postsecondary education or employment opportunities; and

     WHEREAS,  since 1995 there has been a twenty-four percent reduction in secondary career and technical education programs with over one hundred programs having been eliminated; and

     WHEREAS,  a significant number of South Dakota businesses and industries support secondary career and technical education and request renewed funding:

     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 supports adequate funding of approved secondary career and technical education programs.

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

      Rep. Bill Peterson moved that the rules be suspended for the sole purpose of giving first reading to SB 55, waiving the committee referral, and placing it to precede SB 61 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 55, waiving the committee referral, and placing it to precede SB 61 on today's calendar.

     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 motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and SB 55 was placed to precede SB 61 on today's calendar.

     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 9:00 a.m., Thursday, March 6th, the 37th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Rhoden moved that the report of the Conference Committee on SB 23 as found on pages 712 and 713 of the House Journal be adopted.

     The question being on Rep. Rhoden's motion that the report of the Conference Committee on SB 23 be adopted.

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

     Rep. Novstrup moved that the report of the Conference Committee on SB 145 as found on pages 713 and 714 of the House Journal be adopted.

     The question being on Rep. Novstrup's motion that the report of the Conference Committee on SB 145 be adopted.

     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; 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

     Excused:
Hargens

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

     Rep. Bill Peterson moved that the House do not adopt the report of the Conference Committee on SB 80 and that the same committee be reappointed.

     Which motion prevailed and the Speaker reappointed as such committee Reps. Bill Peterson, Teupel, and Bradford.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on SB 174 as found on page 711 of the House Journal ; also

     Taxation on SB 35 as found on page 712 of the House Journal ; also

     Education on SB 170 as found on page 712 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Rep. Hunhoff moved that the word "not" be stricken from the report of the Committee on Education on SB 164 as found on page 720 of the House Journal and that the bill be placed on today's calendar.

     The question being on Rep. Hunhoff's motion that the word "not" be stricken from the report of the Committee on Education on SB 164 and that the bill be placed on today's calendar.

     And the roll being called:

     Yeas 34, Nays 36, Excused 0, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Deadrick (Thomas); Elliott; Engels; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Hennies; Hundstad; Hunhoff; Koistinen; Kroger; Lange; Miles; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Jim); Sebert; Sigdestad; Thompson; Valandra; Van Gerpen; Van Norman

     Nays:
Adelstein; Buckingham; Christensen; Cradduck; Cutler; Davis; Dykstra; Frost; Garnos; Haverly; Heineman; Juhnke; Klaudt; Konold; Kraus; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Murschel; Peterson (Bill); Putnam; Rave; Rhoden; Rounds; Schafer; Smidt; Solum; Teupel; Van Etten; Weems; Wick; Williamson; Speaker Michels

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

     Rep. Teupel moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 213 and that the bill be placed on today's calendar.

     The question being on Rep. Teupel's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 213 and that the bill be placed on today's calendar.

     And the roll being called:


     Yeas 41, Nays 29, Excused 0, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Elliott; Engels; Fryslie; Gassman; Gillespie; Glenski; Hanson; Hargens; Hennies; Hundstad; Kroger; Lange; Miles; Nesselhuf; O'Brien; Olson (Mel); Pederson (Gordon); Peterson (Jim); Putnam; Schafer; Sebert; Sigdestad; Smidt; Thompson; Valandra; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried, the word "not" was stricken, and SB 213 was placed on today's calendar.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 144:   FOR AN ACT ENTITLED, An Act to   revise the rules promulgation process.

     Was read the second time.

     The question being "Shall SB 144 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.


      SB 102:   FOR AN ACT ENTITLED, An Act to   limit certain liquor license renewal fees.

     Was read the second time.

     The question being "Shall SB 102 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; 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 (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

     Nays:
Burg; Olson (Mel)

     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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 55:   FOR AN ACT ENTITLED, An Act to   permit school administrators to establish an association and to allow the purchase of certain service in the South Dakota Retirement System.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 55:   FOR AN ACT ENTITLED, An Act to   permit school administrators to establish an association and to allow the purchase of certain service in the South Dakota Retirement System.

     Was read the second time.

     Rep. Rounds moved that SB 55 be laid on the table.

     The question being on Rep. Rounds' motion that SB 55 be laid on the table.

     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 motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 55 was tabled.

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

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

     Rep. Bill Peterson moved that SB 61 be placed to follow SB 170 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 177:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to contested cases under the Administrative Procedures Act and the Office of Hearing Examiners.

     Was read the second time.

     The question being "Shall SB 177 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 majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 220:   FOR AN ACT ENTITLED, An Act to   establish the Dakota Corps scholarship program, to provide for its funding, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     Rep. Bill Peterson moved that SB 220 be placed to follow SB 35 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the sale or marketing of unstamped cigarettes.

     Was read the second time.

149xa

     Rep. Rounds moved that SB 149 be amended as follows:

     On page 1, line 7 of the Senate engrossed bill, delete " or cause to be shipped " .

     Which motion lost.

     The question being "Shall SB 149 pass as amended?"

     And the roll being called:

     Yeas 42, Nays 28, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Deadrick (Thomas); Elliott; Engels; Fryslie; Garnos; Gassman; Glenski; Hanson; Hargens; Heineman; Hennies; Kraus; Kroger; Lange; McCoy; McLaughlin; Miles; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon); Putnam; Schafer; Sebert; Sigdestad; Solum; Teupel; Thompson; Van Etten; Van Gerpen; Weems; Wick; Speaker Michels

     Nays:
Bradford; Davis; Dykstra; Frost; Gillespie; Hackl; Haverly; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; LaRue; Lintz; Madsen; McCaulley; Murschel; Olson (Ryan); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Smidt; Valandra; Van Norman; Williamson

     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 167:   FOR AN ACT ENTITLED, An Act to   revise the determination of minimum nonforfeiture amounts for individual deferred annuities and to provide for a sunset of the revision.

     Was read the second time.

     The question being "Shall SB 167 pass?"

     And the roll being called:

     Yeas 46, Nays 18, Excused 3, Absent 3

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

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

     Excused:
Koistinen; McCaulley; Olson (Ryan)

     Absent:
Juhnke; Novstrup; Pederson (Gordon)

     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 168:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding variable life insurance policies.

     Was read the second time.

     The question being "Shall SB 168 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 9, Excused 5, Absent 0

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

     Nays:
Bartling; Bradford; Glenski; Hanson; Hundstad; Kroger; Peterson (Jim); Valandra; Van Norman

     Excused:
Koistinen; McCaulley; Novstrup; Olson (Ryan); Pederson (Gordon)

     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 171:   FOR AN ACT ENTITLED, An Act to   provide for certain asset-backed securitizations.

     Was read the second time.

     Rep. Bill Peterson moved that SB 171 be placed to follow SB 35 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 174:   FOR AN ACT ENTITLED, An Act to   establish a comprehensive health association to provide health insurance coverage to eligible persons.

     Was read the second time.

     The question being "Shall SB 174 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent 0

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


     Nays:
Buckingham; Juhnke

     Excused:
Madsen; McCaulley

     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 35:   FOR AN ACT ENTITLED, An Act to   exempt certain gross receipts from sales and use taxes.

     Was read the second time.

35fp

     Rep. Wick moved that SB 35 be amended as follows:

     On page 1, after line 11 of the House Taxation Committee engrossed bill, insert:

"      Section 2. That chapter 10-46 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.".

     Which motion prevailed and SB 35 was so amended.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, 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; 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

     Nays:
McCoy

     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 171:   FOR AN ACT ENTITLED, An Act to   provide for certain asset-backed securitizations.

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

     The question being "Shall SB 171 pass?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

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

     Nays:
Gassman; Glenski; Hanson; Hargens; Hundstad; Lange; Peterson (Jim); 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.

     SB 220:   FOR AN ACT ENTITLED, An Act to   establish the Dakota Corps scholarship program, to provide for its funding, to make an appropriation therefor, and to declare an emergency.

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

     Rep. Bill Peterson moved that the House do now recess until 5:00 p.m., which motion prevailed and at 4:13 p.m., the House recessed.

RECESS


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

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1067 was lost for failure to be placed on the calendar.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1174 was lost on second reading and final passage.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. McCracken, Greenfield, and Duxbury as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1163.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Abdallah, LaPointe, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1211.

Respectfully,
Patricia Adam, Secretary
     The Speaker appointed Reps. Teupel, Deadrick, and Valandra as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 133.

MOTIONS AND RESOLUTIONS


     Rep. Van Etten moved that the House do concur in Senate amendments to HB 1277.

     Rep. Haverly moved as a substitute motion that the House do not concur in Senate amendments to HB 1277 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

    A roll call vote was requested and supported.

     The question being on Rep. Haverly's substitute motion that the House do not concur in Senate amendments to HB 1277 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     And the roll being called:

     Yeas 50, Nays 20, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Buckingham; Burg; Cradduck; Cutler; Davis; Dykstra; Elliott; Engels; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Hennies; Hundstad; Juhnke; Klaudt; Koistinen; Konold; Kroger; Lange; Madsen; McCoy; Murschel; Nesselhuf; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Thompson; Valandra; Van Norman; Wick; Speaker Michels

     Nays:
Begalka; Christensen; Deadrick (Thomas); Frost; Heineman; Hunhoff; Kraus; LaRue; Lintz; McCaulley; McLaughlin; Miles; Novstrup; Putnam; Rave; Teupel; Van Etten; Van Gerpen; Weems; Williamson

     So the motion having received an affirmative vote of a majority of the members-present, the Speaker declared the motion carried and the Speaker appointed as such committee Reps. Van Etten, Haverly, and Gillespie.

     Rep. Bill Peterson moved that the rules be suspended for the sole purpose of introducing, giving first reading, waiving the committee referral, and giving second reading and final

consideration to a bill relating to an act to reduce pre-judgment and post-judgment interest rates and to declare an emergency.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of introducing, giving first reading, waiving the committee referral, and giving second reading and final consideration to a bill relating to an act to reduce pre-judgment and post- judgment interest rates and to declare an emergency.

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; 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; Weems; Wick; Williamson; Speaker Michels

     Nays:
Engels; Van Norman

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1284   Introduced by:  Representatives Peterson (Bill), Madsen, Michels, Olson (Mel), and Rhoden and Senators Bogue and Moore

       FOR AN ACT ENTITLED, An Act to   reduce pre-judgment and post-judgment interest rates and to declare an emergency.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1284:   FOR AN ACT ENTITLED, An Act to   reduce pre-judgment and post-judgment interest rates and to declare an emergency.

     Was read the second time.


     The question being "Shall HB 1284 pass?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; 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; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Engels; Hundstad; Valandra; Van Norman

     Excused:
Bradford

     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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(Continued)

      SB 220:   FOR AN ACT ENTITLED, An Act to   establish the Dakota Corps scholarship program, to provide for its funding, to make an appropriation therefor, and to declare an emergency.

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

220rb

     Rep. Heineman moved that SB 220 be amended as follows:

     On the House State Affairs Committee engrossed bill, delete all amendments, thus restoring the bill to the Senate Education Committee engrossed version.

    A roll call vote was requested and supported.

     The question being on Rep. Heineman's motion that SB 220 be amended.


     And the roll being called:

     Yeas 35, Nays 35, Excused 0, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Burg; Christensen; Cutler; Dykstra; Elliott; Engels; Gassman; Gillespie; Glenski; Hanson; Hargens; Heineman; Hundstad; Hunhoff; Kroger; Lange; Lintz; McCaulley; Miles; Murschel; Olson (Mel); Peterson (Jim); Rave; Sebert; Sigdestad; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Wick; Williamson

     Nays:
Adelstein; Buckingham; Cradduck; Davis; Deadrick (Thomas); Frost; Fryslie; Garnos; Hackl; Haverly; Hennies; Juhnke; Klaudt; Koistinen; Konold; Kraus; LaRue; Madsen; McCoy; McLaughlin; Nesselhuf; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Putnam; Rhoden; Rounds; Schafer; Smidt; Solum; Teupel; Weems; Speaker Michels

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

220fc

     Rep. Bill Peterson moved that SB 220 be amended as follows:

     On page 2, line 1 of the House State Affairs Committee engrossed bill, after " that " insert "is accredited by the North Central Association of Colleges and Schools, provides instruction from a campus located in South Dakota, and ".

     Which motion prevailed and SB 220 was so amended.

     The question being "Shall SB 220 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 19, Excused 0, Absent 0

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

     Nays:
Bartling; Begalka; Burg; Elliott; Glenski; Hanson; Hargens; Heineman; Hundstad; Hunhoff; Kroger; Lange; Miles; Olson (Mel); Peterson (Jim); Sebert; Sigdestad; Thompson; Williamson


     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 170:   FOR AN ACT ENTITLED, An Act to   increase the per student allocation in the state aid to education formula.

     Was read the second time.

     The question being "Shall SB 170 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 3, 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; 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:
McCoy; 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 61:   FOR AN ACT ENTITLED, An Act to   increase the tax on cigarettes and other tobacco products and to declare an emergency.

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

     Rep. Bill Peterson moved that SB 61 be placed to follow SB 213 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 213:   FOR AN ACT ENTITLED, An Act to   prohibit hunting on certain school and public lands containing unharvested crops.

     Was read the second time.

213oa

     Rep. Hargens moved that SB 213 be amended as follows:

     On page 1, line 7 of the Senate Appropriations Committee engrossed bill, after " lands " insert ", unless the crop is designated for conservation or wildlife habitat".

    A roll call vote was requested and supported.

     The question being on Rep. Hargens' motion that SB 213 be amended.

     And the roll being called:

     Yeas 52, Nays 18, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Gassman; Gillespie; Glenski; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Kraus; Kroger; Lange; LaRue; Madsen; McLaughlin; Miles; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Peterson (Jim); Putnam; Rounds; Schafer; Sebert; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Nays:
Davis; Garnos; Hackl; Juhnke; Klaudt; Koistinen; Konold; Lintz; McCaulley; McCoy; Murschel; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Rave; Rhoden; Solum; Williamson

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 213 was amended.

     The question being "Shall SB 213 pass as amended?"

     And the roll being called:

     Yeas 47, Nays 23, Excused 0, Absent 0

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

     Nays:
Bartling; Bradford; Burg; Elliott; Engels; Fryslie; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Kroger; Lange; Miles; Nesselhuf; O'Brien; Olson (Mel); Peterson (Jim); Sigdestad; Thompson; 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 the rules be suspended for the sole purpose of placing SB 61 on the calendar of Thursday, March 6th, the 37th legislative day and providing for final consideration.

     The question being on Rep. Bill Peterson's motion that the rules be suspended for the sole purpose of placing SB 61 on the calendar of Thursday, March 6th, the 37th legislative day and providing for final consideration.

     And the roll being called:

     Yeas 50, Nays 20, Excused 0, Absent 0

     Yeas:
Adelstein; Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; 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

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

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1064, 1090, 1095, 1191, 1258, and 1280 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1019, 1176, 1183, 1188, 1190, 1192, 1210, 1221, 1236, and 1261 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1111, 1118, 1141, 1161, 1175, 1235, 1260, 1265, and 1279 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., March 5, 2003.

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 1081, approved the recommendation and that the Office of Enrolling and Engrossing has engrossed the changes and has returned the same to his Excellency, the Governor, at 11:56 a.m., March 5, 2003.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1019: FOR AN ACT ENTITLED, An Act to  permit disclosure of certain information related to intentional exposure to human immunodeficiency virus.

     HB 1176: FOR AN ACT ENTITLED, An Act to  require voters to provide identification before voting or obtaining an absentee ballot.

     HB 1183: FOR AN ACT ENTITLED, An Act to  prohibit pyramid promotional schemes.

     HB 1188: FOR AN ACT ENTITLED, An Act to  permit an association of school administrators to participate in the South Dakota Retirement System.

     HB 1190: FOR AN ACT ENTITLED, An Act to  limit the ability of certain municipalities to annex territory in the vicinity of certain airports and to authorize noncontiguous annexation of certain municipal airport property and the exercise of certain extraterritorial jurisdiction.

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

     HB 1210: FOR AN ACT ENTITLED, An Act to  allow for a nursing facility to be constructed on an American Indian reservation under certain circumstances.

     HB 1221: FOR AN ACT ENTITLED, An Act to  revise the requirement for the classification of certain structures for taxation.

     HB 1236: FOR AN ACT ENTITLED, An Act to  allow for the exclusion of certain health insurance coverages as a condition of procuring individual health insurance.

     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.

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

     SB 23: FOR AN ACT ENTITLED, An Act to  grant counties greater authority to prohibit the use of fireworks during periods of extreme fire danger.

     SB 40: FOR AN ACT ENTITLED, An Act to  establish a statewide accountability system for public schools.

     SB 41: FOR AN ACT ENTITLED, An Act to  provide for the creation of a no solicitation calls list for persons wishing not to receive unsolicited telephone calls, to create a telephone solicitation account, and to establish certain fees and civil penalties.

     SB 57: FOR AN ACT ENTITLED, An Act to  provide for the temporary replacement of certain elected officials called for active duty in the armed forces and to declare an emergency.

     SB 87: FOR AN ACT ENTITLED, An Act to  permit bonding authorities to enter into contracts for the purpose of managing payments or interest rate risk.

     SB 116: FOR AN ACT ENTITLED, An Act to  provide certain provisions regarding the tax on certain telecommunication services.

     SB 121: FOR AN ACT ENTITLED, An Act to  revise certain penalties for violations relating to alcoholic beverage licenses.

     SB 123: FOR AN ACT ENTITLED, An Act to  revise the definition of residence for registration purposes.

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

     SB 145: FOR AN ACT ENTITLED, An Act to  revise certain Central Plains Water Development District boundaries and to provide legal recognition of the Lewis and Clark Rural Water System for certain purposes.

     SB 150: FOR AN ACT ENTITLED, An Act to  authorize counties to increase the property tax levy in unorganized townships under certain conditions.

     SB 165: FOR AN ACT ENTITLED, An Act to  establish the United States census estimates as the basis upon which liquor licenses may be issued.

     SB 202: FOR AN ACT ENTITLED, An Act to  revise certain provisions to comply with the requirements of the Juvenile Justice and Delinquency Act.

     SB 206: FOR AN ACT ENTITLED, An Act to  limit the use of information contained in certain commitment documentation related to drug offenses.

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

     And signed the same in the presence of the House.

COMMEMORATIONS


     HC 1012   Introduced by:  Representatives Novstrup, Hanson, and Kroger and Senators Sutton (Duane) and Jaspers

         A LEGISLATIVE COMMEMORATION,  Honoring the 2003 coaches and athletes inducted into the South Dakota Wrestling Coaches Association Hall of Fame.

     WHEREAS,  this prestigious award, presented by the South Dakota Wrestling Coaches Association to Dick Bleth, Brian Parlett, Koln Knight, Ron Nelson, and Mark Manning on Saturday, March 1, 2003, before the state wrestling finals in Sioux Falls and Aberdeen; and

     WHEREAS,  each of these men is an honoree in his own right with outstanding high school and collegiate careers, either as participants or coaches, leading their teams to championships and were chosen by a vote of their peers for this award; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of the American society depends upon the dedication of wrestling coaches and athletes like these men who use their considerable talents to build character, to lead by example, and are committed to excellence in themselves and each life they touch:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-eighth Legislature of the State of South Dakota, that Dick Bleth, Brian Parlett, Koln Knight, Ron Nelson, and Mark Manning be honored as new members in the South Dakota Wrestling Coaches Association Hall of Fame and be recognized for their outstanding achievements as coaches or athletes on both the high school and collegiate levels and for their outstanding leadership of our young people.

     HC 1013   Introduced by:  Representatives Davis and Hackl and Senator Duenwald

         A LEGISLATIVE COMMEMORATION,  Honoring Elizabeth Volzke for recognition of her volunteer services.

     WHEREAS,  Elizabeth Volzke, an esteemed resident of Eureka and a student at Eureka Public School, has achieved national recognition for exemplary volunteer service by receiving a 2003 Prudential Spirit of Community Award; and

     WHEREAS,  this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Ms. Volzke earned this award by giving generously of her time and energy to raising the spirits of others at a local assisted-living center, day care center, and church services; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Volzke who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-eighth Legislature of the State of South Dakota, that this legislative body hereby congratulates and honors Elizabeth Volzke as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.
      Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 7:08 p.m. the House adjourned.

Karen Gerdes, Chief Clerk