JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, January 24, 2003

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker Pro tempore presiding.

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

     Roll Call: All members present except Reps. Dykstra, Garnos, Gillespie, and Miles who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the seventh day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1017 and 1018 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill be amended as follows:

1006sa
     On page 1, line 11 of the printed bill, after " made. " insert "Fee schedules posted on the department's website must be in accordance with the department's administrative rules promulgated under the provisions of chapter 1-26 which establish the reimbursement provisions for medical services.".

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

Respectfully submitted,
Don Van Etten, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

1019ra
     On page 1, line 10 of the printed bill, delete " or authorize the release " .

     On page 1 , line 10, overstrike " of " .

     On page 2 , line 6, delete " law enforcement officials, if the " and insert " the attorney general or an appropriate state's attorney if the secretary of the ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

1055ra
     On page 3 of the printed bill, delete lines 9 to 23 , inclusive.

     On page 4 , delete lines 7 to 24 , inclusive.

     On page 5 , delete lines 1 and 2 .

     On page 9 , delete lines 18 to 23 , inclusive.

     On page 13 , delete line 11 , and insert:

"      Section 48. That § §  16-12A-1 to 16-12A-3, inclusive, 16-12A-3.2, 16-12A-4, 16-12A-5 to 16-12A-7, inclusive, and 16-12A-8 to 16-12A-30, inclusive, be repealed.".


1055rb
     On page 3, line 5 of the printed bill, delete " shall, upon order of " and insert "may, at its discretion, and in cooperation with".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1061 and returns the same with the recommendation that said bill be amended as follows:

1061ra
     On page 2, line 7 of the printed bill, delete " allegation or proof " and insert "evidence".

     And that as so amended said bill do pass.

Respectfully submitted,
Matt McCaulley, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1026 and returns the same with the recommendation that said bill be amended as follows:



1026od
     On page 4 of the printed bill, delete lines 1 to 8 , inclusive, and insert:

"      Section 6. The Board of Regents may allocate funds appropriated by the Legislature or funds generated by gifts, donations, grants, or endowments for the purposes of this Act to students qualifying pursuant to section 2 of this Act.".


1026fa
     On page 2, line 15 of the printed bill, delete " to the institutions on behalf " and insert "directly to".

     On page 2 , line 16, delete " of " .

1026ob
     On page 2, line 5 of the printed bill, after " school " insert "or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school".

1026oc
     On page 3, line 14 of the printed bill, after " institution; " insert "and".

     On page 3 , line 21, delete " ; and " and insert ".".

     On page 3 , delete lines 22 to 24 , inclusive.

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 which was tabled.

Respectfully submitted,
Bill Peterson, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 12, 13, 18, 22, 23, 24, 25, 26, 27, 43, 44, and 46 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary


MOTIONS AND RESOLUTIONS


    House Page Resolution 1: Introduced by: Adelstein; Bartling; Begalka; Bradford; Buckingham, Burg; Christensen; Cradduck; Cutler; Davis; Deadrick; 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

A RESOLUTION,  Expressing the appreciation and gratitude of the House of Representatives
     of the Seventy-eighth Legislature of the State of South Dakota to Christopher Barondeau, Christopher DeJabet, Luke Loving, Bryce Mayrose, Danielle Newman, Becky Rice, Scott Schramm, Karyn Schubert, Heather TerMeer, Allison Wegleitner, and Christopher Wentzlaff.

    WHEREAS, the above named served loyally as pages for the House of Representatives of the Seventy-eighth Legislative Session; and

    WHEREAS, the members of the Seventy-eighth House of Representatives express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy-eighth Legislature of the State of South Dakota, that a personal copy of this commemoration be duly certified and furnished to each page on this last day of service.

    Rep. Bill Peterson moved that House Page Resolution 1 be adopted.

     Which motion prevailed and the resolution was adopted.


     HCR 1001:   A CONCURRENT RESOLUTION,   Expressing the deep respect of the Legislature on the occasion of the passing of Governor Joe Foss.

     Rep. Bill Peterson moved that HCR 1001 as found on page 113 of the House Journal be adopted.

     The question being on Rep. Bill Peterson's motion that HCR 1001 be adopted.

     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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on HB 1036 as found on page 112 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1077   Introduced by:  Representatives Buckingham, Adelstein, Cradduck, Elliott, Haverly, Hennies, Kroger, LaRue, Madsen, McCoy, McLaughlin, Murschel, Peterson (Jim), Rhoden, and Schafer and Senators Duniphan, Dempster, Earley, Koetzle, Napoli, Olson (Ed), Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   repeal the limit on credit hours for certain students.

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

     HB 1078   Introduced by:  Representatives Haverly, Begalka, Buckingham, Cradduck, Elliott, Kroger, LaRue, McCoy, McLaughlin, Murschel, Peterson (Jim), Rhoden, Schafer, and Sebert and Senators McCracken, Dempster, Earley, Koetzle, Kooistra, Moore, Olson (Ed), Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   increase the amount of money that school boards can keep in petty cash accounts.

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

     HB 1079   Introduced by:  Representatives Murschel, Buckingham, Burg, Cradduck, Cutler, Dykstra, Elliott, Hackl, Haverly, Hennies, Kroger, LaRue, McCoy, O'Brien, Olson (Mel), Peterson (Jim), Rhoden, Schafer, and Solum and Senators Abdallah, Dempster, Koetzle, Kooistra, McCracken, Moore, Reedy, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain eligibility restrictions related to secondary school extracurricular activities.

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

     HB 1080   Introduced by:  Representatives Klaudt, Lintz, McCaulley, and Rhoden and Senators de Hueck, Duniphan, and Jaspers

       FOR AN ACT ENTITLED, An Act to   revise the publication of advertisements for bids.

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


     HB 1081   Introduced by:  Representatives Pederson (Gordon) and Hennies and Senators Vitter and McCracken

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to annual elections, conflicts of interest, and dissolution of road districts.

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

     HB 1082   Introduced by:  Representatives Pederson (Gordon), Fryslie, and Lintz and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   modify the procedure for changing the number of county commissioners in a county.

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

     HB 1083   Introduced by:  Representatives Dykstra, Bartling, Gillespie, Hackl, Konold, Olson (Ryan), Rounds, and Van Gerpen and Senators Albers, Kooistra, Nachtigal, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to school district boundary changes.

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

     HB 1084   Introduced by:  Representatives Dykstra, Bartling, Gillespie, Hackl, Konold, Olson (Ryan), Rounds, and Van Gerpen and Senators Albers, Kooistra, Nachtigal, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   restrict the use of minor adjustments to school district boundaries.

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

     HB 1085   Introduced by:  Representatives Glenski, Burg, Cutler, Engels, Hanson, Hennies, Lange, Peterson (Jim), and Van Etten and Senators Duenwald, Albers, Dennert, Ham, Kooistra, and Reedy

       FOR AN ACT ENTITLED, An Act to   require that financial institutions obtain consent before sharing a consumer's personally identifiable information with nonaffiliated third parties.

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


     HB 1086   Introduced by:  Representatives Murschel, Deadrick (Thomas), Engels, Gillespie, Madsen, McCaulley, and Michels and Senators de Hueck, Abdallah, Bogue, Knudson, Moore, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise the exception for a patient's privilege on confidential communications with physicians and psychotherapists.

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

     HB 1087   Introduced by:  Representatives Murschel, Bartling, Burg, Hargens, Heineman, Hunhoff, Klaudt, Madsen, McCoy, Miles, Nesselhuf, Peterson (Bill), Putnam, Smidt, Van Gerpen, and Van Norman and Senators Albers, Abdallah, Kloucek, Koetzle, McCracken, Moore, Reedy, and Symens

       FOR AN ACT ENTITLED, An Act to   revise the definition of qualified mental health professionals.

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

     HB 1088   Introduced by:  Representatives Michels, Frost, Heineman, Hunhoff, Kraus, LaRue, Miles, Schafer, and Smidt and Senators Schoenbeck, Abdallah, Knudson, Moore, and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   establish a fund for the research of spinal cord injuries and to create an advisory council for the disbursement of the fund.

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

     HB 1089   Introduced by:  Representatives Pederson (Gordon), Fryslie, Hargens, Klaudt, Konold, Lange, Peterson (Jim), Rhoden, Rounds, and Teupel and Senators Napoli, Apa, Duenwald, Koskan, Moore, Sutton (Duane), and Vitter

       FOR AN ACT ENTITLED, An Act to   authorize motor vehicle dealers to reassign certain out-of-state motor vehicle titles.

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

     HB 1090   Introduced by:  Representatives Pederson (Gordon), Fryslie, and Lintz and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   provide that certain vehicle leases are not sales or security interests.

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



     HB 1091   Introduced by:  Representatives Hundstad, Bradford, Elliott, Hanson, Hargens, Lange, and Sigdestad and Senators Dennert, Kloucek, Kooistra, and Symens

       FOR AN ACT ENTITLED, An Act to   impose an intangible property tax.

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

     HB 1092   Introduced by:  Representatives Van Gerpen, Kroger, Nesselhuf, Putnam, Rave, and Schafer and Senators Kooistra, Kloucek, and Reedy

       FOR AN ACT ENTITLED, An Act to   add a section of highway located in Turner County and McCook County to the state trunk highway system.

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

     HB 1093   Introduced by:  Representatives Madsen, Gillespie, McCaulley, and O'Brien and Senators de Hueck, Bogue, Knudson, Koetzle, Moore, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain filing fees of limited liability companies.

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

     HB 1094   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons.

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

     HB 1095   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation from the health care trust fund for costs associated with the medicaid program and to declare an emergency.

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

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 12:   FOR AN ACT ENTITLED, An Act to   provide for more than one recount board in a county.

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

     SB 13:   FOR AN ACT ENTITLED, An Act to   implement certain provisions of the federal Help America Vote Act.

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

     SB 18:   FOR AN ACT ENTITLED, An Act to   revise the definition of a state agency regarding certain disclosures by a state agency of information concerning a private entity.

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

     SB 22:   FOR AN ACT ENTITLED, An Act to   authorize a parent to appear in person, by counsel, or by telephone for a hearing to voluntarily terminate parental rights.

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

     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.

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

     SB 24:   FOR AN ACT ENTITLED, An Act to   authorize the secretary of agriculture to suspend or revoke an egg dealer's or processor's license for certain violations and to provide the licensee an opportunity for a hearing.

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

     SB 25:   FOR AN ACT ENTITLED, An Act to   revise the schedule of certain controlled substances.

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


     SB 26:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding vital records and to authorize the electronic filing of death certificates and permits for disposition.

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

     SB 27:   FOR AN ACT ENTITLED, An Act to   classify mountain lions as big game and to allow the use of dogs in hunting mountain lions.

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

     SB 43:   FOR AN ACT ENTITLED, An Act to   conform medicare supplement plans to general delivery receipt requirements.

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

     SB 44:   FOR AN ACT ENTITLED, An Act to   revise certain investigative and enforcement procedures regarding fraternal benefit societies.

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

     SB 46:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions providing for the registration of audiology aides.

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

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1053:   FOR AN ACT ENTITLED, An Act to   provide for the centralization and computerization of certain jury selection processes.

     Was read the second time.

     The question being "Shall HB 1053 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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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

     HB 1024:   FOR AN ACT ENTITLED, An Act to   revise the definition of the periods of service which qualify for veterans benefits.

     Was read the second time.

     The question being "Shall HB 1024 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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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


     HB 1025:   FOR AN ACT ENTITLED, An Act to   provide that military discharge records are only made available to specified persons.

     Was read the second time.

     The question being "Shall HB 1025 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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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

     HB 1034:   FOR AN ACT ENTITLED, An Act to   provide for the creation of a certification process for tobacco product manufacturers, a reporting requirement for distributors and wholesalers, and a directory for compliant tobacco product manufacturers, to prohibit certain activities regarding cigarettes of certain noncompliant tobacco product manufacturers, and to establish certain enforcement procedures.

     Was read the second time.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0


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

     Excused:
Dykstra; Garnos; Gillespie; Miles

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

     HB 1042:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to open enrollment.

     Was read the second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 65, Nays 1, Excused 4, Absent 0

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

     Excused:
Dykstra; Garnos; Gillespie; Miles


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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1038:   FOR AN ACT ENTITLED, An Act to   exempt vans owned by churches from vehicle license fees.

     Was read the second time.

     Rep. Mel Olson moved that HB 1038 be placed to follow 1037 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1037:   FOR AN ACT ENTITLED, An Act to   revise the seating capacity of a motor bus for purposes of defining a motorbus for vehicle registration purposes.

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

     The question being "Shall HB 1037 pass?"

     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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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

     HB 1038:   FOR AN ACT ENTITLED, An Act to   exempt vans owned by churches from vehicle license fees.

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



     The question being "Shall HB 1038 pass?"

     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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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

     HB 1051:   FOR AN ACT ENTITLED, An Act to   make sliming court services officers or designees a crime.

     Was read the second time.

     The question being "Shall HB 1051 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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles


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

     HB 1035:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning certain tax agreements.

     Was read the second time.

     The question being "Shall HB 1035 pass?"

     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); Elliott; Engels; Frost; Fryslie; Gassman; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; 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:
Dykstra; Garnos; Gillespie; Miles

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

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

     Was read the second time.

     Rep. McCaulley moved that HB 1058 be deferred to Monday, January 27th, the 9th legislative day.

     Which motion prevailed and the bill was so deferred.

    There being no objection, the House reverted to Order of Business No. 8.



MOTIONS AND RESOLUTIONS

     Rep. Gordon Pederson moved that HB 1089 be referred from the Committee on Commerce to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

COMMEMORATIONS


     HC 1001   Introduced by:  Representatives Pederson (Gordon) and Lintz and Senator Vitter

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Deborah Russell, a member of the Hot Springs School District Board on her selection as South Dakota's 2002- 2003 Outstanding School Board Member.

     WHEREAS,  Deborah Russell has served her community and state as a member of the Hot Springs School Board for fifteen years, ten of those years as the board president. She served as a board member of the Associated School Boards of South Dakota from October 1995, to August 2002, and was President of the Associated School Boards of South Dakota from August 1999, to August of 2000. She was also active in the National School Boards Association; and

     WHEREAS,  she has worked diligently with strategic planning; administrator and board goal planning and evaluation; and the initiation of planning retreats for the school board and administration. Ms. Russell was on the negotiations team for the Hot Springs School Board where she was instrumental in initiating the positive process still in place at Hot Springs; and

     WHEREAS,  she has given freely of her personal time, resources, and talents supporting existing and proposed programs to meet the educational needs of the Hot Springs School District, including: the purchase of additional land for future campus expansion, an addition to the elementary school, and the building of a school/community center to enhance community involvement:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-eighth Legislature of the State of South Dakota, that Deborah Russell be congratulated on her selection as South Dakota's 2002-2003 Outstanding School Board Member of the year.

     Rep. Hanson moved that the House do now adjourn, which motion prevailed and at 1:42 p.m. the House adjourned.

Karen Gerdes, Chief Clerk