JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 14, 1997

     BE IT REMEMBERED, That on the fourteenth day of January, A.D., one thousand nine hundred ninety-seven, at the hour of twelve o'clock meridian, on the second Tuesday in January, being the day and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Seventy-second regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the State of South Dakota, the seat of government thereof, was called to order by Joyce Hazeltine, the Secretary of State of the State of South Dakota.

     The following prayer was delivered by Pastor David Zellmer, Lutheran Memorial Church, Pierre, South Dakota, at the opening session of the House of Representatives:

    Our Heavenly Father, as we come together to open the legislative session of 1997, we remember and give thanks for the life of Senator Richard Negstad, we pray for all those who mourn his passing, especially for his wife and family. We pray for these men and women of the House of Representatives, who have been set apart for service by the people of South Dakota, that they might govern wisely. Bless all those who hold office in this state, that they may do their work in a spirit of wisdom, kindness, and justice. Help them to use their office faithfully and to promote the general welfare. In Christ's name we pray. Amen.

    The Pledge of Allegiance was led by House page Jill Spindler.


    I, JOYCE HAZELTINE, Secretary of State of the State of South Dakota, do hereby certify that the following members, having been duly elected to the House of Representatives at the general election held on November 5, 1996, are hereby certified as members of the House of Representatives of the 1997-1998 Legislative Session:

District No.  1     Day, Codington, Marshall, and Roberts Counties
        David Gleason - Claire City
        Mike Jaspers - Eden

District No.  2     Brown and Marshall Counties
        Steve Cutler - Claremont
        James Sperry - Bath

District No.  3    Brown and McPherson Counties
        Craig D. Schaunaman - Aberdeen
        Al Waltman - Aberdeen

District No.  4    Brookings, Deuel, and Grant Counties
        Robert R. Weber - Strandburg
         Larry Diedrich - Elkton
                
District No.  5    Codington County
        Claire B. Konold - Watertown
        Don Brosz - Watertown
        
District No.  6    Clark, Codington, Hamlin, Kingsbury, and Miner Counties
        Roger Lee - De Smet

District No.  7    Brookings County
        Orville B. Smidt - Brookings
         Robert A. Roe - Brookings
        
District No.  8    Lake, Minnehaha, and Moody Counties
        Richard Belatti - Madison
        Douglas W. Johnson - Elkton

District No.  9    McCook, Minnehaha, and Turner Counties
        Clarence Kooistra - Garretson
         Kevin R. Crisp - Dell Rapids
        
District No. 10     Lincoln and Minnehaha Counties
        Roger Brooks - Brandon
        Roger Hunt - Brandon

District No. 11     Minnehaha County
        Mitch Richter - Sioux Falls
        Kristie Fiegen - Sioux Falls
        


District No. 12     Minnehaha County
        Judy Rost - Sioux Falls

District No. 13     Minnehaha County
        Dana John Windhorst - Sioux Falls
        Linda K. Barker - Sioux Falls
        
District No. 14     Minnehaha County
        Bill Peterson - Sioux Falls
        Richard E. "Dick" Brown - Sioux Falls
        
District No. 15     Minnehaha County
        Kay Davis - Sioux Falls
        Gil Koetzle - Sioux Falls

District No. 16     Lincoln and Union Counties
        Roland Chicoine - Elk Point
        Mike Broderick - Canton
                
District No. 17     Clay and Turner Counties
        Gary A. Sokolow - Vermillion
        Caitlin F. Collier - Vermillion
        
District No. 18     Yankton County
        Donald E. Munson - Yankton
        Garry A. Moore - Yankton
                
District No. 19     Bon Homme, Douglas, and Hutchinson Counties
        Bill L. Van Gerpen - Tyndall
        J.E. "Jim" Putnam - Armour
        
District No. 20     Davison and Hanson Counties
        Deb Fischer-Clemens - Mitchell
        Dan Matthews - Mitchell

District No. 21    Beadle and Spink Counties
        Ron J. Volesky - Huron
        Pat Haley - Huron
        
District No. 22    Aurora, Buffalo, Hand, Jerauld, Sanborn, and Spink Counties
        Robert N. Duxbury - Wessington
        Joanne Lockner - Wessington

District No. 23    Campbell, Edmunds, Faulk, Hyde, Potter, and Walworth Counties
        Jay L. Duenwald - Hoven
        Jarvis W. Brown - Faulkton
        
District No. 24     Hughes, Lyman, Stanley, and Sully Counties


        Patricia de Hueck- Pierre
        Jeff Monroe - Blunt

District No. 25     Brule, Charles Mix, Gregory, and Lyman Counties
        Kenneth E. Kredit - Platte
        Bill Cerny - Burke
        
District No. 26    Bennett, Haakon, Jackson, Jones, Lyman, Melette, and Tripp Counties
        John Koskan - Wood
        Larry E. Gabriel - Cottonwood
        
District No. 27    Bennett, Shannon, and Todd Counties
        Richard "Dick" Hagen - Pine Ridge
        Larry Lucas - Mission

District No. 28A    Corson, Dewey, and Ziebach Counties
        Dean D. Schrempp - Lantry

District No. 28B    Butte, Corson, Harding, and Perkins Counties
        Kenneth Wetz - Newell

District No. 29     Butte and Meade Counties
        Willard Pummel - Belle Fourche
        Kenneth McNenny - Sturgis
        
District No. 30     Custer, Fall River, and Pennington Counties
        Gordon R. Pederson - Wall
        Helena Hassard - Hot Springs
        
District No. 31    Lawrence County
        Kay S. Jorgensen - Spearfish
        Jerry Apa - Lead
                
District No. 32    Pennington County
        Rex Hagg - Rapid City
        Michael DeMersseman - Rapid City

District No. 33    Meade and Pennington Counties
        J.P. Duniphan - Rapid City
        Carol E. Fitzgerald - Rapid City

District No. 34    Pennington County
        Scott Eccarius - Rapid City
        Michael Derby - Rapid City
        
District No. 35    Pennington County
        William "Bill" Napoli - Rapid City
        Cheryl B. Madden - Rapid City



    I also certify that a certificate of election signed for Douglas Kazmerzak after the general election in District 6 became null and void per SDCL 12-21-41 and a certificate of election signed for Arthur E. Fryslie in District 6 following a recount became null and void upon issuance of a Writ of Certiorari by the Supreme Court.

    I also certify that a certificate of election signed for John R. McIntyre after the general election in District 12 became null and void per SDCL 12-21-41 and a certificate of election signed for Hal Wick in District 12 following a recount became null and void upon issuance of a Writ of Certiorari by the Supreme Court.
    
    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of South Dakota, this 10th day of January, 1997.

    (SEAL)

JOYCE HAZELTINE

Secretary of State


    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, to the following Representatives-elect:

    Apa, Jerry     Jorgensen, Kay S.
    Barker, Linda K.    Koetzle, Gil
    Belatti, Richard    Konold, Claire B.
    Broderick, Mike    Kooistra, Clarence
    Brooks, Roger    Koskan, John
    Brosz, Don    Kredit, Kenneth E.
    Brown, Jarvis W.    Lee, Roger
    Brown, Richard E. "Dick"    Lockner, Joanne
    Cerny, Bill    Lucas, Larry
    Chicoine, Roland    Madden, Cheryl B.
    Collier, Caitlin F.    Matthews, Dan
    Crisp, Kevin R.    McNenny, Kenneth
    Cutler, Steve    Monroe, Jeff
    Davis, Kay    Moore, Garry A.
    de Hueck, Patricia    Munson, Donald E.
    DeMersseman, Michael    Napoli, William "Bill"    
    Derby, Michael    Pederson, Gordon R.
    Diedrich, Larry    Peterson, Bill
    Duenwald, Jay L.    Pummel, Willard
    Duniphan, J.P.    Putnam, J.E. "Jim"
    Duxbury, Robert N.    Richter, Mitch
    Eccarius, Scott    Roe, Robert A.
    Fiegen, Kristie    Rost, Judy
    Fischer-Clemens, Deb    Schaunaman, Craig D.
    Fitzgerald, Carol E.     Schrempp, Dean D.
    Gabriel, Larry E.    Smidt, Orville B.
    Gleason, David     Sokolow, Gary A.
    Hagen, Richard "Dick"    Sperry, James    


    Hagg, Rex    Van Gerpen, Bill L.
    Haley, Pat     Volesky, Ron J.
    Hassard, Helena B.    Waltman, Al
    Hunt, Roger    Weber, Robert R.        
    Jaspers, Mike    Wetz, Kenneth
    Johnson, Douglas W.    Windhorst, Dana John
    
    Which was subscribed to and placed on file in the office of the Secretary of State.

    When the roll was called, all members were present.


MOTIONS AND RESOLUTIONS


    Rep. Gabriel moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.

    The presiding officer announced that the nominations for Speaker of the House of Representatives were in order.

    Rep. Gabriel nominated Rep. Hagg as Speaker of the House of Representatives.

    And the roll being called:

    Those voting for Rep. Hagg were:
         Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown, (Jarvis); Brown, (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst

    Rep. Hagg having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives.

    Reps. Hunt, Richard Brown, Derby, and Koetzle were appointed to escort Rep. Hagg to the rostrum.

    The oath of office was administered to Rep. Hagg, Speaker of the House of Representatives, by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.


    Joyce Hazeltine, Secretary of State, turned the gavel over to Speaker Hagg.

    Speaker Hagg now presiding.

    Mr. Speaker announced that nominations for Speaker Pro tempore of the House of Representatives were now in order.

    Rep. Cutler nominated Rep. Hunt as Speaker Pro tempore.

    And the roll being called:

    Those voting for Rep. Hunt were:

     Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

    Those voting nay were:

Davis; Hagen; Koetzle; Lockner; Lucas; Schaunaman

     Rep. Hunt having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro tempore of the House of Representatives.

    Reps. Fitzgerald, Brooks, Koskan, and Cerny were appointed to escort Rep. Hunt to the rostrum.

    The oath of office was administered to Rep. Hunt, Speaker Pro tempore of the House of Representatives, by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Mr. Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.

    Rep. Gabriel nominated Ms. Karen Gerdes as Chief Clerk of the House of Representatives.

    And the roll being called:

    Those voting for Ms. Gerdes were:

Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;

Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

    Ms. Gerdes having received an affirmative vote of a majority of the members-elect, was declared duly elected.

    The oath of office was administered to Ms. Gerdes by the Honorable David Gilbertson, Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Speaker Hagg announced the appointment of the following employees of the House of Representatives for the Seventy-second Legislative Session:
    
    First Assistant to the Chief Clerk -- Martha Rankin

    Second Assistant to the Chief Clerk -- Barbara Butt

    Chief of Enrolling and Engrossing -- Minnie Haiwick

    Enrolling and Engrossing Assistant -- Marcia Bourk

    Index Clerk -- Gaytha Ten Eyck

    Chief Chaplain -- David Zellmer

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- Selmer Skotvold

    Assistant Sergeant at Arms -- Bob Voeltz

    Chief Documents Clerk -- Ambrose Schultz

    Secretary to the Majority Leader -- Clara Shelbourn

    Secretary to the Minority Leader -- Sarah Sharp

    Appropriations Secretary -- Arlene Krueger

    Committee Secretaries -- Margaret Nickels, Jenelle Busse, Beverly Jennings


    Pages (1st Term) -- Emily Blanchard, Stephen Cott, Priscilla Cushing, Keri Edwards,         Tabba Fristad, Clayton Gable, Casey Jacobson, Angela Nielsen, Brad Olson,         Johnathan Prins, Angela Rommereim, Jill Spindler, Lester Stearns.

    Pages    (2nd Term) -- Stana Donnelly, Winona Hagen, Jenny Hartung, Kristin Horton,         Catherine Houglum, Blaine Hyde, Elly Jo Kelley, Ryan Knutson, Jennifer Konic,         Joachim Schwiesow, Karl Sevig, Sarah Sunde, Patricia Tillman.
    
    Pages    (3rd Term) -- Miranda Aberle, Benjamin Blair, Brock Cutler, Amy Duxbury,         Scott Gessford, Adam Guerin, Karen Hart, Michael Lonneman, Erin McIntyre,         Heidi Reetz, Melissa Seiler, Laura Van Gerpen, Rhonda Voegeli, Jacey Wheeler.

    Pages    (4th Term) -- Andrew Bliss, Jordan Clark, Michelle Foster, Johnathan Handcock,
        Shawn Larson, Trisha Leimkuhl, Carrie Longwood, Sara Loyd, Ryan Miller,         Karin Simon, Naomi Torberson, Betsey Wick.

    Legislative Interns -- Nathan Aman, Michael Auger, Kevin Bartlett, Jamie Beisch, Craig         Harvey, Aubrie James, Robert Martinson, Theron McChesney, Patricia Nickisch,         Mark Proctor, Arminda Roduner, Alisha Van Dyke, Antoinette Williams.
    
    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, to the following employees:

    First Assistant to the Chief Clerk -- Martha Rankin

    Second Assistant to the Chief Clerk -- Barbara Butt

    Chief of Enrolling and Engrossing -- Minnie Haiwick

    Enrolling and Engrossing Assistant -- Marcia Bourk

    Index Clerk -- Gaytha Ten Eyck

    Chief Chaplain -- David Zellmer

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- Selmer Skotvold

    Assistant Sergeant at Arms -- Bob Voeltz

    Chief Documents Clerk -- Ambrose Schultz

    Secretary to the Majority Leader -- Clara Shelbourn

    Secretary to the Minority Leader -- Sarah Sharp

    Appropriations Secretary -- Arlene Krueger



    Committee Secretaries -- Margaret Nickels, Jenelle Busse, Beverly Jennings

    Pages    (1st Term) -- Emily Blanchard, Stephen Cott, Priscilla Cushing, Keri Edwards,
        Tabba Fristad, Clayton Gable, Casey Jacobson, Angela Nielsen, Brad Olson,         Johnathan Prins, Angela Rommereim, Jill Spindler, Lester Stearns.

    Legislative Interns -- Nathan Aman, Michael Auger, Kevin Bartlett, Jamie Beisch, Craig         Harvey, Aubrie James, Robert Martinson, Theron McChesney, Patricia Nickisch,         Mark Proctor, Arminda Roduner, Alisha Van Dyke, Antoinette Williams.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Rep. Gabriel moved that the permanent joint rules of the House and Senate of the Seventy- first Legislative Session be made the temporary joint rules of the House and Senate for the Seventy-second Legislative Session.

    The question being on Rep. Gabriel's motion that the permanent joint rules of the House and Senate of the Seventy-first Legislative Session be made the temporary joint rules of the House and Senate for the Seventy-second Legislative Session.

     And the roll being called:

     Yeas 67, Nays 0, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Schaunaman

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

MOTIONS AND RESOLUTIONS

    Rep. Gabriel moved 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 make arrangements for the Joint Session to hear the message of the Governor, the Honorable William J. Janklow.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Hunt, Cutler, and Haley.



    Rep. Gabriel moved 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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Hunt, Roe, and Lucas.

    Rep. Gabriel moved 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 relative to the joint rules for the two Houses for the Seventy-second Legislative Session.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Gabriel, Hagg, and Haley.

    Rep. Cutler moved 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 make arrangements for legislative days for members, officers, and employees of the House and Senate.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Cutler, Gabriel, and Haley.

    Rep. Cutler moved 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 for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy- second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Hagg, Gabriel, and Haley.

    Rep. Cutler moved 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 for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bill, and other legislative printing for the two Houses and the state offices with the full power to act.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Cutler, Hunt, and Lucas.

    Rep. Fiegen moved 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 for the purpose of selecting chaplains for the Seventy-second Legislative Session.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Fiegen, Monroe, and Cerny.


    Rep. Putnam moved 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 arrange for a memorial recognition of deceased former members of the House and Senate.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Putnam, Fitzgerald, and Cerny.

     Rep. Gabriel moved that a House Select Committee be appointed to meet relative to the rules of the House for the Seventy-second legislative session..

     Which motion prevailed and the Speaker appointed as such committee Reps. Hagg, Gabriel, Cutler, Hunt, Richter, Haley, and Lucas.

HOUSE SELECT COMMITTEE REPORT

MR SPEAKER:

    Your Select Committee appointed on House rules respectfully reports that it has had under consideration the House rules and recommends that the House rules of the Seventy-first Legislative Session with the following exceptions become the temporary rules.

    WHEREAS, Article III, Section 9 of the South Dakota Constitution provides that each house shall be the judge of the election returns and qualifications of its own members; and

    WHEREAS, certificates of election have not been issued in two separate elections in District 6 and District 12 which makes it likely that the House will be called upon to exercise its constitutional role as judge of its own election returns:

    NOW, THEREFORE, Your Select Committee appointed for the purpose of preparing House rules for the Seventy-second Legislative Session respectfully reports that the House rules of the regular session of the Seventy-first Legislative Session be made the temporary rules of the House during the Seventy-second Legislative Session with the following exceptions and that such printing of the temporary rules in the journal be dispensed with:

    Special Rule No. 1: None of the deadlines and posting requirements shall apply to the Seventy-second Legislative Session for any hearing, motion, or meeting of any select committee or committee of the whole regarding any legislative process concerning the judgment of election returns.

    Special Rule No. 2: All restrictions dealing with legislative counsel or agents entering the floor of the House shall be suspended during any legislative process concerning the judgment of election returns, and access to the floor of the House shall be governed by decisions of the presiding officer. However, if the House sits as a committee of the whole for such purpose, any legislative candidate, and counsel for any candidate, involved in a disputed election may enter the chamber for the sole purpose of making a presentation to the committee of the whole.


    Special Rule No. 3: No rules dealing with a call of the house shall apply to any legislative process concerning the judgment of election returns, except that the attendance of any member who has answered the initial roll call may be compelled by the presiding officer.

    Special Rule No. 4: The whole body of the House may, upon appropriate motion, convene in the nature of, but without the rules ordinarily pertaining to, a committee of the whole for the purpose of taking testimony and evidence, and may allow questions of counsel, candidates, and witnesses, regarding any legislative process concerning the judgment of election returns. However, the presiding officer may limit the time allotted to the parties and may restrict the questioning of the members.

    Special Rule No. 5. If there is a motion for the House to judge an election between two candidates by deciding for the one and against the other, the presiding officer shall, by lot, determine which candidate shall be represented by a green vote and which by a red vote, and the vote shall be taken by the electronic voting system.

    H3-1.   Appointment of standing committees. The speaker of the House of Representatives shall, with advice from the minority leader, appoint the members of the following standing committees with the number of members as indicated after each committee and shall appoint the chair and vice chair of each committee:

1. Agriculture and Natural Resources (13)
2. Appropriations (9) (10)
3. Commerce (13)
4. Education (13)
5. Government Operations and Audit (3)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Retirement Laws (5)
11. State Affairs (13)
12. Taxation (13)
13. Transportation (13)

    In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker pro tempore are members of the legislative procedure committee, and the speaker shall serve as chair of the legislative procedure committee.

Respectfully submitted,
REXFORD HAGG                ROGER HUNT
STEVE CUTLER                LARRY LUCAS
LARRY GABRIEL                MITCH RICHTER
PAT HALEY


    Rep. Gabriel moved that the House Select Committee Report relative to the temporary House Rules for the Seventy-second Legislative Session be adopted.

    And the roll being called:

     Yeas 67, Nays 0, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Schaunaman

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

     Rep. Gabriel moved that the House do now recess to resolve itself into a Committee of the Whole for the purpose of considering the election of members from District 6 and District 12.

    Which motion prevailed and at 1:20 p.m. the House was recessed.

COMMITTEE OF THE WHOLE
    
     Mr. Speaker presiding.

    The following persons testified concerning the election of the members from District 6 and District 12:

    Mr. Scott Heidepriem for candidates Wick and Fryslie.
    Ms. Linda Lea Viken for candidates Kazmerzak and McIntyre.

    Rep. Gabriel moved that the House recess for five minutes.

     Which motion prevailed.

    Following the recess Chris Nelson, Election Supervisor, Office of the Secretary of State, testified.

     Rep. Gabriel moved that the Committee of the Whole do now rise and that the House reconvene at 3:27 p.m..



     Rep. Haley moved that the House do not entertain the petition of Mr. Fryslie to judge the election returns from his legislative race and that the statutory process be completed.

    The Speaker stated that Rep. Haley's motion was in conflict with Special Rule #5 of the temporary House Rules.

     Rep. Haley requested that his motion be withdrawn. There being no objection Rep. Haley's motion was withdrawn.

     Rep. Haley moved that the House proceed with the election of the member from District 6.

     Rep. Gabriel moved that the House do now recess until 3:30 p.m., which motion prevailed and at 3:30 p.m., the House recessed.

RECESS


     The House reconvened at 4:11 p.m., the Speaker presiding.

     Rep. Haley requested that his motion to proceed with the election of the member from District 6 be withdrawn. There being no objection Rep. Haley's motion was withdrawn.

     Rep. Gabriel moved that the House proceed with the vote to determine the winner of District 6.

     The Speaker ruled that in accordance with Special Rule #5 of the temporary House rules a coin would be tossed to declare which candidate would choose red or green to represent him in the roll call vote.

     Rep. Collier rose to a point of information to clarify the motion.

     Rep. Collier   appealed the ruling of the chair concerning Special Rule #5 of the temporary House Rules as applied to Rep. Haley's motion to not entertain the petition of Mr. Fryslie.

    The question now being that Rep. Collier be granted her request to speak a second time on her appeal of the decision of the chair.


     And the roll being called:

     Yeas 36, Nays 32, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Broderick; Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; DeMersseman; Diedrich; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Hassard; Hunt; Jaspers; Jorgensen; Kredit; Lockner; Lucas; McNenny; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Windhorst; Speaker Hagg

     Nays were:
Belatti; Brooks; Brosz; Brown (Jarvis); Crisp; Cutler; Derby; Duenwald; Duniphan; Gabriel; Haley; Johnson (Doug); Koetzle; Konold; Kooistra; Koskan; Lee; Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Van Gerpen; Volesky; Wetz

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Collier was granted her request to speak the second time.

     Rep. Gabriel rose to speak the second time on sustaining the decision of the chair.

     The question being that Rep. Gabriel be granted his request to speak the second time on sustaining the decision of the chair.

     And the roll being called:

     Yeas 67, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

     Nays were:
Volesky
          So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Gabriel was granted his request to speak the second time.

    The question now being that the ruling of the chair be sustained.



     And the roll being called:

     Yeas 52, Nays 16, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Van Gerpen; Weber; Wetz; Windhorst; Speaker Hagg

     Nays were:
Barker; Cerny; Collier; Davis; de Hueck; Fischer-Clemens; Hagen; Haley; Koetzle; Lockner; Lucas; Schrempp; Sokolow; Sperry; Volesky; Waltman

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

    Rep. Lucas moved as a substitute motion that the House do not vote on electing a member from District 6.

    A roll call vote was requested and sustained.

    The question now being on Rep. Lucas' substitute motion that the House do not vote on electing a member from District 6.

     And the roll being called:

     Yeas 18, Nays 50, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Cerny; Collier; Davis; Fischer-Clemens; Gleason; Hagen; Haley; Koetzle; Lee; Lockner; Lucas; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

     Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Windhorst; Speaker Hagg

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


     The question now being on Rep. Gabriel's motion that the House proceed with the vote to determine the winner of District 6.

     And the roll being called:

     Yeas 57, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Van Gerpen; Weber; Wetz; Windhorst; Speaker Hagg

     Nays were:
Barker; Cerny; Collier; Davis; Gleason; Lockner; Schrempp; Sokolow; Sperry; Volesky; Waltman

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

     A coin was tossed. Members voting for Mr. Kazmerzak will vote green and those voting for Mr. Fryslie will vote red.

    Rep. Collier was excused from voting by a majority vote of the House.

     And the roll being called:

     Yeas 48, Nays 19, Excused 0, Absent and Not Voting 1

     Those voting green were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; DeMersseman; Diedrich; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Speaker Hagg

     Those voting red were:
Derby; Duenwald; Duniphan; Gabriel; Hassard; Jaspers; Johnson (Doug); Koskan; Madden; Matthews; McNenny; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Smidt; Wetz; Windhorst

     Not Voting were:
Collier



     Mr. Kazmerzak was declared the winner of District 6.

     Rep. Gabriel moved that the House now determine the winner of District 12.

     Rep. Lucas moved as a substitute motion that the statutory process be completed including a drawing of lots and the issuance of a certificate of election to the winner thereof.

    The question being on Rep. Lucas' substitute motion that the statutory process be completed including a drawing of lots and the issuance of certificate of election.

     And the roll being called:

     Yeas 21, Nays 46, Excused 0, Absent and Not Voting 1

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; Fischer-Clemens; Gleason; Hagen; Haley; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

     Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Weber; Wetz; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Duxbury

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

     The question now being on Rep. Gabriel's motion that the House determine the winner of District 12.


     And the roll being called:

     Yeas 48, Nays 19, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Windhorst; Speaker Hagg

     Nays were:
Barker; Cerny; Chicoine; Collier; Davis; Gleason; Hagen; Haley; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

     Absent and Not Voting were:
Duxbury

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the House proceeded to determine the winner in District 12.

     Rep. Lucas gave notice of his intent to dissent on the subsequent vote to be taken on the seating of a member from District 12.

     Rep. Collier refused to vote. A majority of the House members refused to grant her request to not vote. The Speaker asked Rep. Collier either to vote or leave the floor. Rep. Collier responded she would do neither. The Sergeant at Arms escorted Rep. Collier from the floor.

    Rep. Lucas refused to vote. The majority of the House members refused to grant his request to not vote. The Speaker asked Rep. Lucas either to vote or leave the floor. Rep. Lucas refused to do either. The Sergeant at Arms escorted Rep. Lucas from the floor.

     A coin was tossed. Members voting for Mr. Wick will vote green and those voting for Mr. McIntyre will vote red.


          And the roll being called:

     Yeas 46, Nays 20, Excused 0, Absent and Not Voting 2

     Those voting green were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van Gerpen; Weber; Wetz; Windhorst; Speaker Hagg

     Those voting red were:
Barker; Cerny; Chicoine; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Koetzle; Lee; Lockner; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

     Not Voting were:
Collier; Lucas

     Mr. Wick was declared the winner of District 12.

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


MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Wednesday, January 15th, the 2nd legislative day.

     Which motion prevailed.

     HCR1001   Introduced by:  Representatives Duxbury, Hagg, and Moore and Senators Everist, Lange, and Thompson at the request of the North Dakota/South Dakota Interim Study Commission

A CONCURRENT RESOLUTION,  Requesting the Legislative Research Council to study     methods by which South Dakota and North Dakota can collaborate to deliver government     services more efficiently.

     WHEREAS,  during the 1996 interim, the North Dakota/South Dakota Commission studied methods by which the two states could cooperate to provide government services more efficiently; and

     WHEREAS,  the North Dakota/South Dakota Commission identified several areas in which the two states are currently cooperating or could establish cooperative efforts to provide government services more efficiently; and

     WHEREAS,  because numerous opportunities for cooperation were identified that potentially have the ability to improve services or reduce costs in both states, further study of potential areas of cooperation may be necessary for implementation of cooperative efforts:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- Second Legislature of the State of South Dakota, the Senate concurring therein, that the Executive Board of the Legislative Research Council establish a committee of four senators and four representatives to work with a similar committee of North Dakota legislators to study methods by which South Dakota and North Dakota can collaborate to deliver governmental services more efficiently; and

     BE IT FURTHER RESOLVED,  that the committee solicit information and assistance from executive branch agencies to determine areas in which the states can collaborate to deliver governmental services more efficiently and cost-effectively; and

     BE IT FURTHER RESOLVED,  that the committee request reports annually from executive branch agencies regarding efforts to cooperate with agencies of North Dakota government; and

     BE IT FURTHER RESOLVED,  that the Executive Board of the Legislative Research Council report its findings and recommendations, together with any proposed legislation necessary to implement the recommendations, to the 1998 Legislature.

     The Speaker referred HCR 1001 to the Committee on State Affairs.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001   Introduced by:  Representative Cerny and Senators Shoener and Halverson at the request of the Interim Rules Review Committee

     FOR AN ACT ENTITLED, An Act  to permit the promulgation of emergency rules to mitigate financial loss to state government.

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

     HB 1002   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board

     FOR AN ACT ENTITLED, An Act  to revise certain provisions related to the registration of canceled livestock brands.


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

     HB 1003   Introduced by:  Representatives Gleason, Fitzgerald, and Waltman and Senators Hutmacher, Hunhoff, and Kleven at the request of the Interim Agriculture Products Committee

     FOR AN ACT ENTITLED, An Act  to increase the petroleum release compensation and tank inspection fee and to redistribute the revenue.

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

     HB 1004   Introduced by:  Representatives Brooks, Belatti, DeMersseman, Duniphan, and Koskan and Senator Whiting at the request of the Interim Criminal Code Revision Committee

     FOR AN ACT ENTITLED, An Act  to increase the penalty for failure to appear if a person is charged with a felony.

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

     HB 1005   Introduced by:  Representatives Cutler, Broderick, Pederson (Gordon), and Schaunaman and Senators Drake and Dennert at the request of the Interim Central Assessed Property Committee

     FOR AN ACT ENTITLED, An Act  to revise certain terms relating to true and full value.

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

     HB 1006   Introduced by:  Representatives Cutler, Broderick, Pederson (Gordon), and Schaunaman and Senators Dennert and Drake at the request of the Interim Central Assessed Property Committee

     FOR AN ACT ENTITLED, An Act  to repeal certain taxes on express companies.

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

     HB 1007   Introduced by:  Representatives Cutler, Broderick, Pederson (Gordon), and Schaunaman and Senators Dennert and Drake at the request of the Interim Central Assessed Property Committee

     FOR AN ACT ENTITLED, An Act  to repeal certain taxes on telegraph companies.

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


     HB 1008   Introduced by:  Representatives Chicoine, Haley, Koetzle, and Moore and Senators Kloucek, Hunhoff, and Hutmacher

     FOR AN ACT ENTITLED, An Act  to prohibit discriminatory pricing of drugs by manufacturers and to establish a penalty.

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

     HB 1009   Introduced by:  Representatives Munson (Donald) and Chicoine and Senators Johnson (William) and Morford-Burg at the request of the Interim Government Operations and Audit Committe

     FOR AN ACT ENTITLED, An Act  to allow the state auditor to temporarily draw on money between state funds in anticipation of revenue.

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

     HB 1010   Introduced by:  Representatives Jorgensen, Brown (Richard), Chicoine, and Gabriel and Senators Paisley and Kloucek at the request of the Interim Taxation Study Committee

     FOR AN ACT ENTITLED, An Act  to revise the definitions of real and personal property.

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

     HB 1011   Introduced by:  The Committee on State Affairs at the request of the State Auditor

     FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to earnings subject to garnishment.

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

     HB 1012   Introduced by:  Representatives Kooistra, Chicoine, Lucas, and Napoli and Senators Whiting, Halverson, Lawler, and Thompson

     FOR AN ACT ENTITLED, An Act  to raise the minimum driving age and to repeal the provisions for a restricted minor's permit.

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

     HB 1013   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs


     FOR AN ACT ENTITLED, An Act  to clarify that a local school board or governing body may set the school term for kindergarten programs and to revise certain requirements regarding the school term established by a local school board.

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

     HB 1014   Introduced by:  The Committee on State Affairs at the request of the Bureau of Personnel

     FOR AN ACT ENTITLED, An Act  to repeal certain provisions authorizing dual compensation for state employees.

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

     HB 1015   Introduced by:  The Committee on State Affairs at the request of the Bureau of Personnel

     FOR AN ACT ENTITLED, An Act  to repeal certain provisions authorizing health insurance coverage by municipalities, counties, and school districts.

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

     HB 1016   Introduced by:  Representative Belatti and Senator Whiting

     FOR AN ACT ENTITLED, An Act  to require the provision of health insurance coverage for diagnostic screening for prostate cancer.

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

     HB 1017   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule-making authority for implementing the voter's instructions on term limits.

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

     HB 1018   Introduced by:  The Committee on Local Government at the request of the Secretary of State

     FOR AN ACT ENTITLED, An Act  to repeal the sunset clause concerning compliance with the provisions of the Voting Rights Act Amendments of 1975.



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

     HB 1019   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to revise which candidates that the provisions concerning campaign financing apply to.

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

     HB 1020   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to revise requirements for declaration of candidacy.

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

     HB 1021   Introduced by:  The Committee on Local Government at the request of the State Board of Elections

     FOR AN ACT ENTITLED, An Act  to establish an effective date for voter registration.

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

     HB 1022   Introduced by:  The Committee on Commerce at the request of the One-Call Notification Board

     FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the one-call notification system.

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

     HB 1023   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to make an appropriation to replace the floor covering in the Berry-Wright Education Building on the campus of the South Dakota School for the Deaf.

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


     HB 1024   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to make an appropriation to replace the roof of the South Dakota School for the Visually Handicapped.

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

     HB 1025   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish, and Parks

     FOR AN ACT ENTITLED, An Act  to revise the requirements to obtain a shooting preserve operating permit, to revise the license requirements to hunt on a shooting preserve, and to provide for additional violations which are cause to revoke or suspend a shooting preserve operating permit.

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

     HB 1026   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish, and Parks

     FOR AN ACT ENTITLED, An Act  to revise provisions regarding the marking of certain shelters and the removal of certain shelters from the ice of public waters.

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

     HB 1027   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act  to transfer licensure of adult foster care homes from the Department of Social Services to the Department of Health and to revise the definition of an assisted living center.

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

     HB 1028   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act  to revise certain requirements pertaining to controlled substances.

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



     HB 1029   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

     FOR AN ACT ENTITLED, An Act  to revise certain requirements pertaining to the placement of physician assistants.

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

     HB 1030   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

     FOR AN ACT ENTITLED, An Act  to revise the functions of the Aeronautics Commission.

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

     HB 1031   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

     FOR AN ACT ENTITLED, An Act  to allow off-premise changeable electronic message signs in areas adjacent to the interstate and primary highway systems.

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

     HB 1032   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the procedures used to impose an additional or excess tax levy for property tax purposes.

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

     HB 1033   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to revise the process for computing the net income of certain financial institutions for bank franchise tax collection purposes.

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


     HB 1034   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to revise the definition of lodging establishment and campground for the purposes of the sales and use tax.

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

     HB 1035   Introduced by:  The Committee on Transportation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to revise certain provisions pertaining to the regulation of vehicle dealers, snowmobile dealers, and boat dealers.

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

     HB 1036   Introduced by:  The Committee on Transportation at the request of the Department of Revenue

     FOR AN ACT ENTITLED, An Act  to establish certain provisions regarding the requirement to register a large boat.

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

     HB 1037   Introduced by:  The Committee on Commerce at the request of the Department of Labor

     FOR AN ACT ENTITLED, An Act  to establish certain provisions regarding the collections of delinquent employer contributions to the unemployment insurance trust fund.

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

     HB 1038   Introduced by:  The Committee on Commerce at the request of the Department of Labor

     FOR AN ACT ENTITLED, An Act  to repeal certain reporting requirements of workers' compensation insurance carriers.

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

     HB 1039   Introduced by:  The Committee on Appropriations at the request of the Department of Military and Veterans Affairs


     FOR AN ACT ENTITLED, An Act  to transfer administration of the National Guard tuition reduction program.

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

     HB 1040   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to authorize the South Dakota Building Authority to construct a building to house the Sioux Falls Center for Public Higher Education.

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

     HB 1041   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act  to revise the requirements by which parole hearings may be held by teleconference.

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

     HB 1042   Introduced by:  The Committee on Judiciary at the request of the Department of Corrections

     FOR AN ACT ENTITLED, An Act  to require parolees released under the supervision of the Department of Corrections and the Board of Pardons and Paroles to pay supervision fees, to provide for the establishment of supervision fees, and to provide for the deposition of the fees.

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

     HB 1043   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

     FOR AN ACT ENTITLED, An Act  to revise the definition of a beginning farmer in regard to the Value Added Finance Authority.

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

     HB 1044   Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management


     FOR AN ACT ENTITLED, An Act  to make an appropriation for certain higher education grant programs.

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

     HB 1045   Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

     FOR AN ACT ENTITLED, An Act  to make an appropriation for the Mickelson Scholars Program.

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

     HB 1046   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to define unfair discrimination in the business of insurance.

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

     HB 1047   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to require property and casualty and health insurers to file actuarial opinions in accordance with the National Association of Insurance Commissioners Annual Statement Instructions.

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

     HB 1048   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the property and casualty Insurance Guaranty Association.

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

     HB 1049   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to establish an insurance examination fund and prescribe certain requirements for insurers subject to examination.



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

     HB 1050   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to eliminate participation in the subsequent injury fund by self-insured employers and to revise certain other provisions regarding self-insured employers.

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

     HB 1051   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to transfer the regulation of mortgage brokers from the Real Estate Commission to the Division of Banking.

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

     HB 1052   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to the recording of the transportation and shipment of gaming devices.

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

     HB 1053   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

     FOR AN ACT ENTITLED, An Act  to revise certain provisions pertaining to the regulation of certain motor carriers transporting hazardous materials.

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

     HB 1054   The Committee on Appropriations at the request of the Board of Regents

     FOR AN ACT ENTITLED, An Act  to make an appropriation to construct an elevator in the Myklebust Recreation Center on the campus of the South Dakota School for the Deaf.

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


    HJR1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III of the Constitution of the State of South Dakota, relating to the autority of a special interim legislative committee to approve the transfer of appropriated funds.

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

     HJR1002:   A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 3 of the Constitution of the State of South Dakota, relating to qualifications for legislative office.

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

     HJR1003:   A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to staggered four-year senate terms and legislative term limits.

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

     HJR1004:   A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

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

    HJR1005:   A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to legislative term limits.

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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hunhoff as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for a Joint Session of the two Houses to receive the message of the Governor.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hunhoff as a committee of three on the part of the Senate to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hunhoff as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the joint rules for the Seventy-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Johnson, Aker, and Lange as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to securing chaplains for the Seventy-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Jim Dunn, Negstad, and Rebecca Dunn as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House Journals, and bills and other legislative printing for the two Houses and the state offices with the full power to act.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Halverson, Rounds, and Hunhoff as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and House.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Halverson, Rounds, and Hunhoff as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of fixing the compensation of the

elective and appointive officers and employees of the House and Senate for the Seventy-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Paisley, Shoener, and Morford-Burg as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of arranging for a memorial recognization of deceased former members of the Senate and House.

Respectfully,
PAT ADAM, Secretary

     Rep. Napoli moved that the House do now adjourn, which motion prevailed, and at 5:43 p.m. the House adjourned.

KAREN GERDES, Chief Clerk