JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 21, 1997



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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by House page Angela Rommereim.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.
Respectfully submitted,
REX HAGG, Chair

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


MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1020 and 1021 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1018 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 Local Government respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

t-1019
     On page 1 , line 10 of the printed bill , after " county " insert " office " .

     On page 1 , line 11 , after " school " insert " board seat in a " .


     And that as so amended said bill do pass.


Respectfully submitted,
KAY JORGENSEN, Chair



Also MR. SPEAKER:

     The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1043 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

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

t-1026
     On page 1 , line 13 of the printed bill , delete " on " and insert " upon the ice of any " .


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
ROGER BROOKS, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 3, 19, 21, 52, 53, 61, 65, and 81 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and your concurrence is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

    
     SCR 1: A CONCURRENT RESOLUTION, Urging the South Dakota Board of Regents to continue to pursue collaborative efforts with the North Dakota State Board of Higher Education

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

CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Gabriel moved that the reports of the Standing Committee on

     State Affairs on HB 1001 as found on page 62 of the House Journal; also

     State Affairs on HB 1009 as found on page 62 of the House Journal; also

     State Affairs on HB 1015 as found on page 62 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1057   Introduced by:  Representatives Belatti, Diedrich, Johnson (Doug), Peterson (Bill), Pummel, and Van Gerpen and Senators Drake, Aker, Johnson (William), and Munson (David)

     FOR AN ACT ENTITLED, An Act  to allow certain party hunting practices in the hunting of big game.

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

     HB 1058   Introduced by:  Representatives Napoli, Brosz, Brown (Richard), DeMersseman, Duniphan, Jaspers, Madden, Pederson (Gordon), Putnam, Schaunaman, Waltman, and Windhorst and Senators Dunn (Jim), Drake, Kloucek, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act  to authorize certain production of malt beverage and wine for personal or family use.

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

     HB 1059   Introduced by:  Representatives Jorgensen and Schaunaman and Senators Dunn (Jim) and Olson

     FOR AN ACT ENTITLED, An Act  to allow the Gaming Commission to delegate its authority to approve the sale and exchange of slot machines between licensed gaming retailers.

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


HONORED GUESTS


     The Speaker   introduced Czech Days Queen, Joanie Sedlacek; Miss South Dakota Czech- Slovak Queen, Lolita Kotolik; Princess McKenzie Dvoracek and Prince Darren Krisz.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1011:   FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to earnings subject to garnishment.

     Was read the second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; 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; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; 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; Wick; Windhorst; Speaker Hagg

     Nays were:
Collier

     Absent and Not Voting were:
McNenny

     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 1014:   FOR AN ACT ENTITLED, An Act  to repeal certain provisions authorizing dual compensation for state employees.

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 37, Nays 33, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hunt; Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Putnam; Rost; Schaunaman; Schrempp; Sperry; Van Gerpen; Wick; Windhorst

     Nays were:
Barker; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duxbury; Fischer-Clemens; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Koetzle; Kredit; Lee; Lockner; Lucas; Monroe; Peterson (Bill); Pummel; Richter; Roe; Smidt; Sokolow; Volesky; Waltman; Weber; Wetz; Speaker Hagg

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 3:   FOR AN ACT ENTITLED, An Act  to remove an obsolete duty of the Board of Finance.

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

     SB 19:   FOR AN ACT ENTITLED, An Act  to provide for the investment by the state investment council of certain school and public lands funds.

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

     SB 21:   FOR AN ACT ENTITLED, An Act  to abolish straight-party voting and to revise certain provisions relating to election ballots.

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

     SB 52:   FOR AN ACT ENTITLED, An Act  to reclassify a certain state park to a state recreation area, to authorize a park license to be required at certain state recreation and lakeside use areas, and to declare an emergency.

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


     SB 53:   FOR AN ACT ENTITLED, An Act  to repeal certain provisions relating to the qualifications, compensation, and reimbursement of certain Department of Game, Fish and Parks employees.

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

     SB 61:   FOR AN ACT ENTITLED, An Act  to revise certain dates pertaining to references to the Internal Revenue Code.

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

     SB 65:   FOR AN ACT ENTITLED, An Act  to revise certain citations to federal statutes and regulations regarding pipeline safety.

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

     SB 81:   FOR AN ACT ENTITLED, An Act  to establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

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

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


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1052 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 Commerce respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill be amended as follows:

j-1046
    
     On page 1 , line 9 of the printed bill , after " section. " insert:
" The rules may include definition of terms, identification of specific underwriting or nonrenewal guidelines used by insurers which would violate or be in compliance with this section, and application practices which violate this section. In considering the adoption of any rule pursuant to this section the director shall consider how the rule may serve to implement the purpose of

preventing unfair discrimination as prohibited by this section and how the rule may impact the availability and price of insurance in this state. "

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


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill be amended as follows:

j-1049
     On page 2 , line 22 of the printed bill , delete " 58-33 " and insert " 58-3 " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill be amended as follows:

j-1051
     On page 1 , line 13 of the printed bill , delete " 36-21-A " and insert " 36-21A " .

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


Respectfully submitted,
ROBERT A. ROE, Chair

     Rep. Koskan moved that the House do now adjourn, which motion prevailed, and at 2:48 p.m. the House adjourned.

KAREN GERDES, Chief Clerk