JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 22, 1997

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

     The prayer was offered by the Chaplain, Father John Shepard, followed by the Pledge of Allegiance led by House page Angela Nielsen.

     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 sixth 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 Taxation respectfully reports that it has had under consideration HB 1007, 1010, 1032, and 1033 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1004 which was deferred until the 41st legislative day.



Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill be amended as follows:

r-1041
     On page 1 , line 6 of the printed bill , before " . " insert " unless the hearing concerns the revocation of the prisoner's parole " .

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Chair



Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and 1029 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001, 1002, and 1005 and returns the same with the recommendation that said resolutions do pass.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003 which was deferred until the 41st legislative day.


Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1030 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 Transportation respectfully reports that it has had under consideration HB 1031 and 1053 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1036 which was deferred until the 41st legislative day.

Respectfully submitted,
John Koskan, Chair




REPORTS OF SELECT COMMITTEES


    Your Select Committee appointed on house discipline respectfully reports that it has had under consideration the Joint Rules, the House rules, and Mason's manual, and recommends that when the House rules of the Seventy-second Legislative Session are adopted the following two new rules be included:

1.    The Speaker may have any member of the House temporarily removed in order to preserve order and decorum.

2.    Either upon written motion from the floor or a written complaint of disorderly conduct of any member filed with the Speaker by any two members and made within two (2) legislative days following the alleged misconduct, the Speaker may appoint a disciplinary committee for purposes of receiving testimony and evidence regarding the alleged misconduct. The committee shall report its findings and recommendations to the body within three (3) legislative days following the appointment of the committee. The committee may dismiss the complaint or in addition to, or in lieu of, expulsion under Joint Rule 1-11, recommend appropriate sanctions, including but not limited to, restricting or withholding a member's speaking privileges on the floor for a reasonable period of time, direct that an apology be made to the body, issue an oral or written reprimand, or issue such other punishment as the committee deems appropriate. The committee report setting forth such recommendation may not be amended but shall be subject to the approval of a majority vote of the members-elect.

Respectfully submitted,
Kenneth McNenny
Carol Fitzgerald
Patricia de Hueck
Craig Schaunaman
Robert Duxbury


     Rep. McNenny moved that the report of the House Select Committee on discipline be adopted.

     Which motion prevailed and the report of the House Select Committee was adopted.


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 1, 2, 4, and 46 which have passed the Senate and your favorable consideration is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1002 in which the Senate has concurred.


Respectfully,
PATRICIA ADAM, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Local Government on HB 1019 as found on page 68 of the House Journal; also

     Agriculture & Natural Resources on HB 1026 as found on page 69 of the House Journal; also

     Commerce on HB 1051 as found on page 74 of the House Journal; also

     Commerce on HB 1046 as found on page 73 of the House Journal; also

     Commerce on HB 1049 as found on page 74 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1060   Introduced by:  Representative Volesky

     FOR AN ACT ENTITLED, An Act  to repeal the inheritance tax.

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

     HB 1061   Introduced by:  Representatives Brosz, Belatti, Brown (Jarvis), DeMersseman, Duniphan, Gleason, Konold, Matthews, Moore, and Napoli and Senators Shoener, Drake, Frederick, and Whiting

     FOR AN ACT ENTITLED, An Act  to establish the crime of enticing a child and to provide a penalty therefor.

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


     HB 1062   Introduced by:  Representatives Moore, Belatti, Fischer-Clemens, Hagen, Matthews, Munson (Donald), Schrempp, and Sperry and Senators Hunhoff, Everist, and Lawler

     FOR AN ACT ENTITLED, An Act  to allow more time for a mental illness hearing.

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

     HB 1063   Introduced by:  Representatives Moore, Belatti, Fischer-Clemens, Hagen, Matthews, Munson (Donald), Schrempp, and Sperry and Senators Hunhoff, Everist, and Lawler

     FOR AN ACT ENTITLED, An Act  to require the state to reimburse expenses of mental illness proceedings incurred in behalf of residents of Indian reservations.

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

     HB 1064   Introduced by:  Representative Hunt and Senators Everist and Whiting

     FOR AN ACT ENTITLED, An Act  to permit a judge or clerk of courts to fix a time and place for hearing on certain probate and trust matters.

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

     HB 1065   Introduced by:  Representatives Hagg, Brosz, Cutler, de Hueck, Derby, Hunt, and Madden and Senators Rounds, Everist, Halverson, and Shoener

     FOR AN ACT ENTITLED, An Act  to increase the minimum wage and to declare an emergency.

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

     HB 1066   Introduced by:  Representatives Duxbury, Barker, Brown (Jarvis), Gabriel, Gleason, Pederson (Gordon), Schaunaman, and Weber and Senators Morford-Burg, Albers, Drake, Halverson, Hutmacher, Johnson (William), and Symens

     FOR AN ACT ENTITLED, An Act  to permit an election to be delayed under certain weather conditions.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1018:   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 second time.

     The question being "Shall HB 1018 pass?"

     And the roll being called:

     Yeas 70, Nays 0, 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; Kazmerzak; 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; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; 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.

     Rep. McNenny requested that HB 1002 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1052:   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 second time.

     The question being "Shall HB 1052 pass?"

     And the roll being called:

     Yeas 69, 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; Kazmerzak; 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; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg



     Nays were:
Windhorst

     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 1001:   FOR AN ACT ENTITLED, An Act  to permit the promulgation of emergency rules to mitigate financial loss to state government.

     Was read the second time.

     The question being "Shall HB 1001 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, 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; Kazmerzak; 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; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; 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.

     HB 1009:   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 second time.

     The question being "Shall HB 1009 pass as amended?"


     And the roll being called:

     Yeas 68, Nays 1, Excused 1, 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; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Volesky

     Excused were:
Putnam

     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 1015:   FOR AN ACT ENTITLED, An Act  to revise certain provisions authorizing health insurance coverage by municipalities, counties, and school districts.

     Was read the second time.

     The question being "Shall HB 1015 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, 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; Kazmerzak; 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; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; 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.



     HB 1020:   FOR AN ACT ENTITLED, An Act  to revise requirements for declaration of candidacy.

     Was read the second time.

     The question being "Shall HB 1020 pass?"

     And the roll being called:

     Yeas 54, Nays 16, Excused 0, Absent and Not Voting 0

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

     Nays were:
Barker; Belatti; Brown (Jarvis); Collier; Crisp; Davis; Fiegen; Hagen; Hassard; Kazmerzak; Lee; McNenny; Monroe; Schaunaman; Volesky; Windhorst

     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 1021:   FOR AN ACT ENTITLED, An Act  to establish an effective date for voter registration.

     Was read the second time.

     The question being "Shall HB 1021 pass?"

     And the roll being called:

     Yeas 69, 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; 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; 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; Wick; Windhorst; Speaker Hagg


     Nays were:
Cutler

     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 1043:   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 second time.

     The question being "Shall HB 1043 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; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; 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; Volesky; Waltman; Weber; Wetz; Windhorst; Speaker Hagg

     Nays were:
Fiegen

     Absent and Not Voting were:
Wick

     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 1:   FOR AN ACT ENTITLED, An Act  to codify the legislation passed in 1996.

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

     SB 2:   FOR AN ACT ENTITLED, An Act  to classify certain crimes.


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

     SB 4:   FOR AN ACT ENTITLED, An Act  to correct an omission in 1996 Senate Bill 225.

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

     SB 46:   FOR AN ACT ENTITLED, An Act  to expand the definition of sex crime for sex offender registration purposes.

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

     Rep. Barker moved that the House do now adjourn, which motion prevailed, and at 3:12 p.m. the House adjourned.

KAREN GERDES, Chief Clerk