The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Father Darrell Lamberty, followed by the Pledge
of Allegiance led by House page Casey Jacobson.
Roll Call: All members present except Rep. Hagen who was excused.
The Committee on Commerce respectfully reports that it has had under consideration SB
82 and returns the same with the recommendation that said bill do pass and be placed on the
Consent Calendar.
"Affiliate," any person who, directly or indirectly, through one or more intermediaries,
controls, is controlled by, or is under common control with an insolvent insurer on December
thirty-first of the year immediately preceding the date the insurer becomes an insolvent insurer.
"
And that as so amended said bill do pass and be placed on the Consent Calendar.
The Committee on Commerce respectfully reports that it has had under consideration HB
1037 which was deferred to the 41st legislative day.
The Committee on Education respectfully reports that it has had under consideration HB
1013 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration SCR
1 and returns the same with the recommendation that said resolution be concurred in and be
placed on the Consent Calendar.
The Committee on Taxation respectfully reports that it has had under consideration HB
1034 and returns the same with the recommendation that said bill do pass.
The Committee on Appropriations respectfully reports that it has had under consideration
HB 1039 and returns the same with the recommendation that said bill do pass and be placed on
the Consent Calendar.
I have the honor to transmit herewith SB 45, 68, and 84 which have passed the Senate and
your favorable consideration is respectfully requested.
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.
H2-2. The Speaker may have any member of the House temporarily removed in order to
preserve order and decorum.
H2-3. 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.
Nays were:
Collier; Davis; Kazmerzak; Lockner; Lucas
Excused were:
Hagen
Absent and Not Voting were:
Gleason
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.
Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 24th, the 9th legislative day.
Which motion prevailed.
HB 1067
Introduced by:
Representative Broderick and Senator Munson (David)
FOR AN ACT ENTITLED, An Act
to revise the period of time a bank is allowed to hold
overdrafts as an asset.
Was read the first time and referred to the Committee on Commerce.
HB 1068
Introduced by:
Representatives Napoli, Belatti, Cutler, DeMersseman, Gabriel,
Hagg, Koskan, McNenny, Pederson (Gordon), Pummel, and Schaunaman and Senators Aker,
Drake, Hunhoff, Lawler, Morford-Burg, Thompson, and Vitter
FOR AN ACT ENTITLED, An Act
to provide for six-person juries in small claims actions.
Was read the first time and referred to the Committee on Judiciary.
HB 1069
Introduced by:
Representative Volesky
FOR AN ACT ENTITLED, An Act
to repeal the provisions which allow a single straight
party vote.
Was read the first time and referred to the Committee on State Affairs.
HB 1070
Introduced by:
Representatives Brosz, Belatti, Broderick, DeMersseman,
Gleason, Konold, Pederson (Gordon), Roe, and Schaunaman and Senators Aker, Halverson,
Lawler, and Thompson
FOR AN ACT ENTITLED, An Act
to require payment of sales commissions after
termination of employment.
Was read the first time and referred to the Committee on Commerce.
HB 1071
Introduced by:
Representatives Hunt and Brooks and Senator Munson (David)
FOR AN ACT ENTITLED, An Act
FOR AN ACT ENTITLED, An Act to require that
certain juveniles register with the sex offender registry and to revise the age for certain sex
crimes.
Was read the first time and referred to the Committee on Judiciary.
HB 1072 Introduced by: Representative Hunt and Senator Whiting
HB 1073
Introduced by:
Representative Hunt and Senator Everist
FOR AN ACT ENTITLED, An Act
to provide access to presentence reports to all parties
before imposition of sentence.
Was read the first time and referred to the Committee on Judiciary.
HB 1074
Introduced by:
Representatives Brown (Jarvis), de Hueck, Eccarius, and
Matthews and Senators Whiting and Hunhoff
FOR AN ACT ENTITLED, An Act
to provide for the legal description of certain plats.
Was read the first time and referred to the Committee on Judiciary.
HB 1075
Introduced by:
Representatives Eccarius, Brown (Richard), DeMersseman,
Derby, Duniphan, Fitzgerald, Hagg, Konold, Madden, Pederson (Gordon), and Wick and
Senators Everist, Ham, Lawler, Olson, Paisley, Shoener, and Whiting
FOR AN ACT ENTITLED, An Act
to provide for statewide limited open enrollment of
students in public school districts in which they do not reside.
Was read the first time and referred to the Committee on Education.
HB 1076
Introduced by:
Representatives Brooks, Brown (Richard), DeMersseman,
Duniphan, Fischer-Clemens, and Hunt and Senators Munson (David), Aker, Everist, Hainje,
Hutmacher, and Olson
FOR AN ACT ENTITLED, An Act
to provide that the school district of residence of
certain foster children is the resident district of the foster parent.
Was read the first time and referred to the Committee on Education.
HB 1051: FOR AN ACT ENTITLED, An Act to transfer the regulation of mortgage brokers from the Real Estate Commission to the Division of Banking.
The question being "Shall HB 1051 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; 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; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Nays were:
Volesky
Excused were:
Hagen
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. de Hueck requested that HB 1046 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
HB 1006:
FOR AN ACT ENTITLED, An Act
to repeal certain taxes on express
companies.
Was read the second time.
The question being "Shall HB 1006 pass?"
Excused were:
Hagen
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. Lee requested that HB 1030 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
Rep. Madden moved that HB 1002 be deferred until Monday, January 27th, the 10th
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1019:
FOR AN ACT ENTITLED, An Act
to revise which candidates that the
provisions concerning campaign financing apply to.
Was read the second time.
The question being "Shall HB 1019 pass as amended?"
Nays were:
Belatti; Moore
Excused were:
Hagen
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 1026:
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 second time.
The question being "Shall HB 1026 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; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; 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:
Collier
HB 1049:
FOR AN ACT ENTITLED, An Act
to establish an insurance examination fund
and prescribe certain requirements for insurers subject to examination.
Was read the second time.
The question being "Shall HB 1049 pass as amended?"
And the roll being called:
Yeas 65, Nays 4, 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; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; 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:
de Hueck; Fiegen; Gabriel; Windhorst
Excused were:
Hagen
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
HB 1007:
FOR AN ACT ENTITLED, An Act
to repeal certain taxes on telegraph
companies.
Was read the second time.
The question being "Shall HB 1007 pass?"
Excused were:
Hagen
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 1010:
FOR AN ACT ENTITLED, An Act
to revise the definitions of real and personal
property.
Was read the second time.
The question being "Shall HB 1010 pass?"
And the roll being called:
Yeas 60, Nays 8, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; 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; Haley; Hassard;
Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan;
Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt;
Sperry; Van Gerpen; Weber; Wetz; Wick; Speaker Hagg
Nays were:
Barker; Davis; Lockner; Lucas; Schrempp; Sokolow; Volesky; Waltman
Excused were:
Hagen
Rep. Gabriel moved that the House do now recess for the Joint Memorial Service, which
motion prevailed and the House was recessed.
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of fifteen former members of the South Dakota Legislature, namely: the Honorable Oscar
Austad, the Honorable Boyd Bennett, the Honorable Hilbert Bogue, the Honorable Simon
Chance, the Honorable Gerald Giving, the Honorable Norval Gullickson, the Honorable
Marvis Hogen, the Honorable Charles Larkin, the Honorable Kenneth Marsden, the Honorable
John McCart, the Honorable Richard Negstad, the Honorable Fred Nichol, the Honorable
Herman Paulson, the Honorable Lloyd Schrag, and the Honorable Marshall Truax; and
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can
self-government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of
Representatives of the Seventy-second Session of the Legislature of the State of South Dakota
duly convened in recess session in recognition of the useful lives and unfailing devotion to the
interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity
to the highest principles of American citizenship by these honorable people, that the Senate and
the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Seventy-second Session of the Legislature of
the State of South Dakota, now assembled this 23rd day of January, 1997, at Pierre, South
Dakota.
The Joint Session was dissolved and the House reconvened at 3:37 p.m., the Speaker
presiding.
The question being "Shall HB 1032 pass?"
And the roll being called:
Yeas 61, Nays 3, Excused 2, Absent and Not Voting 4
Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duxbury;
Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; 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; Sperry;
Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Fiegen; Sokolow; Van Gerpen
Excused were:
Belatti; Hagen
Absent and Not Voting were:
Duniphan; Haley; Koetzle; Weber
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 1033:
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 second time.
The question being "Shall HB 1042 pass as amended?"
And the roll being called:
Yeas 44, Nays 25, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cutler; de Hueck;
DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel;
Hassard; Hunt; Jaspers; Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Madden; Matthews;
McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel;
Putnam; Richter; Roe; Schaunaman; Smidt; Van Gerpen; Volesky; Wetz; Wick; Speaker Hagg
Nays were:
Barker; Broderick; Cerny; Chicoine; Collier; Crisp; Davis; Duxbury; Fischer-Clemens;
Gleason; Haley; Johnson (Doug); Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Rost;
Schrempp; Sokolow; Sperry; Waltman; Weber; Windhorst
Excused were:
Hagen
Rep. Gabriel announced his intention to reconsider the vote by which HB 1042 lost.
HB 1028:
FOR AN ACT ENTITLED, An Act
to revise certain requirements pertaining to
controlled substances.
Was read the second time.
The question being "Shall HB 1028 pass?"
And the roll being called:
Yeas 51, Nays 18, Excused 1, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp;
Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen;
Fischer-Clemens; Gabriel; Gleason; Haley; Hassard; Jorgensen; Kazmerzak; Koetzle; Konold;
Lee; Lockner; Lucas; Madden; McNenny; Moore; Munson (Donald); Pederson (Gordon);
Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Speaker Hagg
Nays were:
Apa; Broderick; Collier; Cutler; Duenwald; Fitzgerald; Hunt; Jaspers; Johnson (Doug);
Kooistra; Koskan; Kredit; Matthews; Monroe; Napoli; Weber; Wick; Windhorst
Excused were:
Hagen
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 1029:
FOR AN ACT ENTITLED, An Act
to revise certain requirements pertaining to
the placement of physician assistants.
Was read the second time.
The question being "Shall HB 1029 pass?"
Nays were:
Collier
Excused were:
Hagen
Absent and Not Voting were:
Brosz
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.
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 authority of a special interim legislative committee to approve the transfer of
appropriated funds.
Was read the second time.
The question being "Shall HJR 1001 pass?"
And the roll being called:
Yeas 64, Nays 4, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Duxbury;
Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee;
Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
Hagen
Absent and Not Voting were:
Weber
So the resolution having received an affirmative vote of a majority of the members-elect,
the Speaker declared the resolution passed and the title was agreed to.
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 second time.
Rep. Lucas moved that HJR1002 be deferred until Friday, January 24th, the 9th legislative
day.
Which motion lost.
Rep. Hunt moved the previous question.
Which motion prevailed.
The question being "Shall HJR 1002 pass?"
And the roll being called:
Yeas 30, Nays 39, Excused 1, Absent and Not Voting 0
Yeas were:
Barker; Brooks; Brown (Richard); Collier; Cutler; Duxbury; Eccarius; Gabriel; Haley; Hunt;
Jaspers; Jorgensen; Koetzle; Kooistra; Lee; Matthews; McNenny; Munson (Donald); Peterson
(Bill); Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Van Gerpen; Volesky;
Waltman; Speaker Hagg
Nays were:
Apa; Belatti; Broderick; Brosz; Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; de Hueck;
DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Fiegen; Fischer-Clemens; Fitzgerald;
Gleason; Hassard; Johnson (Doug); Kazmerzak; Konold; Koskan; Kredit; Lockner; Lucas;
Madden; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Sokolow; Sperry; Weber;
Wetz; Wick; Windhorst
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 second time.
Rep. Gabriel moved that HJR1005 be deferred until Tuesday, January 28th, the 11th
legislative day.
Which motion prevailed and the bill was so deferred.
Rep. Gabriel moved that HB 1031 and 1053 be deferred until Friday, January 24th, the 9th
legislative day.
Which motion prevailed and the bills were so deferred.
SB 68:
FOR AN ACT ENTITLED, An Act
to move the Crime Victims Compensation
Program from the Department of Corrections to the Department of Social Services.
Was read the first time and referred to the Committee on Judiciary.
SB 84:
FOR AN ACT ENTITLED, An Act
to require persons to show evidence of
financial responsibility before certain motor vehicles can be registered.
Was read the first time and referred to the Committee on Commerce.
Rep. Moore moved that the House do now adjourn, which motion prevailed, and at 4:59
p.m. the House adjourned.