JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION




TWELFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 29, 1997

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Stana Donnelly.

     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 eleventh 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 Health and Human Services respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1079 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 Health and Human Services respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:
q-1016
     On page 1 , line 11 of the printed bill , delete " , transrectal ultrasonography, " .

     On page 1 , line 11 , after " and " insert " a " .

     On page 2 , line 1 , delete " recognized " and insert " indicated " .

     On page 2 , line 1 , delete " upon the recommendation of " and insert " at intervals recommended by " .

     On page 2 , line 2 , delete " transrectal ultrasonography, and " .

     On page 2 , line 3 , after " test " insert " , and bone scan " .

     On page 2 , line 11 , delete " , transrectal ultrasonography, " .

     On page 2 , line 11 , after " and " insert " a " .

     On page 2 , line 17 , delete " recognized " and insert " indicated " .

     On page 2 , line 17 , delete " upon the recommendation of " and insert " at intervals recommended by " .

     On page 2 , line 18 , delete " transrectal ultrasonography, and " .

     On page 2 , line 19 , after " test " insert " , and bone scan " .



On page 3 , line 2 , delete " , transrectal ultrasonography, " .

     On page 3 , line 2 , after " and " insert " a " .

     On page 3 , line 8 , delete " recognized " and insert " indicated " .

     On page 3 , line 8 , delete " upon the recommendation of " and insert " at intervals recommended by " .

     On page 3 , line 9 , delete " transrectal ultrasonography, and " .

     On page 3 , line 10 , after " test " insert " , and bone scan " .

     On page 3 , line 18 , delete " , transrectal untrasonography, " .

     On page 3 , line 18 , after " and " insert " a " .

     On page 3 , line 24 , delete " recognized " and insert " indicated " .

     On page 3 , line 24 , delete " upon the recommendation of " and insert " at intervals recommended by " .

     On page 4 , line 1 , delete " transrectal ultrasonography, and " .

     On page 4 , line 2 , after " test " insert " , and bone scan " .

     On page 4 , line 10 , delete " , transrectal ultrasonography, " .

     On page 4 , line 10 , after " and " insert " a " .

     On page 4 , line 16 , delete " recognized " and insert " indicated " .

     On page 4 , line 16 , delete " upon the recommendation of " and insert " at intervals recommended by " .

     On page 4 , line 17 , delete " transrectal ultrasonography, and " .

     On page 4 , line 18 , after " test " insert " , and bone scan " .

     On page 5 , line 2 , delete " , transrectal ultrasonography " .

     On page 5 , line 2 , after " and " insert " a " .

     On page 5 , line 8 , delete " recognized " and insert " indicated " .

     On page 5 , line 8 , delete " upon the recommendation of " and insert " at intervals recommended by " .


     On page 5 , line 9 , delete " transrectal ultrasonography, and " .

     On page 5 , line 10 , after " test " insert " , and bone scan " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1063 which was tabled.


Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 11 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 State Affairs respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill be amended as follows:

o-1065
     On page 1 of the printed bill , delete lines15 and 16 , insert:
"      60-11-3.1. Tips or other considerations received by a tipped employee may be credited by the employer toward the minimum wage provided in §   60-11-3 up to a maximum of fifty percent of the required minimum wage. Any employer of a tipped employee shall pay a cash wage of not less than two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference as additional wages for each regular pay period of the employer. "

     On page 2 , delete line 1 .



     On page 2 , between lines 5 and 6 , insert:
"     Section 5. That § 60-11-4.1 be amended to read as follows:

     60-11-4.1.   Any employee who is eighteen or nineteen years of age may be paid a training an opportunity wage as defined in section 6 of the Fair Labor Standards Amendments of 1989 1996 as of January 1, 1990 October 1, 1996 . "

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1057 which was deferred to the 41st legislative day.


Respectfully submitted,
Larry E. Gabriel, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1001, 1011, 1014, and 1015 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 50, 54, 92, 99, and 100 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary


CONSIDERATION OF REPORTS OF COMMITTEES



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

     Agriculture & Natural Resources on HB 1025 as found on page 164 of the House Journal; also

     Taxation on HB 1005 as found on page 165 of the House Journal; also

          Local Government on HB 1066 as found on page 165 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1140   Introduced by:  Representative Munson (Donald) and Senators Munson (David) and Everist

     FOR AN ACT ENTITLED, An Act   to revise the definition of a financial institution for nonprobate transfers.

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

     HB 1141   Introduced by:  Representatives Napoli, DeMersseman, Hassard, Kredit, Matthews, Monroe, and Wick and Senators Aker and Shoener

     FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning those vehicles that are acceptable for sale by an auction agency.

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

     HB 1142   Introduced by:  Representatives Monroe, Kredit, and Putnam and Senators Albers, Hunhoff, and Rounds

     FOR AN ACT ENTITLED, An Act   to revise and repeal certain provisions regarding the Division of Rehabilitation Services.

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

     HB 1143   Introduced by:  Representatives Cutler, Brosz, Brown (Richard), Haley, Koetzle, Lucas, Roe, Schaunaman, Sperry, and Waltman and Senators Paisley, Dennert, Dunn (Rebecca), Everist, Hunhoff, Hutmacher, Kloucek, Lawler, and Reedy

     FOR AN ACT ENTITLED, An Act   to require school boards to establish staff reduction and recall policies.

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

     HB 1144   Introduced by:    Representative Volesky



     FOR AN ACT ENTITLED, An Act   to provide for an open primary.

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

     HB 1145   Introduced by:  Representatives Haley, Crisp, Duxbury, Jorgensen, Lockner, Lucas, Matthews, and Volesky and Senators Flowers, Aker, Daugaard, Dennert, Dunn (Rebecca), Hunhoff, Lawler, Morford-Burg, Olson, Reedy, Rounds, Shoener, Staggers, Thompson, and Valandra

     FOR AN ACT ENTITLED, An Act   to revise the list of projects included in a special appropriation to the State Fair.

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

     HB 1146   Introduced by:  Representatives Crisp, Chicoine, Diedrich, Duxbury, McNenny, and Schaunaman and Senators Symens, Dennert, Drake, Kloucek, Morford-Burg, and Thompson

     FOR AN ACT ENTITLED, An Act   to make an appropriation for the support of the Northern Crops Institute.

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

     HB 1147   Introduced by:  Representatives Broderick and Volesky and Senators Everist and Daugaard

     FOR AN ACT ENTITLED, An Act   to provide for directed trusts.

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

     HB 1148   Introduced by:  Representatives Broderick, Duxbury, and Pummel and Senators Munson (David) and Hunhoff

     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to public deposits.

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

     HB 1149   Introduced by:  Representative Jorgensen and Senator Everist

     FOR AN ACT ENTITLED, An Act   to revise the support obligation of stepparents toward stepchildren.


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

     HB 1150   Introduced by:  Representatives Wetz, Brooks, Gabriel, Jaspers, Koskan, Madden, McNenny, Napoli, Richter, and Wick and Senators Aker, Everist, and Whiting

     FOR AN ACT ENTITLED, An Act   to repeal certain landfill disposal bans.

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

     HB 1151   Introduced by:  Representatives Fiegen, Brooks, Chicoine, Hassard, and Roe and Senators Munson (David), Lawler, and Paisley

     FOR AN ACT ENTITLED, An Act   to require motor vehicle passengers under the age of eighteen to wear a seat belt.

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

     HB 1152   Introduced by:  Representatives Hunt, Brooks, Duenwald, Fiegen, Fitzgerald, Hassard, Kazmerzak, Kooistra, Kredit, Matthews, Monroe, Napoli, Schrempp, Smidt, Van Gerpen, Waltman, and Weber and Senators Aker, Brown (Arnold), Drake, Johnson (William), Kloucek, Lange, Lawler, Staggers, Thompson, and Vitter

     FOR AN ACT ENTITLED, An Act   to provide for character development instruction in the school curriculum.

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

     HB 1153   Introduced by:  Representatives Hunt, Brooks, Haley, and Koetzle and Senators Munson (David), Flowers, and Shoener

     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the sale of interment space in perpetual care cemeteries.

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

     HB 1154   Introduced by:  Representatives Hunt, Duenwald, Koskan, and Monroe and Senator Johnson (William)

     FOR AN ACT ENTITLED, An Act   to affirm the right of a parent to have a traditional independent midwife present at the birth of a child.

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



     HB 1155   Introduced by:  Representatives Pederson (Gordon), Hassard, and Madden and Senator Vitter

     FOR AN ACT ENTITLED, An Act   to repeal the requirement that certain inactive employers establish new unemployment compensation experience-rating accounts.

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

     HB 1156   Introduced by:  Representative Koetzle and Senator Hainje

     FOR AN ACT ENTITLED, An Act   to revise provisions relating to overtime compensation for certain air rescue firefighters.

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

     HB 1157   Introduced by:  Representatives Volesky, Chicoine, Duxbury, Gleason, Haley, Koetzle, Lucas, Schaunaman, Waltman, and Weber and Senators Flowers, Hunhoff, and Symens

     FOR AN ACT ENTITLED, An Act   to appropriate money out of the budget reserve fund to assist in paying expenses associated with certain blizzards and to declare an emergency.

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

     HB 1158   Introduced by:  Representatives Chicoine, Kazmerzak, Lee, Lockner, Schrempp, Waltman, and Weber and Senators Kloucek, Hunhoff, Hutmacher, Lawler, and Symens

     FOR AN ACT ENTITLED, An Act   to prohibit certain hog farming operations that have committed environmental or other violations from operating in South Dakota.

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

     HB 1159   Introduced by:  Representatives Schaunaman, Crisp, Cutler, Diedrich, Jaspers, Sperry, and Waltman and Senators Symens, Dennert, Drake, Dunn (Jim), Flowers, and Hutmacher

     FOR AN ACT ENTITLED, An Act   to authorize the towing of certain anhydrous ammonia fertilizer tanks in combination.

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

     HB 1160   Introduced by:  Representative Napoli and Senators Albers and Shoener


     FOR AN ACT ENTITLED, An Act   to revise the definition of a large boat.

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

     HB 1161   Introduced by:  Representatives Kredit, Barker, and Belatti and Senators Munson (David), Hutmacher, and Shoener

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding temporary supplemental lots and authorizing temporary special events lots for selling of certain vehicles.

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

     HB 1162   Introduced by:  Representatives Gabriel, Cutler, DeMersseman, Haley, Hunt, Lucas, and Volesky and Senators Rounds, Halverson, Hunhoff, and Symens

     FOR AN ACT ENTITLED, An Act   to define the term, shall.

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

     HB 1163   Introduced by:  Representatives Jorgensen and Apa and Senator Dunn (Jim)

     FOR AN ACT ENTITLED, An Act   to provide a provision allowing any regional railroad authority to opt out of the taxing authority provided pursuant to chapter 49-17A.

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

     HB 1164   Introduced by:  Representatives Jorgensen and Hunt and Senators Whiting and Halverson

     FOR AN ACT ENTITLED, An Act   to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred or benefits reaped from the court actions.

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

     HB 1165   Introduced by:  Representatives Jorgensen and Richter and Senators Munson (David), Dunn (Jim), and Flowers

     FOR AN ACT ENTITLED, An Act   to provide for the powers and authority of the Board of Economic Development to make loans and administer certain provisions regarding economic development.

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



     HB 1166   Introduced by:  Representatives Haley, Cerny, Chicoine, Collier, Davis, Duxbury, Fischer-Clemens, Gleason, Hagen, Kazmerzak, Koetzle, Lee, Lockner, Lucas, Moore, Schaunaman, Schrempp, Sperry, Volesky, and Waltman and Senators Hunhoff, Dennert, Dunn (Rebecca), Flowers, Hutmacher, Kloucek, Lange, Lawler, Morford-Burg, Olson, Reedy, and Symens

     FOR AN ACT ENTITLED, An Act   to create the South Dakota Commission on Higher Pay, to prescribe its duties, and to make an appropriation therefor.

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

     HB 1167   Introduced by:  Representatives Cutler, Haley, Pederson (Gordon), Richter, Schaunaman, Sperry, and Wetz and Senators Halverson, Dennert, Drake, Lange, Morford-Burg, Olson, and Thompson

     FOR AN ACT ENTITLED, An Act   to revise the purposes for which rural electric cooperatives may be organized.

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

     HB 1168   Introduced by:  Representatives Cutler, Barker, DeMersseman, Jorgensen, Munson (Donald), Roe, and Schaunaman and Senator Paisley

     FOR AN ACT ENTITLED, An Act   to require certain tax exempt property to be annually assessed.

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

     HB 1169   Introduced by:  Representatives Cutler, Apa, Haley, Koskan, and Napoli and Senators Dunn (Jim), Flowers, and Shoener

     FOR AN ACT ENTITLED, An Act   to revise certain conditions on collecting real property taxes upon a single-family dwelling.

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

     HB 1170   Introduced by:  Representatives Cutler, Schaunaman, and Sperry and Senators Dennert and Lawler

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding shoplifting.

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



     HB 1171   Introduced by:  Representatives Cutler, Schaunaman, and Sperry and Senators Paisley and Dennert

     FOR AN ACT ENTITLED, An Act   to revise the types of property exempt from taxation.

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

     HB 1172   Introduced by:  Representatives Collier, Chicoine, de Hueck, Duxbury, Fischer- Clemens, Gleason, Hagen, Lee, Lucas, and Sokolow and Senators Kloucek, Everist, Morford- Burg, and Reedy

     FOR AN ACT ENTITLED, An Act   to allow court-ordered deposition of certain witnesses.

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

     HB 1173   Introduced by:  Representatives Collier, Barker, Belatti, Chicoine, Davis, de Hueck, Duxbury, Fischer-Clemens, Gleason, Hagen, Kazmerzak, Koetzle, Lee, Lockner, Lucas, Schrempp, and Van Gerpen and Senators Lange, Daugaard, Dunn (Rebecca), Kloucek, Lawler, and Olson

     FOR AN ACT ENTITLED, An Act   to require newborns to be screened for hearing impairment.

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

     HB 1174   Introduced by:  Representatives Collier and Hagen

     FOR AN ACT ENTITLED, An Act   to increase license fees for certain noncommercial motor vehicles.

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

     HB 1175   Introduced by:  Representatives Van Gerpen, Apa, Brown (Jarvis), Crisp, Gabriel, Haley, Jaspers, Moore, and Putnam and Senator Aker

     FOR AN ACT ENTITLED, An Act   to allow for a shorter regular school term for the 1996- 97 school term and to declare an emergency.

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

     HB 1176   Introduced by:  The Committee on Appropriations



     FOR AN ACT ENTITLED, An Act   to appropriate money for the expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and departments, for support and maintenance of the educational, charitable, and penal institutions, the South Dakota Veterans' Home, for maintenance of the state house, and for support and maintenance of the state guard.

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

     HB 1177   Introduced by:  Representatives Cerny, Fiegen, Sperry, and Wetz and Senators Dunn (Jim), Hutmacher, and Rounds

     FOR AN ACT ENTITLED, An Act   to permit cooperatives, rural electric cooperatives, and nonprofit corporations to conduct meetings by teleconference.

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

     HB 1178   Introduced by:  Representatives de Hueck, Brooks, Cerny, Diedrich, Fischer- Clemens, McNenny, and Sperry and Senators Symens, Drake, Dunn (Jim), and Hutmacher

     FOR AN ACT ENTITLED, An Act   make persons who fail to develop certain erosion and sediment control plans ineligible for certain state financial assistance.

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

     HB 1179   Introduced by:  Representatives de Hueck, Brosz, Brown (Richard), and Lucas and Senators Everist, Hutmacher, and Rounds

     FOR AN ACT ENTITLED, An Act   to allow school districts and other eligible agencies to prepare food for other entities under authority of the National School Lunch Act.

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

     HB 1180   Introduced by:  Representatives Gabriel, Cutler, Duxbury, Haley, Jorgensen, and Volesky and Senators Thompson, Dunn (Jim), Flowers, Halverson, Olson, and Symens

     FOR AN ACT ENTITLED, An Act   to clarify taxing authority for political subdivisions.

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

     HB 1181   Introduced by:  Representative Fiegen and Senator Lawler


     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding child protection teams.

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

     HB 1182   Introduced by:  Representatives Fiegen, Broderick, Chicoine, Davis, Diedrich, Duxbury, Eccarius, Fischer-Clemens, Fitzgerald, Kazmerzak, Koskan, Lucas, Monroe, Peterson (Bill), Smidt, and Van Gerpen and Senators Rounds, Brown (Arnold), Ham, and Lawler

     FOR AN ACT ENTITLED, An Act   to revise the places where vending machines selling tobacco products may be located.

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

     HB 1183   Introduced by:  Representatives Roe, Cutler, Fiegen, Lucas, Schaunaman, Sperry, and Waltman and Senators Brown (Arnold), Dunn (Rebecca), Lange, and Reedy

     FOR AN ACT ENTITLED, An Act   to revise the penalties for false reporting of a bomb.

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

     HB 1184   Introduced by:  Representatives Roe, Brooks, Diedrich, Fitzgerald, and Lucas and Senators Brown (Arnold), Lawler, and Reedy

     FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to school district elections.

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

     HB 1185   Introduced by:  Representatives Broderick, Duxbury, and Jorgensen and Senator Symens

     FOR AN ACT ENTITLED, An Act   to allow banks to purchase fractional shares of common stock for the purpose of canceling the fractional shares.

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

     HB 1186   Introduced by:  Representatives Matthews, Brosz, and Collier and Senators Morford-Burg, Lawler, and Thompson

     FOR AN ACT ENTITLED, An Act   to allow counties and municipalities to regulate use, distribution, marketing, and promotion of instant, on-line, or video lottery.


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

     HB 1187   Introduced by:  Representatives Weber, Chicoine, and Lee and Senators Kloucek and Hutmacher

     FOR AN ACT ENTITLED, An Act   to allow the referral of certain county actions regarding concentrated animal feeding operations and to establish certain restrictions on such operations.

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

     HB 1188   Introduced by:  Representatives Barker, Chicoine, Duniphan, Johnson (Doug), Jorgensen, Waltman, and Weber and Senators Hutmacher, Halverson, Kloucek, and Lange

     FOR AN ACT ENTITLED, An Act   to repeal the provisions concerning a candidate's support of congressional term limits.

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

     HB 1189   Introduced by:  Representatives Wick, Fiegen, Monroe, Peterson (Bill), and Smidt and Senators Staggers, Daugaard, Drake, Halverson, Munson (David), and Paisley

     FOR AN ACT ENTITLED, An Act   to provide a reward for any person providing information or evidence leading to the arrest and conviction of any person selling or distributing any alcohol products to any person under age, to provide for liquidated costs, to establish the Underage Enforcement Reward Fund, and to provide the authority to promulgate rules.

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

     HB 1190   Introduced by:  Representatives Wick, Fiegen, Monroe, Peterson (Bill), and Smidt and Senators Paisley, Daugaard, Drake, Halverson, Munson (David), and Staggers

     FOR AN ACT ENTITLED, An Act   to provide a reward for any person providing information or evidence leading to the arrest and conviction of any person selling or distributing any tobacco products to any person under age, to provide for liquidated costs, to establish the Underage Enforcement Reward Fund, and to provide the authority to promulgate rules.

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

     HB 1191   Introduced by:  Representatives Brown (Richard), Barker, Fiegen, Roe, and Schaunaman and Senators Everist, Halverson, and Olson

     FOR AN ACT ENTITLED, An Act   to repeal the entrepreneurial loan program.



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

SECOND READING OF CONSENT CALENDAR ITEMS


     Rep. Collier requested that HB 1038 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     HB 1047   :   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 second time.

     The question being "Shall HB 1047 pass?"

     And the roll being called:

     Yeas 69, 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; 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; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Koetzle

     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. Davis requested that HB 1067 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

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



     Was read the second time.

     The question being "Shall SB 3 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.

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

     Was read the second time.

     The question being "Shall SB 61 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.


HONORED GUESTS


     Rep. Gordon Pederson   introduced Louella Peterson, Outstanding School Board Member, from Hill City, South Dakota.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1074   :   FOR AN ACT ENTITLED, An Act   to provide for the legal description of certain plats.

     Was read the second time.

     The question being "Shall HB 1074 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 1058   :   FOR AN ACT ENTITLED, An Act   to authorize certain production of malt beverage and wine for personal or family use.

     Was read the second time.

     The question being "Shall HB 1058 pass?"

     And the roll being called:


     Yeas 66, Nays 4, 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; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; 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; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Fiegen; Hunt; Van Gerpen; Volesky

     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 50   :   FOR AN ACT ENTITLED, An Act   to authorize the Board of Regents to accept title to the swine test station facilities located on the campus of South Dakota State University.

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

     SB 54   :   FOR AN ACT ENTITLED, An Act   to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

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

     SB 92   :   FOR AN ACT ENTITLED, An Act   to increase certain fees for a clerk of court records search.

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

     SB 99   :   FOR AN ACT ENTITLED, An Act   to revise the grounds upon which a judge may waive consent of a parent to termination of parental rights for adoption.

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


     SB 100   :   FOR AN ACT ENTITLED, An Act   to permit all but one petitioner to waive personal appearance at a hearing for termination of parental rights.

     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 Transportation respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
John Koskan, Chair


     Rep. Brown (Richard) moved that the House do now adjourn, which motion prevailed, and at 2:37 p.m. the House adjourned.
KAREN GERDES, Chief Clerk