House Journal 01/31/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 31, 1997

     The House convened at 1:00 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 Ryan Knutson.

     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 thirteenth 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,

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1001, 1011, 1014 and 1015 were delivered to his Excellency, the Governor, for his approval at 9:07 a.m., January 31, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 55 and 78 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 56 which was tabled.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1056 which was deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1102 and 1125 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has reconsidered HB 1057 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , after "killing" delete " big game " and insert "deer or antelope".

On page 1 , line 8 , delete " big " and insert "deer or antelope".

     On page 1 , line 9 , delete " game animals " .

    And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has reconsidered HB 1055 and returns the same with the recommendation that said bill do not pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1127 which was deferred to the 41st legislative day.

Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1099 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 SB 93 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 Judiciary respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

     On page 1 , line 8 of the printed bill , after " § 58-11-9.4 " insert ", if the excess or umbrella coverage is first offered to and rejected by the insured".

     On page 2 , line 3 , delete " exclusion is requested " and insert "excess or umbrella coverage is first offered to and rejected".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1096 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , delete " shall be a registered voter and " .

On page 1 , line 6 , delete " four " , and insert " six " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 1 of the printed bill , delete " If all charges " .

On page 2 , delete lines 2 to 4 , inclusive .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1083 and SB 94 which were deferred to the 41st legislative day.

Respectfully submitted,
Roger Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1018, 1021, 1028, and 1029 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 31, 33, 34, 35, 36, 37, 86, 90, 91, 101, 103, 104, 111, and 125 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1004 Introduced by: Representatives Schrempp, Apa, Barker, Cerny, Chicoine, Davis, Fischer-Clemens, Gleason, Haley, Kazmerzak, Koetzle, Lee, Lockner, Lucas, Madden, Moore, Schaunaman, Sperry, Volesky, Waltman, and Weber and Senators Lange, Hunhoff, and Kloucek

A CONCURRENT RESOLUTION, Urging the federal government to require that imported meat be labeled to disclose its country of origin.

WHEREAS, international competition in the area of livestock production and the production of meat is intensifying, with increasing quantities of meat entering the United States for public consumption in competition with domestic livestock producers; and

WHEREAS, the cattle industry in the United States has come under severe stress in recent times, threatening the livelihood of many American cattle producers; and

WHEREAS, meat, unlike most other imported consumer products, is not labeled to disclose its country of origin, leaving U. S. consumers unable to distinguish between meat that was produced in the United States and meat that was produced abroad; and

WHEREAS, the enforcement of meat labeling requirements by the individual states has proven to be a difficult task; and

WHEREAS, it is very likely that American consumers, if given the choice, would prefer to purchase American-made meat for themselves and their families:

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 Congress be urged to enact requirements for the labeling of imported meat that is offered for sale to U.S. retail consumers, food service providers, and meat processors.

Was read and referred to the Committee on Education.

HCR 1005 Introduced by: Representatives Hunt, Belatti, and Pederson (Gordon) and Senators Lawler and Aker

A CONCURRENT RESOLUTION, Urging the Board of Regents to make hospice care and pain management part of the core curriculum of the University of South Dakota Medical School and requesting the Department of Health to educate the public about the availability of hospice care and pain management for terminally ill persons.

WHEREAS, modern pain management is a relatively new and rapidly growing specialty; and

WHEREAS, the advances in understanding of the mechanisms of pain transmission have been accompanied by the development of new medications and techniques to modulate pain transmission and pain perception; and

WHEREAS, management of nearly all painful conditions can now be achieved, including pain due to cancer; and

WHEREAS, hospice care given in the last days or months of the life of a terminally ill person can, using knowledge of medications and techniques to control pain, provide palliative and supportive care to the person and the person's family in a way that effectively allows death to occur in a dignified and pain-free manner:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- second Legislative Session, the Senate concurring therein, that the Board of Regents be urged to make hospice care and pain management a part of the core curriculum of the University of South Dakota Medical School at Vermillion and that the South Dakota Department of Health be requested to educate the general public about the availability of hospice care and pain management to ease the last days of loved ones.

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

Rep. Schaunaman moved that HB 1204 be referred from the Committee on Judiciary to the Committee on Commerce.

Which motion prevailed and the bill was so referred.

     Rep. Munson (Donald) moved that the House do concur in the Senate amendments to HB 1009.

     The question being on Rep. Munson's motion that the House do concur in the Senate amendments to HB 1009.

     And the roll being called:

Yeas 67, Nays 2, 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; 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; Speaker Hagg

Nays were:
Fischer-Clemens; Koetzle

Excused were:
Windhorst

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and Senate amendments to HB 1009 were concurred in.

     SCR 2 : A CONCURRENT RESOLUTION, Urging the passage of a balanced budget amendment to the United States Constitution.

     Rep. Wick moved that SCR 2 as found on page 137 of the Senate Journal be concurred in.

     The question being on Rep. Wick's motion that SCR 2 be concurred in.

     And the roll being called:

     Yeas 65, Nays 2, Excused 1, Absent and Not Voting 2

     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; 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; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Collier; Hagen

Excused were:
Windhorst

Absent and Not Voting were:
Koetzle; Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Transportation on HB 1035 as found on page 210 of the House Journal; also

     Taxation on HB 1078 as found on page 211 of the House Journal; also

     Taxation on HB 1106 as found on page 212 of the House Journal; also

     Commerce on HB 1022 as found on page 212 of the House Journal; also

    Commerce on SB 80 as found on page 214 of the House Journal; also

     Local Government on HB 1124 as found on page 215 of the House Journal be adopted.


     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1210 Introduced by: Representatives Napoli, Crisp, Cutler, Duenwald, Gabriel, Hagen, Hassard, Jaspers, Koetzle, Kredit, Matthews, Moore, Pederson (Gordon), Putnam, Waltman, and Wick and Senators Aker, Benson, Drake, Flowers, Frederick, Halverson, Kleven, Morford- Burg, Olson, Staggers, Thompson, Valandra, and Vitter

     FOR AN ACT ENTITLED, An Act to allow the display of only one motor vehicle license plate on certain motor vehicles.

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

     HB 1211 Introduced by: Representatives Napoli, Apa, and Madden and Senator Drake

     FOR AN ACT ENTITLED, An Act to provide that a portion of the revenues from the excise tax on motor vehicles be distributed to county, municipal, and township governments.

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

     HB 1212 Introduced by: Representatives Kazmerzak, Brown (Jarvis), Crisp, and Schrempp and Senators Staggers, Lange, Lawler, and Morford-Burg

     FOR AN ACT ENTITLED, An Act to exempt transportation services, veterinarian services, animal speciality services, and gross receipts from certain auctions from sales and use tax.

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

     HB 1213 Introduced by: Representatives Cutler, Apa, Brooks, Gabriel, Hagg, Jorgensen, and Schrempp and Senators Halverson, Aker, Flowers, Rounds, and Whiting

     FOR AN ACT ENTITLED, An Act to provide a penalty for strikes by public employees.

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

     HB 1214 Introduced by: Representatives Cutler, Broderick, Brown (Richard), and Haley and Senators Everist and Kleven

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

     HB 1215 Introduced by: Representatives Waltman, Crisp, Lee, Lockner, and Roe and Senators Hunhoff and Kloucek

     FOR AN ACT ENTITLED, An Act to authorize the referral of certain county zoning decisions.

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

     HB 1216 Introduced by: Representative Brown (Richard) and Senator Everist

     FOR AN ACT ENTITLED, An Act to define the purpose of the Sioux Falls Center for Public Higher Education.

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

HB 1217 Introduced by: Representative Brown (Richard) and Senator Lawler

FOR AN ACT ENTITLED, An Act to increase the tax on cigarettes and other tobacco products.

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

     HB 1218 Introduced by: Representatives Jaspers and Matthews and Senator Halverson

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the detention of children in need of supervision and delinquent children.

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

     HB 1219 Introduced by: Representatives Weber, Monroe, and Waltman and Senator Flowers

     FOR AN ACT ENTITLED, An Act to limit political campaign advertising for the general election.

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

     HB 1220 Introduced by: Representatives Roe and Smidt and Senator Brown (Arnold)

     FOR AN ACT ENTITLED, An Act to clarify the jurisdictional limits of the Bureau of Information and Telecommunications over matters entrusted to the Board of Regents.

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

     HB 1221 Introduced by: Representatives Waltman, Gleason, Haley, Kazmerzak, Koetzle, Lee, Lucas, Schaunaman, Schrempp, Sperry, and Weber and Senators Dennert, Flowers, Hunhoff, Hutmacher, Kleven, and Morford-Burg

     FOR AN ACT ENTITLED, An Act to establish the value-added agricultural loan fund, to transfer funds from the revolving economic development and initiative fund, and to continuously appropriate the money in the fund.

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

HB 1222 Introduced by: Representatives Brown (Richard), Broderick, Lucas, Schaunaman, and Wetz and Senators Olson and Paisley

FOR AN ACT ENTITLED, An Act to establish a universal telecommunications service fund.

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

     HB 1223 Introduced by: Representative Hunt and Senator Halverson

     FOR AN ACT ENTITLED, An Act to provide for certain agency appeals to the Interim Rules Review Committee during the rules promulgation process.

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

     HB 1224 Introduced by: Representatives Diedrich, Apa, Belatti, Brooks, Crisp, Cutler, de Hueck, DeMersseman, Eccarius, Jaspers, Johnson (Doug), Koskan, Matthews, McNenny, Pummel, Van Gerpen, Weber, Wetz, and Wick and Senators Drake, Frederick, Hainje, Halverson, and Paisley

     FOR AN ACT ENTITLED, An Act to revise the tax refund provisions for agricultural facilities.

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

     HB 1225 Introduced by: Representatives Volesky, Chicoine, Davis, Duxbury, Fischer- Clemens, Hagen, Haley, Koetzle, Lee, and Lucas and Senators Lawler, Dennert, Flowers, Hunhoff, Hutmacher, Kloucek, Lange, Reedy, Symens, and Valandra

     FOR AN ACT ENTITLED, An Act to create a Legislative Ethics Committee in the House of Representatives and in the Senate.

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

     HB 1226 Introduced by: Representatives Volesky, Hagen, Haley, and Sokolow and Senator Valandra

     FOR AN ACT ENTITLED, An Act to create the South Dakota State-Tribal Economic Development Commission, to prescribe its duties and authority, and to make an appropriation therefor.

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

HB 1227 Introduced by: Representatives Jorgensen, Barker, Cutler, Fischer-Clemens, Hagen, Pederson (Gordon), Roe, and Schaunaman and Senators Everist, Dunn (Jim), Halverson, Morford-Burg, Munson (David), Olson, Shoener, Symens, Thompson, and Whiting

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulating of telecommunication services, to provide for a universal service fund, to provide for contributions to the fund, and to establish the use of the fund.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1080 : FOR AN ACT ENTITLED, An Act to revise certain restrictions pertaining to carrying on similar business within specified geographical areas in sales of good will.

Was read the second time.

     The question being "Shall HB 1080 pass?"

     And the roll being called:

     Yeas 67, Nays 2, Excused 1, 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; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Cutler; Volesky

Excused 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.

HB 1091 : FOR AN ACT ENTITLED, An Act to revise the definition for wages for the purposes of unemployment compensation.

Was read the second time.

     The question being "Shall HB 1091 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.

HB 1095 : FOR AN ACT ENTITLED, An Act to revise the procedure for changing a corporation's registered office or agent.

Was read the second time.

     The question being "Shall HB 1095 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; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
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.

HB 1097 : FOR AN ACT ENTITLED, An Act to return unemployment compensation experience-rating accounts to sellers in certain contract for deed transactions.

Was read the second time.

     The question being "Shall HB 1097 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.

HB 1116 : FOR AN ACT ENTITLED, An Act to repeal the time limit on compilation of municipal ordinances.

Was read the second time.

     The question being "Shall HB 1116 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.

HCR 1003 : A CONCURRENT RESOLUTION, Urging the federal government to authorize additional haying of Conservation Reserve Program lands.

Was read.

     The question being "Shall HCR1003 be adopted?"

     And the roll being called:

     Yeas 66, Nays 3, 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; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; 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; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
de Hueck; Gabriel; Richter

Absent and Not Voting were:
Duxbury

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared that HCR 1003 was adopted.

SB 27 : FOR AN ACT ENTITLED, An Act to revise the time frames for giving notice concerning local elections and the distribution of sample ballots.

Was read the second time.

The question being "Shall SB 27 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; 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:
Moore

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. Koetzle requested that SB 38 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 69 : FOR AN ACT ENTITLED, An Act to exempt certain information submitted to the Department of Agriculture from public disclosure requirements.

Was read the second time.

     The question being "Shall SB 69 pass?"

     And the roll being called:

     Yeas 65, Nays 5, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; 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; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cerny; de Hueck; Munson (Donald); 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1016 : FOR AN ACT ENTITLED, An Act to require the provision of health insurance coverage for diagnostic screening for prostate cancer.

Was read the second time.

     The question being "Shall HB 1016 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Belatti; Brosz; Brown (Jarvis); Cerny; Chicoine; Davis; de Hueck; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Kazmerzak; Koetzle; Konold; Lee; Lockner; Lucas; Madden; Moore; Peterson (Bill); Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber

Nays were:
Barker; Broderick; Brooks; Brown (Richard); Collier; Crisp; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Jorgensen; Kooistra; Koskan; Kredit; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Roe; Rost; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

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

Rep. Gabriel moved that HB 1065, 1121, and 1103 be deferred until Monday, February 3rd, the 15th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 31 : FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deferred compensation fund for public employees and to revise certain rule-making authority regarding the maximum annual benefits paid by the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 33 : FOR AN ACT ENTITLED, An Act to allow class B members of the South Dakota Retirement System to purchase certain public service as class B service.

Was read the first time and referred to the Committee on Retirement Laws.

SB 34 : FOR AN ACT ENTITLED, An Act to increase the retirement allowance for certain credited service under the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

SB 35 : FOR AN ACT ENTITLED, An Act to remove South Dakota Retirement System additional survivor protection payments as deductions against lump-sum payments.

Was read the first time and referred to the Committee on Retirement Laws.

SB 36 : FOR AN ACT ENTITLED, An Act to revise the method of calculating retirement benefits for South Dakota Retirement System members whose benefits are suspended upon reemployment after retirement.

Was read the first time and referred to the Committee on Retirement Laws.

SB 37 : FOR AN ACT ENTITLED, An Act to authorize the Board of Water and Natural Resources to contract for financial services, to provide for the confidentiality of certain proprietary information, and to authorize additional forms of financial assistance by the board.

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

SB 86 : FOR AN ACT ENTITLED, An Act to revise the standard of proof concerning whether certain acts of physicians are within the scope of their practice.

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

SB 90 : FOR AN ACT ENTITLED, An Act to provide for jury districts.

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

SB 91 : FOR AN ACT ENTITLED, An Act to clarify certain provisions concerning the enhancement of penalties for habitual criminals.

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

SB 101 : FOR AN ACT ENTITLED, An Act to provide for the payment of property taxes when a portion of the property has been purchased.

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

SB 103 : FOR AN ACT ENTITLED, An Act to increase the penalty for a driver of a motor vehicle who eludes a law enforcement officer.

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

SB 104 : FOR AN ACT ENTITLED, An Act to clarify the time when wages are due by the employer of a separated employee.

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

SB 111 : FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the valuation of the insurable interest of certain property insurance policies.

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

SB 125 : FOR AN ACT ENTITLED, An Act to revise the membership of the commission on uniform legislation.

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

SIGNING OF BILLS

     The Speaker publicly read the title to

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

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

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

     SB 45: FOR AN ACT ENTITLED, An Act to remove certain restrictions on public employees and public employee organizations and to declare an emergency.

     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.

     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.

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

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

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.

And signed the same in the presence of the House.

Rep. Wetz moved that the House do now adjourn, which motion prevailed, and at 2:31 p.m. the House adjourned.

KAREN GERDES, Chief Clerk