JOURNAL OF THE HOUSE

SEVENTY-THIRD  SESSION




THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 15, 1998

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

     The prayer was offered by the Chaplain, Pastor Michelle Bradley, followed by the Pledge of Allegiance led by House page Briana Smith.

     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 second 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.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the joint rules for the two houses for the Seventy-third Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing compensation for the elective and appointive officers and members of the Seventy-third Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to arranging legislative days for members, officers, and employees of the House and Senate.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to securing chaplains for the Seventy-third Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing.

Respectfully,
PATRICIA ADAM, Secretary
CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Gabriel moved that the report of the Joint-Select Committee relative to the Joint Rules of the Seventy-third Legislative Session as found on page 33 of the House Journal be adopted.

     The question being on Rep. Gabriel's motion that the report of the Joint-Select Committee relative to the Joint Rules be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

     Rep. Gabriel moved that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Seventy-third Legislative Session as found on page 34 of the House Journal be adopted.

     Rep. Gabriel requested to withdraw his motion to adopt the report of the Joint-Select Committee relative to compensation and to defer the consideration of the report to the bottom of today's calendar.
    
    There being no objection, the motion was withdrawn and action was deferred to the bottom of today's calendar.

    Rep. Cutler moved that the report of the Joint-Select Committee relative to legislative printing and distribution of bills and journals for the Seventy-third Legislative Session as found on page 35 of the House Journal be adopted.

     The question being on Rep. Cutler's motion that the report of the Joint-Select Committee relative to legislative printing and distribution of bills and journals for the Seventy-third Legislative Session as found on page 35 of the House Journal be adopted.

     And the roll being called:



     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

     Rep. Fiegen moved that the report of the Joint-Select Committee relative to the selection of chaplains for the Seventy-third Legislative Session as found on page 36 of the House Journal be adopted.

     The question being on Rep. Fiegen's motion that the report of the Joint-Select Committee relative to the selection of chaplains for the Seventy-third Legislative Session as found on page 36 of the House Journal be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

     Rep. Cutler moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Seventy-third Legislative Session as found on page 37 of the House Journal be adopted.


     The question being on Rep. Cutler's motion that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Seventy-third Legislative Session as found on page 37 of the House Journal be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

     Rep. Putnam moved that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Seventy-third Legislative Session as found on page 37 of the House Journal be adopted.

     The question being on Rep. Putnam's motion that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Seventy-third Legislative Session as found on page 37 of the House Journal be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.


     Rep. Gabriel moved that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Seventy-third Legislative Session as found on page 34 of the House Journal be adopted.

     The question being on Rep. Gabriel's motion that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Seventy-third Legislative Session as found on page 34 of the House Journal be adopted.

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Volesky

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

    There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that the House Rules of the Seventy-second Legislative Session be adopted as the House Rules of the Seventy-third Legislative Session.

     The question being on Rep. Gabriel's motion that the House Rules of the Seventy-second Legislative Session be adopted as the House Rules of the Seventy-third Legislative Session.

     And the roll being called:


     Yeas 69, Nays 0, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; de Hueck; 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; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Collier

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1069   Introduced by:  Representatives Jorgensen, Cutler, Haley, and McNenny and Senators Shoener, Dunn (Jim), Flowers, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act   to revise the procedure for the valuation of agricultural land and to declare an emergency.

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

     HB 1070   Introduced by:  Representative Pederson (Gordon) and Senator Vitter

     FOR AN ACT ENTITLED, An Act   to permit the sale of certain alcoholic beverages on Memorial Day.

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

     HB 1071   Introduced by:  Representatives Hunt, Brooks, Hagg, and Solum and Senators Whiting and Everist

     FOR AN ACT ENTITLED, An Act   to revise certain provisions concerning the availability of circuit judges in county seats.

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


     HB 1072   Introduced by:  Representatives Brooks, Apa, Kooistra, Lee, Monroe, and Putnam and Senators Munson (David) and Albers

     FOR AN ACT ENTITLED, An Act   to provide for the impoundment of certain uninsured vehicles.

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

     HB 1073   Introduced by:  Representatives Brown (Jarvis), Collier, Duenwald, Gleason, Hagen, and Pummel and Senators Brosz and Lawler

     FOR AN ACT ENTITLED, An Act   to provide for a school district transportation levy.

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

     HB 1074   Introduced by:  Representatives Lee, Crisp, Diedrich, Kazmerzak, Koskan, Weber, and Wetz and Senators Hutmacher, Dennert, and Lange

     FOR AN ACT ENTITLED, An Act   to revise the date by which a rural fire protection district must certify an estimated tax levy request to a county auditor.

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

     HB 1075   Introduced by:  Representatives Kazmerzak, Brown (Jarvis), Diedrich, Koskan, Lee, and Weber and Senators Hutmacher, Brosz, Lange, and Morford

     FOR AN ACT ENTITLED, An Act   to authorize the towing of certain vehicles in combination by farm implement dealers under certain conditions.

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

     HB 1076   Introduced by:  Representative Munson (Donald) and Senators Johnson (William) and Hunhoff

     FOR AN ACT ENTITLED, An Act   to provide for biennial budgets for state agencies.

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

     HB 1077   Introduced by:  Representatives Madden, Diedrich, Koskan, Lucas, Matthews, Napoli, and Peterson (Bill) and Senators Aker, Ham, Lange, Reedy, Vitter, and Whiting

     FOR AN ACT ENTITLED, An Act   to increase the fees the sheriff is allowed for collecting taxes.



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

     HB 1078   Introduced by:  Representatives Matthews, de Hueck, Fischer-Clemens, Hassard, Jaspers, Pederson (Gordon), Van Gerpen, Wetz, and Wick and Senators Olson, Albers, Lawler, Reedy, and Vitter

     FOR AN ACT ENTITLED, An Act   to provide for access to certain information relating to anatomical gifts.

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

     HJR 1001   Introduced by:  Representative Apa

     A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of an individual and corporate income tax.

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

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed, and at 2:45 p.m. the House adjourned.

KAREN GERDES, Chief Clerk