JOURNAL OF THE HOUSE

SEVENTY-THIRD  SESSION



FOURTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 16, 1998

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

     The prayer was offered by the Chaplain, Pastor Ron Burkhalter, followed by the Pledge of Allegiance led by House page Alicia Truhe.

     Roll Call: All members present except Rep. Duenwald who was excused.

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 third 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.
HONORED GUESTS


     Rep. Hagg   introduced the Honorable John Thune, United States Representative from South Dakota, who spoke briefly.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1032 and 1033 and returns the same with the recommendation that said bills 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 1031 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a do pass recommendation.

Respectfully submitted,
Larry Gabriel, Chair

Also MR. SPEAKER:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1030 and 1038 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill be amended as follows:

f-1039

     On the printed bill, delete everything after the enacting clause and insert:

"      Section  1.  That § 32-17-3 be repealed.

     32-17-3.   No vehicle may be operated upon a highway with the front light or lights as provided in §   32-17-27 lighted without the front lamps as provided in §   32-17-4 lighted. A violation of this section is a Class 2 misdemeanor. "


f-1039t

     On page 1 , line 1 of the printed bill , after " Act to " insert " repeal the prohibition against operating a motor vehicle with parking lights. " .


     And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair


Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1027 and returns the same with the recommendation that said bill be amended as follows:

r-1027

     On page 12 , line 2 of the printed bill , remove the overstrikes from " appropriate tribunals as defined in § 25-9B-101 " .

     On page 12 , line 2 , delete " state case registry " .

     On page 12 , line 5 , delete " as defined in § 25-9B-101 " .

     On page 12 , line 6 , after " party. " insert " The tribunal shall forward the written statement to the state case registry. " .


     And that as so amended said bill do pass.
Respectfully submitted,
Roger Hunt, Chair


MOTIONS AND RESOLUTIONS


     Rep. Gabriel moved that HB 1031 be referred from the Committee on State Affairs to the Committee on Appropriations with a do pass recommendation.

     Which motion prevailed and the bill was so referred.

     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, January 17, the fifth legislative day.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1079   Introduced by:  Representatives Collier and Duniphan and Senators Hunhoff and Reedy

     FOR AN ACT ENTITLED, An Act   to revise the circumstances under which a law enforcement officer has a duty to report certain motor vehicle accidents.

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

     HB 1080   Introduced by:  Representatives Hassard, Duenwald, Duniphan, Fitzgerald, Madden, Matthews, Monroe, and Napoli and Senators Staggers, Drake, Shoener, and Vitter

     FOR AN ACT ENTITLED, An Act   to revise the income limits of a person eligible for a real property tax assessment freeze.

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

     HB 1081   Introduced by:  Representatives Napoli, Duenwald, Hagg, Jaspers, Konold, Kooistra, Koskan, Kredit, Lee, Matthews, Schrempp, Smidt, Sperry, and Wetz and Senators Shoener, Aker, Drake, Flowers, Hutmacher, Lange, Staggers, and Vitter

     FOR AN ACT ENTITLED, An Act   to allow certain older motor vehicles with out-of-state titles to be sold at public auctions under certain conditions.

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

     HB 1082   Introduced by:  Representatives Napoli, Apa, Brown (Richard), Hassard, Madden, McNenny, Richter, Waltman, Weber, Wetz, and Wick and Senators Aker, Brown (Arnold), Drake, Hainje, Staggers, Vitter, and Whiting

     FOR AN ACT ENTITLED, An Act   to revise the permissible number of county commissioners.

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

     HB 1083   Introduced by:  Representative Hunt and Senator Whiting

     FOR AN ACT ENTITLED, An Act   to cede certain jurisdiction over the Federal Prison Camp to the United States.


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

     HB 1084   Introduced by:  Representatives Brown (Richard), Brooks, Collier, de Hueck, Eccarius, Hassard, Jorgensen, Lucas, Matthews, and Richter and Senators Brown (Arnold), Brosz, Everist, Lawler, Paisley, and Rounds

     FOR AN ACT ENTITLED, An Act   to add fine arts to academic content standards.

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

     HB 1085   Introduced by:  Representatives Hassard, Duenwald, Duniphan, Fitzgerald, Johnson (Doug), Madden, Matthews, and Monroe and Senators Vitter, Drake, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act   to allow emergency medical technicians to display flashing blue lights from their motor vehicles when responding to an emergency.

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

     HB 1086   Introduced by:  Representatives Madden, Barker, Lucas, Matthews, Napoli, and Peterson (Bill) and Senators Aker, Daugaard, Dunn (Rebecca), and Whiting

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding court-ordered temporary custody of a child.

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

     HB 1087   Introduced by:  Representatives Pummel, Apa, Belatti, Duxbury, Johnson (Doug), Lockner, McNenny, and Solum and Senators Kleven, Morford, and Vitter

     FOR AN ACT ENTITLED, An Act   to repeal a prohibition on certain municipalities regarding ownership and operation of medical clinics and to declare an emergency.

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

     HB 1088   Introduced by:  Representatives Sperry, Brown (Jarvis), Crisp, Diedrich, Kazmerzak, Konold, and Lee and Senators Frederick, Dennert, Lange, Lawler, Reedy, and Staggers

     FOR AN ACT ENTITLED, An Act   to increase the checkoff on sunflowers, safflowers, and canola.

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

     HB 1089   Introduced by:  Representative Pederson (Gordon) and Senator Vitter

     FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding the killing or taking of elk and turkey which are damaging property.

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

     HB 1090   Introduced by:  Representatives Smidt, Collier, Duenwald, Konold, Kooistra, Kredit, Madden, Peterson (Bill), and Van Gerpen and Senators Brown (Arnold) and Lawler

     FOR AN ACT ENTITLED, An Act   to shorten the term of office for members of the Board of Regents.

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

     HB 1091   Introduced by:  Representatives Cutler, Barker, Moore, Peterson (Bill), Schaunaman, and Wick and Senators Staggers, Brosz, Daugaard, Flowers, and Olson

     FOR AN ACT ENTITLED, An Act   to eliminate certain assessed valuation appeals by public taxing districts and governmental subdivisions.

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

     HB 1092   Introduced by:  Representatives Eccarius, Diedrich, Lucas, Madden, and Peterson (Bill) and Senators Everist, Ham, and Whiting

     FOR AN ACT ENTITLED, An Act   to provide for the establishment of public charter schools.

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

     HB 1093   Introduced by:  Representatives Collier, Brown (Jarvis), and Sokolow and Senator Kloucek

     FOR AN ACT ENTITLED, An Act   to increase the amount of property exempt from process.

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

     HB 1094   Introduced by:  Representatives Collier, Barker, de Hueck, Jorgensen, Moore, Rost, and Sokolow and Senators Dunn (Rebecca), Everist, Flowers, and Lawler

     FOR AN ACT ENTITLED, An Act   to delineate the conditions and circumstances under which a minor child may testify in a custody or visitation action.

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

     HB 1095   Introduced by:  Representatives Schrempp, Chicoine, Duenwald, Hagen, Lee, and Waltman and Senators Dennert and Kloucek

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

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

     HB 1096   Introduced by:  Representatives de Hueck, Brown (Jarvis), Crisp, Diedrich, and Moore and Senator Daugaard

     FOR AN ACT ENTITLED, An Act   to permit any party in contested cases to require the use of the Office of Hearing Examiners and to eliminate the penalty for such use.

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

     HB 1097   Introduced by:  Representatives de Hueck, Brown (Jarvis), Crisp, Diedrich, and Duxbury and Senators Daugaard and Halverson

     FOR AN ACT ENTITLED, An Act   to permit public employees to appeal certain health and life insurance decisions directly to circuit court.

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

     HB 1098   Introduced by:  Representatives Hunt and Hagg and Senators Everist and Whiting

     FOR AN ACT ENTITLED, An Act   to allow coroners to issue subpoenas outside their own county and to allow special death investigators to issue subpoenas.

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

     HB 1099   Introduced by:  Representatives Hunt, Barker, de Hueck, Fitzgerald, Gleason, Hagg, Konold, and Wick and Senators Whiting, Aker, Flowers, and Lawler

     FOR AN ACT ENTITLED, An Act   to prohibit a minor from purchasing, possessing, receiving, or consuming tobacco products or from attempting to purchase or receive tobacco products.

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

     HB 1100   Introduced by:  Representatives Hunt, Barker, Brown (Jarvis), de Hueck, Fitzgerald, Hagg, Konold, Schaunaman, and Wick and Senators Whiting, Aker, Flowers, Ham, and Lawler

     FOR AN ACT ENTITLED, An Act   to revise the definition of cause of action for small claims proceedings.

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

     HB 1101   Introduced by:  Representatives Hunt, Barker, Brown (Jarvis), de Hueck, Fitzgerald, Gleason, Konold, Schaunaman, and Wick and Senators Whiting, Aker, Flowers, Ham, and Lawler

     FOR AN ACT ENTITLED, An Act   to establish certain prima facie evidence that an account holder executed a check.

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

     HB 1102   Introduced by:  Representatives Hunt and de Hueck and Senator Everist

     FOR AN ACT ENTITLED, An Act   to allow any person who is not the head of a family to claim an exemption in certain bankruptcy proceedings.

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

     HB 1103   Introduced by:  Representatives Hunt, Chicoine, Jorgensen, and Monroe and Senators Aker, Hutmacher, Kloucek, and Lawler

     FOR AN ACT ENTITLED, An Act   to authorize professional corporations comprised of health care professionals of more than one profession.

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

     HJR 1002   Introduced by:  Representatives Napoli, Belatti, Chicoine, Crisp, Diedrich, Duenwald, Duniphan, Hagen, Hagg, Hassard, Johnson (Doug), Kazmerzak, Konold, Kooistra, Kredit, Lee, Lockner, Madden, Matthews, Monroe, Pummel, Schrempp, Sokolow, and Van

Gerpen and Senators Aker, Albers, Benson, Brosz, Brown (Arnold), Dunn (Jim), Dunn (Rebecca), Halverson, Ham, Hunhoff, Lange, Lawler, Reedy, Shoener, and Vitter

     A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article IV, section 2 of the Constitution of the State of South Dakota, relating to the age qualifications for Governor and lieutenant governor.

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

     HJR 1003   Introduced by:  Representatives Matthews, Collier, Cutler, Hagg, Haley, Madden, Schaunaman, and Sperry and Senators Whiting, Brosz, Brown (Arnold), Halverson, and Vitter

     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 the length of the legislative session.

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

     Rep. Belatti moved that the House do now adjourn, which motion prevailed, and at 2:38 p.m. the House adjourned.

KAREN GERDES, Chief Clerk