JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 16, 1999

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Vicar Patrick Kuhlman, followed by the Pledge of Allegiance led by House page Robert Drown.

     Roll Call: All members present except Reps. Duniphan, Lockner, Nachtigal, and Wudel who were 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 fourth 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,
ROGER W. HUNT, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1022 and 1027 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1036 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1006 which was deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

REPORTS OF SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Seventy-fourth Legislative Session be amended as follows:

6F-1. No second reading until engrossment. No bill or resolution amended after introduction may be read the second time until it is correctly engrossed. This rule does not apply to the general appropriations bill.

6F-2. Second reading at least one day after committee report. No bill or joint resolution may have its second reading or receive final passage until at least one legislative day after it has been reported to the house by the committee to which the same has been referred and such report has been read to the house. However, second reading of the general appropriations bill is in order at any time.

6F-3. Action on committee reports. No report of any standing committee or select committee may be acted upon until at least one legislative day after it has been read to the body, except the report of the committee on legislative procedure, or the reports of standing committees requesting referral to another standing committee of a bill or resolution which may be acted upon immediately. However, during the last three days of the session, reports of conference

committees may be acted upon the same day as reported. However, the committee report on the general appropriations bill may be acted upon at any time.

6F-4. Placement of unamended bills and resolutions on calendar. If any committee makes a report that a bill or resolution "Do Pass" without proposing any amendment thereto, the bill or resolution shall be placed upon the calendar for second reading on the next legislative day. However, the general appropriations bill may be placed on the calendar for second reading at any time.

6F-5. Placement of amended bills and resolutions on calendar. If any standing committee returns a bill or resolution to the house with the recommendation that the bill or resolution do pass with proposed amendments, the report shall be received, read and entered upon the journal. The committee report shall be placed on the calendar for adoption the following legislative day and the bill shall be placed on the calendar for floor action on the legislative day following the adoption of the committee report. On the final day for the committee to act upon a bill, the report may be placed directly on the calendar for floor action. A report recommending the passage of a bill or resolution with proposed amendments is not subject to change or amendment. This rule does not apply to the general appropriations bill.

That Chapter 17 be amended by adding a new deadline date as follows:

The last day to deliver the general appropriations bill to the house of origin is the 37th legislative day in the 40 day session and the 32nd legislative day in the 35 day session.

    The Joint Rules and the rules of the Senate and the House be printed in the Senate Journal.

Respectfully submitted,                        Respectfully submitted,
STEVE CUTLER        M. MICHAEL ROUNDS
ROGER HUNT        HAROLD W. HALVERSON
PAT HALEY        JIM HUTMACHER
House Committee        Senate Committee


CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Rep. Lucas moved that the report of the Joint-Select Committee relative to the Joint Rules be adopted.

     Rep. Cutler moved as a substitute motion that the House do not adopt the report of the Joint-Select Committee regarding the Joint Rules.

    A roll call vote was requested and supported.

     The question being on Rep. Cutler's substitute motion that the House do not adopt the report of the Joint-Select Committee regarding the Joint Rules.


     And the roll being called:

     Yeas 51, Nays 15, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Wilson; Windhorst; Young; Speaker Hunt

     Nays were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lucas; McIntyre; Sutton (Daniel); Volesky; Waltman

     Excused were:
Duniphan; Lockner; Nachtigal; Wudel

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the report was not adopted.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB Nos. 43, 44, and 48 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Cutler moved that the report of the Standing Committee on

     State Affairs on HB 1034 as found on pages 64 and 65 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1068   Introduced by:  Representatives Brooks, Crisp, and Kooistra and Senators Madden, Albers, and Munson (David)

       FOR AN ACT ENTITLED, An Act to   revise and clarify certain provisions relating to elections and voter eligibility in county road districts.

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

     HB 1069   Introduced by:  Representatives Brooks, Fiegen, Fischer-Clemens, Kooistra, McIntyre, Michels, Putnam, and Roe and Senators Munson (David) and Madden

       FOR AN ACT ENTITLED, An Act to   require notification of the cancellation or termination of certain motor vehicle insurance policies and to provide for the revocation of vehicle licenses and registration unless coverage is secured.

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

     HB 1070   Introduced by:  Representatives Brooks, Crisp, Hunt, and Kooistra and Senators Madden, Albers, and Munson (David)

       FOR AN ACT ENTITLED, An Act to   authorize county road districts to establish and enforce certain vehicle speed and weight restrictions and to revise certain county road district formation requirements.

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

     HB 1071   Introduced by:  Representatives Brown (Jarvis) and Crisp and Senator Moore

       FOR AN ACT ENTITLED, An Act to   revise the residency requirement for magistrate judges.

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

     HB 1072   Introduced by:  Representatives Brown (Jarvis), Fischer-Clemens, Kazmerzak, Pummel, Solum, and Wetz and Senators Moore and Brosz

       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 1073   Introduced by:  Representatives Jaspers, Apa, Brooks, Duenwald, Fryslie, Hanson, Juhnke, Kazmerzak, McCoy, McNenny, Monroe, Peterson, Putnam, Smidt, Solum, Sutton (Daniel), and Wetz and Senators Frederick, Benson, Bogue, Brown (Arnold), Drake, Kleven, Lange, Madden, Moore, and Vitter

       FOR AN ACT ENTITLED, An Act to   limit Board of Regents tuition and fees increases to the rate of inflation.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1035:   FOR AN ACT ENTITLED, An Act to   permit the State of South Dakota to waive performance and payment bonds for public improvements under certain circumstances.

     Was read the second time.

    Rep. Peterson moved that HB No. 1035 be amended as follows:

    On page 1, line 8 of the printed bill, delete "one hundred" and insert "twenty-five".

    Which motion lost.

     The question being "Shall HB 1035 pass?"

     And the roll being called:

     Yeas 57, Nays 9, Excused 4, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wilson; Windhorst; Young; Speaker Hunt

     Nays were:
Apa; Broderick; Fiegen; Konold; McCoy; Peterson; Sebert; Volesky; Wetz

     Excused were:
Duniphan; Lockner; Nachtigal; Wudel

     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 43:   FOR AN ACT ENTITLED, An Act to   remove certain licensing exemptions regarding money lenders and mortgage lenders.

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

     SB 44:   FOR AN ACT ENTITLED, An Act to   allow collection of delinquent installments to be provided for in the installment loan contract.

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

     SB 48:   FOR AN ACT ENTITLED, An Act to   include viatical settlements in the definition of securities under the Uniform Securities Act and to provide an exemption from registration for viatical settlements issued by certain companies.

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

     Rep. Wetz moved that the House do now adjourn, which motion prevailed, and at 1:48 p.m. the House adjourned.

KAREN GERDES, Chief Clerk