JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION




FOURTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 15, 1999

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

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Niki Barber.

     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 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,
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 1020 which was deferred to the 41st legislative day.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1035 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 1034 and returns the same with the recommendation that said bill be amended as follows:

o-1034

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

"      Section  1.  That § 5-23-21 be amended to read as follows:

     5-23-21.   The provisions of this chapter do not apply to the purchase of chemical and biological products, laboratory apparatus and appliances, and library books, or medical supplies; nor the purchase of equipment and supplies for externally funded research projects at institutions under the control of the Board of Regents; nor the purchase of machinery, raw materials, or containers used by the state cement plant; nor to the purchase of seeds, feeds, livestock, or equipment used in the operation of farms by any state institution; nor to the purchase of property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds shall be made under the supervision of the Bureau of Administration; nor to the purchase of computer hardware and software; nor to the purchase of natural gas; nor to the purchase of tableware or perishable foods by any institution under the control of the Board of Regents or the executive branch; nor to the purchase of materials needed by the Department of Human Services or prison industries for the manufacturing of products, except as provided by rule promulgated by the Bureau of Administration. The legislative and judicial branches of state government may determine their needs relevant to purchases, printing, and lease agreements notwithstanding any conflicting provisions of this chapter. However, the actual procurement shall be made under the supervision of the Bureau of Administration. All property purchased under the provisions of this section is subject to the provisions of chapter 5-24. "



o-1034t

     On page 1 , line 1 of the printed bill , delete " utilities " and insert " natural gas " .

     And that as so amended said bill do pass.
Respectfully submitted,
Steve Cutler, Chair

MOTIONS AND RESOLUTIONS


     Rep. Cutler moved that House Rule H3-1 be amended as follows: after "6. Health and Human Services" delete "(13)" and insert "(12)".

     The question being on Rep. Cutler's motion that House Rule H3-1 be amended as follows: after "6. Health and Human Services" delete "(13)" and insert "(12)".

     And the roll being called:

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

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

     Nays were:
Fiegen

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and House Rule H3-1 was so amended.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m., on Saturday, January 16th, the 5th legislative day.

     Which motion prevailed.



FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1060   Introduced by:  Representatives Lintz, Koehn, and McNenny and Senators Frederick, Flowers, Madden, 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 1061   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   revise the provisions exempting certain persons from service as jurors.

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

     HB 1062   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   revise the duties of magistrate judges.

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

     HB 1063   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   authorize the courts to suspend driving privileges for persons convicted of driving or physical control of a motor vehicle while under age twenty- one and under the influence of alcohol or controlled substances and to permit the granting of certain restricted driving privileges for such persons.

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

     HB 1064   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   revise the court automation surcharge in civil actions, small claims proceedings, criminal actions, and proceedings before the Supreme Court.

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

     HB 1065   Introduced by:  Representatives Apa, Brown (Jarvis), Crisp, Duenwald, Kazmerzak, Koetzle, Lucas, Monroe, and Napoli and Senators Staggers, Flowers, Madden, and Vitter



       FOR AN ACT ENTITLED, An Act to   exempt certain transportation services from sales and use tax.

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

     HB 1066   Introduced by:  Representatives Wudel, Brown (Jarvis), Engbrecht, Koehn, McNenny, Pummel, and Wetz and Senators Frederick, Benson, and Hainje

       FOR AN ACT ENTITLED, An Act to   increase certain inheritance tax exemptions.

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

     HB 1067   Introduced by:  Representatives Brown (Richard), Jaspers, Kooistra, Napoli, Solum, and Volesky and Senators Everist, Dunn (Rebecca), and Rounds

       FOR AN ACT ENTITLED, An Act to   mandate driver's education, to increase certain fees, and to make a continuous appropriation to provide funding.

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

     Rep. Wetz moved that the House do now adjourn, which motion prevailed, and at 2:21 p.m. the House adjourned.

KAREN GERDES, Chief Clerk