JOURNAL OF THE HOUSE

SEVENTY-FOURTH  SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 20, 1999

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

     The prayer was offered by the Chaplain, Pastor David Mack, followed by the Pledge of Allegiance led by House page Kathryn Huls.

     Roll Call: All members present except Rep. Putnam 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 sixth 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 Health and Human Services respectfully reports that it has had under consideration HB 1028 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.


Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1002 which was deferred to the 41st legislative day.


Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1063 and 1064 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Judiciary respectfully reports that it has had under consideration HB 1061 and 1062 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Roger Hunt, Vice-Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 9, 14, 17, 52, 53, 54, 57, and 58 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Declaring 1999 the Year of Agriculture.

     Rep. Weber moved that HCR 1001 as found on pages 27 and 28 of the House Journal be adopted.

     The question being on Rep. Weber's motion that HCR 1001 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Fiegen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1001 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Cutler moved that the reports of the Standing Committees on

     Transportation on HB 1052 as found on page 78 of the House Journal; also

     Transportation on HB 1037 as found on pages 78 and 79 of the House Journal; also

     Local Government on HB 1015 as found on page 80 of the House Journal; also

     Local Government on HB 1016 as found on page 80 of the House Journal; also

     Local Government on HB 1018 as found on pages 80 and 81 of the House Journal; also

     Commerce on HB 1047 as found on page 81 of the House Journal; also

     Commerce on HB 1049 as found on page 81 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1081   Introduced by:  Representative Diedrich (Larry) and Senator Halverson

       FOR AN ACT ENTITLED, An Act to   permit certain municipal officials to serve in volunteer, unsalaried municipal positions.

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

     HB 1082   Introduced by:  Representatives Brooks, Crisp, Fiegen, Haley, Jaspers, Juhnke, Kooistra, Patterson, Slaughter, and Sutton (Daniel) and Senators Lange, Albers, Hutmacher, Madden, and Munson (David)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the impoundment of animals and the regulation of certain kennels.

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

     HB 1083   Introduced by:  Representatives Konold, Apa, Broderick, Brown (Jarvis), Chicoine, Crisp, Fischer-Clemens, Fryslie, Hanson, Kazmerzak, Michels, Munson (Donald), Sebert, Solum, Sutton (Duane), and Wetz and Senators Madden, Albers, and Olson

       FOR AN ACT ENTITLED, An Act to   revise the procedure for accepting certain bids.

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

     HB 1084   Introduced by:  Representatives Hunt, Brooks, and Crisp and Senator Munson (David)

       FOR AN ACT ENTITLED, An Act to   establish deadlines for action by school districts on certain reorganization petitions and plans.

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

     HB 1085   Introduced by:  Representatives Munson (Donald), Kooistra, and Michels and Senator Moore


       FOR AN ACT ENTITLED, An Act to   allow certain persons on a county board of mental illness to serve more than two terms if appointed in the middle of a term.

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

     HB 1086   Introduced by:  Representatives Kooistra, Hennies, and Koehn and Senator Daugaard

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to lights on slow- moving vehicles.

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

     HB 1087   Introduced by:  Representatives Roe and Fischer-Clemens and Senators Shoener and Olson

       FOR AN ACT ENTITLED, An Act to   place certain restrictions on loans obtained by insurance agents from their clients.

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

     HB 1088   Introduced by:  Representatives Pummel, Patterson, Peterson, and Solum and Senator Kleven

       FOR AN ACT ENTITLED, An Act to   revise the requirements to determine if a building shall be connected to a public water system or public wastewater collection system.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1023:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall HB 1023 pass?"

     And the roll being called:


     Yeas 68, Nays 1, Excused 1, 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; Fiegen; 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; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Monroe

     Excused were:
Putnam

     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 1017:   FOR AN ACT ENTITLED, An Act to   revise the responsibility for supervising the arrangement on how the candidates' names are listed on the ballot.

     Was read the second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Fiegen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Putnam

     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 1044:   FOR AN ACT ENTITLED, An Act to   revise the date for the submission of certain continuing education reports by insurance agents.

     Was read the second time.

     The question being "Shall HB 1044 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Fiegen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Putnam

     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 1046:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding installment transactions involving a motor vehicle.

     Was read the second time.

     The question being "Shall HB 1046 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Fiegen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt



     Excused were:
Putnam

     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 1031:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to state aid to education.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, 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; Fiegen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Putnam

     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 1055:   FOR AN ACT ENTITLED, An Act to   revise and remove certain segments of the state trunk highway system.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:


     Yeas 69, Nays 0, Excused 1, 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; Fiegen; 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; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Excused were:
Putnam

     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 1060:   FOR AN ACT ENTITLED, An Act to   revise the procedure for the valuation of agricultural land and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1060 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, 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; Fiegen; 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; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     Nays were:
Monroe

     Excused were:
Putnam

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.


    HB 1057:   FOR AN ACT ENTITLED, An Act to   revise certain provisions and fees regarding certain licenses issued by the Department of Agriculture and to revise certain provisions and fees regarding certain inspections.

    Was read the second time.

     Rep. Crisp moved that HB 1057 be referred back to the Committee on Agriculture and Natural Resources.

     Which motion prevailed and the bill was so referred.

     HB 1030:   FOR AN ACT ENTITLED, An Act to   require state health inspections of school food services programs.

     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 46, Nays 23, Excused 1, Absent and Not Voting 0

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

     Nays were:
Apa; Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Fitzgerald; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Koskan; Lockner; Lucas; Nachtigal; Napoli; Patterson; Sutton (Daniel); Volesky; Waltman; Weber

     Excused were:
Putnam

     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 9:   FOR AN ACT ENTITLED, An Act to   revise certain remittance procedures for county registers of deeds and sheriffs.



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

     SB 14:   FOR AN ACT ENTITLED, An Act to   provide for a penalty for failure to obtain a license before operating an alcoholic beverage business.

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

     SB 17:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the notification of victims of crime.

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

     SB 52:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the costs and expenses incurred in the apprehension, transportation, evaluation, and commitment of out- of-state residents alleged to be mentally ill and in need of emergency intervention.

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

     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the apprehension and transportation of a person believed to require emergency intervention.

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

     SB 54:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the review of necessity of treatment for court-ordered administration of psychotropic medication.

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

     SB 57:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the definition of an accredited prevention or treatment facility for alcohol and drug abuse.

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

     SB 58:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding holiday compensation and vacation and sick leave of sheltered workshop employees of the Division of Service to the Blind and Visually Impaired.

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


     Rep. McCoy moved that the House do now adjourn, which motion prevailed, and at 2:46 p.m. the House adjourned.
KAREN GERDES, Chief Clerk