JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 11, 2000

          BE IT REMEMBERED, That on the eleventh day of January, A.D., two thousand, at the hour of twelve o'clock meridian, on the second Tuesday in January, being the day and hour fixed by the Constitution of the State of South Dakota for the convening of the Legislature, the Seventy-fifth regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the State of South Dakota, the seat of government thereof, was called to order by Joyce Hazeltine, the Secretary of State of the state of South Dakota.

    The following prayer was offered by the Chaplain, Pastor Gretchen Lord Anderson, Ft. Pierre Congregational United Church of Christ and First Presbyterian Church, Onida, South Dakota, at the opening session of the House of Representatives:

    God of Creation, God of love,

    We praise You for this day and for all the days You have given to us. You have created the very things we most take for granted - the light of the day and the darkness of the night. Lord, how often we have basked in Your light, seldom stopping to think about what a precious gift it is for all of us here and for the whole world.

    Lord, right now, we bow down. Help us remember You throughout the day wherever we are and whatever the day brings. Give us a spirit of humility and the desire to seek You at all times. Let each of these members and all those who find themselves in the midst of this process be mindful in their day-to-day responsibilities that when we stand in the Light - when we seek Your truth - we need not be afraid and that we may indeed reflect Your light into the dark places of the world.

     In Your Holy name we pray, Amen.


    The Pledge of Allegiance was led by House page Karen Williams.

    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the House of Representatives at the general election held on November 3, 1998, are hereby certified as members of the House of Representatives of the 1999-2000 Legislative Session:

District No. 1    Day, Codington, Marshall, and Roberts Counties
        Gary D. Hanson - Sisseton
        Mike Jaspers - Eden

District No. 2    Brown and Marshall Counties
        Steve Cutler - Claremont
        Duane Sutton - Aberdeen

District No. 3    Brown and McPherson Counties
            Elmer Diedtrich - Aberdeen
            Al Waltman - Aberdeen

District No. 4    Brookings, Deuel, and Grant Counties
            Robert Weber - Strandburg
            Larry Diedrich - Elkton
                
District No. 5    Codington County
            Claire B. Konold - Watertown
            Burdette C. Solum - Watertown
        
District No. 6    Clark, Codington, Hamlin, Kingsbury, and Miner Counties
            Art Fryslie - Willow Lake
            Douglas Kazmerzak - Erwin

District No. 7    Brookings County
            Orville B. Smidt - Brookings
            Robert A. Roe - Brookings
        
District No. 8    Lake, Minnehaha, and Moody Counties
            Daniel D. Sutton - Flandreau        
            Dale Slaughter - Madison
        
District No. 9    McCook, Minnehaha, and Turner Counties
            Clarence L. Kooistra - Garretson
             Kevin R. Crisp - Dell Rapids
        
District No. 10    Lincoln and Minnehaha Counties
            Roger Brooks - Brandon
            Roger Hunt - Brandon

District No. 11    Minnehaha County


            Mitch Richter - Sioux Falls
            Kristie Fiegen - Sioux Falls
        
District No. 12    Minnehaha County
            John R. McIntyre - Sioux Falls
        
District No. 13    Minnehaha County
            Mary Patterson - Sioux Falls
        
District No. 14    Minnehaha County
            Bill Peterson - Sioux Falls
            Dick Brown - Sioux Falls
        
District No. 15    Minnehaha County
            Kay Davis - Sioux Falls
            Gil Koetzle - Sioux Falls

District No. 16    Lincoln and Union Counties
            Roland Chicoine - Elk Point
            Mike Broderick - Canton
                
District No. 17    Clay and Turner Counties
            Judy Clark - Vermillion
            H. Junior Engbrecht - Marion
        
District No. 18    Yankton County
            Donald E. Munson - Yankton
            Matthew Michels - Yankton
                
District No. 19    Bon Homme, Douglas, and Hutchinson Counties
            Richard A. Wudel - Parkston
            J.E. "Jim" Putnam - Armour
        
District No. 20    Davison and Hanson Counties
            Deb Fischer-Clemens - Mitchell
            Lou Sebert - Mitchell

District No. 21    Beadle and Spink Counties
            Ron J. Volesky - Huron
            Pat Haley - Huron
        
District No. 22    Aurora, Buffalo, Hand, Jerauld, Sanborn, and Spink Counties
            Quinten Burg - Wessington Springs
            Joanne Lockner - St. Lawrence

District No. 23    Campbell, Edmunds, Faulk, Hyde, Potter, and Walworth Counties
            Jay L. Duenwald - Hoven
            Jarvis W. Brown - Faulkton


District No. 24    Hughes, Lyman, Stanley, and Sully Counties
        Cooper Garnos - Presho
        Jeff Monroe - Pierre

District No. 25    Brule, Charles Mix, Gregory, and Lyman Counties
        Sam Nachtigal - Platte
        Bill Cerny - Burke
        
District No. 26    Bennett, Haakon, Jackson, Jones, Lyman, Melette, and Tripp Counties
        John Koskan - Wood
        Kent Juhnke - Vivian
        
District No. 27    Bennett, Shannon, and Todd Counties
        Richard E. "Dick" Hagen - Pine Ridge
        Larry Lucas - Mission

District No. 28    Butte, Corson, Dewey, Harding, Perkins, and Ziebach Counties
        Ted A. Klaudt - Walker
        Kenneth Wetz - Newell

District No. 29    Butte and Meade Counties
        Willard Pummel - Belle Fourche
        Kenneth McNenny - Sturgis
        
District No. 30    Custer, Fall River, and Pennington Counties
        Jim Lintz - Hermosa
        Mike Koehn - Hot Springs
                
District No. 31    Lawrence County
        Mark Young - Spearfish
        Jerry Apa - Lead
                
District No. 32    Pennington County
        Mike Wilson - Rapid City
        Thomas L. Hennies - Rapid City

District No. 33    Meade and Pennington Counties
        J.P. Duniphan - Rapid City
        Carol E. Fitzgerald - Rapid City

District No. 34    Pennington County
        Scott Eccarius - Rapid City
        Michael P. Derby - Rapid City
        
District No. 35    Pennington County
        William "Bill" Napoli - Rapid City
        Alice McCoy - Rapid City


    I further testify that for District 12, Judy Rost did not take the oath of office and therefore the incumbent in that office, William F. Earley, Sioux Falls, who took the oath of office on January 5, 1999, is entitled pursuant to SDCL 3-14-1 to continue in that office.

    I further certify that the following has been appointed by the Honorable William J. Janklow, Governor of the state of South Dakota:

District No. 13    Minnehaha County
            Phyllis M. Heineman, Sioux Falls, appointed November 2, 1999, to fill the             unexpired term of Dana John Windhorst who resigned.
            
    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 5th day of January, 2000.

    (SEAL)

Joyce Hazeltine

Secretary of State


    I, JOYCE HAZELTINE, Secretary of State of the state of South Dakota, do hereby certify that the following member appointed to the House of Representatives of the state of South Dakota for the remainder of the term 1999-2000 was administered the oath of office on the 6th day of December, 1999, in the House Chamber, at the seat of state government in Pierre by the Honorable David Gilbertson, Justice of the Supreme Court of the state of South Dakota and subscribed to the same and that such oath is now on file in the office of the Secretary of State of the state of South Dakota.

    Phyllis Heineman
            
    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 7th day of January, 2000.

    (SEAL)

Joyce Hazeltine

Secretary of State


     When the roll of members was called, all members were present except Reps. Larry Diedrich, Fryslie, and Kazmerzak.

MOTIONS AND RESOLUTIONS


    Rep. Cutler moved that the House proceed with the election of officers of the House of Representatives.

    Which motion prevailed.

    The presiding officer announced that nominations for Speaker of the House of Representatives were now in order.

    Rep. Cutler nominated Rep. Hunt as Speaker of the House of Representatives.



    And the roll being called:

Yeas 65, Nays 0, Excused 2, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; 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; Wudel; Young

     Excused were:
Fryslie

     Absent and Not Voting were:
Diedrich (Larry); Kazmerzak; Koehn

    Rep. Hunt having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives.

    Reps. Fitzgerald, Brooks, Koskan, and Cerny were appointed to escort Rep. Hunt to the rostrum.

    The oath of office was administered to Rep. Hunt, Speaker of the House of Representatives, by the Honorable David Gilbertson, Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Joyce Hazeltine, Secretary of State, turned the gavel over to Speaker Hunt.

    Speaker Hunt now presiding.

    Mr. Speaker announced that nominations for Speaker Pro tempore of the House of Representatives were now in order.

    Rep. Smidt nominated Rep. Eccarius as Speaker Pro tempore.

    And the roll being called:

Yeas 66, Nays 0, Excused 2, Absent and Not Voting 2


     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; 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; Wudel; Young; Speaker Hunt

     Excused were:
Eccarius; Fryslie

     Absent and Not Voting were:
Kazmerzak; Koehn

    Rep. Eccarius having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro tempore of the House of Representatives.

    Reps. Cutler, Duniphan, Konold, and Hagen were appointed to escort Rep. Eccarius to the rostrum.

    The oath of office was administered to Rep. Eccarius, Speaker Pro tempore of the House of Representatives, by the Honorable David Gilbertson, Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Mr. Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.

    Rep. Cutler nominated Ms. Karen Gerdes as Chief Clerk of the House of Representatives.

    And the roll being called:

Yeas 68, Nays 0, Excused 1, Absent and Not Voting 1

     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; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; 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; Wudel; Young; Speaker Hunt


     Excused were:
Fryslie

    Absent and Not Voting were:
Kazmerzak

    Ms. Gerdes having received an affirmative vote of a majority of the members-elect, was declared duly elected.

    The oath of office was administered to Ms. Gerdes by the Honorable David Gilbertson, Justice of the Supreme Court of the state of South Dakota.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Speaker Hunt announced the appointment of the following employees of the House of Representatives for the Seventy-fifth Legislative Session:
    
    First Assistant to the Chief Clerk -- Arlene Kvislen

    Second Assistant to the Chief Clerk -- Barbara Butt

    Index Clerk -- Onie Neuharth

    Chief Chaplain -- Gretchen Lord Anderson

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- Howard Kennedy

    Assistant Sergeant at Arms -- Bob Voeltz

    Chief Documents Clerk -- Ambrose Schultz

    Secretary to the Speaker -- James Wosepka

    Secretary to the Majority Leader -- Clara Shelbourn

    Secretary to the Minority Leader --Mark Proctor

    Appropriations Secretary -- Jeanette Black

    Committee Secretaries -- Lois Henry, Beverly Jennings

    Pages (1st Term) -- Wyatt Ammon, Olescia Anderson, Natalie Edberg, Kendra Jorgensen,         Allison Knutson, Kimberly Maxwell, Jodie Reede, Joseph Severance, Summer         Simunek, Codi Skjoldal, Sandra Storer, Karen Williams


    Pages (2nd Term) -- Sarah Breitag, Lindsey Hahn, Michael Hilmoe, Dustin Jager, Jeremy         Kasperson, Megan Kotz, Greg Lee, Sarah Linneman, Siri Mielke, Katey Nemec,         Lindsey Raymond, Catherine Sckerl, Keri VanOverschelde, Sonja Voegele

    Pages (3rd Term) -- Desiree Estes, James Fousek, Londa Fox, Pennie Hahne, Aimee         Hanssen, Erin Harvey, Valerie Kazmerzak, Jessica Kissner, Brooke Lockner, Marci         Medalen, Natalie Roe, Kelly Steinmetz, Travis Teach, Chandra Voeltz

    Pages (4th Term) -- JoLeah Booth, Emily Cromwell, David Dodson, Kodi Geigle, Laura         Harmon, Callie Hollenbeck, Tiffany Jastorff, Jennifer Munsterman, Merideth         Pangburn, Chelsey Satrang, Angela Settje, Matthew Stiegelmeier, Nicholas Wendell

    Legislative Interns -- Erin Balster, Steven Barnett, Jennifer Birger, Lisa Christianson,         Jessica DeVries, Stana Donnelly, Kristina Grey, Jessica Karinen-Skrove, Marie         Madwar, B.J. Nesselhuf, Nicole Pierson, Vincent Swenson, David Wheeler
    
    The oath of office was administered by the Honorable David Gilbertson, Justice of the Supreme Court of the State of South Dakota, to the following employees:

    First Assistant to the Chief Clerk -- Arlene Kvislen

    Second Assistant to the Chief Clerk -- Barbara Butt

    Index Clerk -- Onie Neuharth

    Chief Chaplain --Gretchen Lord Anderson

    Sergeant at Arms -- Melvin Chandler

    Assistant Sergeant at Arms -- Howard Kennedy

    Assistant Sergeant at Arms -- Bob Voeltz

    Chief Documents Clerk -- Ambrose Schultz

    Secretary to the Speaker -- James Wosepka

    Secretary to the Majority Leader -- Clara Shelbourn

    Secretary to the Minority Leader -- Mark Proctor

    Appropriations Secretary -- Jeanette Black

    Committee Secretaries -- Lois Henry, Beverly Jennings

    Pages (1st Term) -- Wyatt Ammon, Olescia Anderson, Natalie Edberg, Kendra Jorgensen,         Allison Knutson, Kimberly Maxwell, Jodie Reede, Joseph Severance, Summer         Simunek, Codi Skjoldal, Sandra Storer, Karen Williams


    Legislative Interns -- Erin Balster, Steven Barnett, Jennifer Birger, Lisa Christianson,         Jessica DeVries, Stana Donnelly, Kristina Grey, Jessica Karinen-Skrove, Marie         Madwar, B.J. Nesselhuf, Nicole Pierson, Vincent Swenson, David Wheeler

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Rep. Cutler moved that the permanent House rules and the permanent joint rules of the House and Senate of the Seventy-fourth Legislative Session be made the temporary House rules and the temporary joint rules of the House and Senate for the Seventy-fifth Legislative Session.

    The question being on Rep. Cutler's motion that the permanent House rules and the permanent joint rules of the House and Senate of the Seventy-fourth Legislative Session be made the temporary House rules and the temporary joint rules of the House and Senate for the Seventy-fifth Legislative Session.

     And the roll being called:

     Yeas 64, Nays 0, Excused 1, Absent and Not Voting 5
    
    Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; 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; Wudel; Young; Speaker Hunt

    Excused were:
Fryslie
    
    Absent and Not Voting were:
Burg; Fiegen; Kazmerzak; Lucas; Wilson

     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 a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for the Joint Session to hear the message of the Governor, the Honorable William J. Janklow.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Eccarius, Smidt, and Haley.

    Rep. Cutler moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.



    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Eccarius, Duenwald, and Lucas.

    Rep. Cutler moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate relative to the joint rules for the two houses for the Seventy-fifth Legislative Session.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Smidt, Hunt, and Haley.

    Rep. Cutler moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to make arrangements for legislative days for members, officers, and employees of the House and Senate.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Cutler, Smidt, and Haley.
    
    Rep. Cutler moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-fifth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Hunt, Smidt, and Haley.

    Rep. Smidt moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Smidt, Eccarius, and Lucas.

    Rep. Duenwald moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate for the purpose of selecting chaplains for the Seventy-fifth Legislative Session.

    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Duenwald, Monroe, and Cerny.

    Rep. Putnam moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to arrange for a memorial recognition of deceased former members of the House and Senate.


    Which motion prevailed and Mr. Speaker appointed as such committee Reps. Putnam, Fitzgerald, and Cerny.
    

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001   Introduced by:  Representatives Volesky, Fischer-Clemens, Fryslie, Koehn, Lockner, and Weber and Senator Kloucek at the request of the Interim Health Insurance Committee

       FOR AN ACT ENTITLED, An Act to   establish a basic health benefit plan committee and a basic health insurance risk pool.

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

     HB 1002   Introduced by:  Representatives Michels, Davis, Diedrich (Larry), Fiegen, and Fischer-Clemens and Senators Olson, Albers, Brown (Arnold), Lawler, and Rounds at the request of the Interim Retirement Laws Committee

       FOR AN ACT ENTITLED, An Act to   provide for employer contributions to the South Dakota deferred compensation plan for certain employees.

     Was read the first time.

     HB 1003   Introduced by:  Representatives Wetz, Duenwald, Klaudt, Koskan, Lucas, McIntyre, Napoli, and Pummel and Senators Dennert and Reedy at the request of the Interim School Finance Committee

       FOR AN ACT ENTITLED, An Act to   provide for state aid to certain school districts for transportation.

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

     HB 1004   Introduced by:  Representatives McNenny, Chicoine, Engbrecht, Juhnke, Lintz, Sebert, Slaughter, Sutton (Duane), Waltman, and Young and Senators Symens, Madden, Paisley, and Vitter at the request of the Interim Tax Assessment Committee

       FOR AN ACT ENTITLED, An Act to   repeal and revise certain provisions concerning the annual assessment of property.

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


     HB 1005   Introduced by:  Representatives Lintz, Chicoine, Engbrecht, Juhnke, McNenny, Sutton (Duane), Waltman, and Young and Senators Symens, Madden, Paisley, and Vitter at the request of the Interim Tax Assessment Committee

       FOR AN ACT ENTITLED, An Act to   use agricultural income value to determine the value of agricultural land and to conduct a pilot study on agricultural income value.

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

     HB 1006   Introduced by:  Representatives Chicoine, Engbrecht, Juhnke, Lintz, McNenny, Sebert, Slaughter, Sutton (Duane), Waltman, and Young and Senators Vitter, Madden, Paisley, and Symens at the request of the Interim Tax Assessment Committee

       FOR AN ACT ENTITLED, An Act to   appropriate money for a pilot study concerning the use of agricultural income value as a means to value agricultural land and to declare an emergency.

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

     HB 1007   Introduced by:  Representative Pummel

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to liability for trespass by certain animals.

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

     HB 1008   Introduced by:  Representatives Volesky and Haley and Senators Flowers and Dunn (Rebecca)

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula and to reduce state aid to education to certain school districts.

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

     HB 1009   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   redefine what marks are prohibited on a ballot and to require the county auditor to provide certain directions in conducting a recount.

     Was read the first time.


     HB 1010   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain procedures for the formation and adjustment of boundaries of certain special districts.

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

     HB 1011   Introduced by:  The Committee on Local Government at the request of the Secretary of State

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the circulation of petitions.

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

     HB 1012   Introduced by:  Representatives McNenny, Diedrich (Larry), Duniphan, Fischer- Clemens, Hunt, Smidt, and Sutton (Daniel) and Senators Brown (Arnold), Brosz, Halverson, Lange, and Shoener at the request of the Legislative Research Council Executive Board

       FOR AN ACT ENTITLED, An Act to   provide for an increase in legislative per diem.

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

     HB 1013   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   allow postsecondary technical institutes to refer debt collection to the Bureau of Administration.

     Was read the first time.

     HB 1014   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs

       FOR AN ACT ENTITLED, An Act to   limit the time that substitute teachers may teach and to require in-service training of substitute teachers.

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

     HB 1015   Introduced by:  The Committee on Education at the request of the Department of Education and Cultural Affairs


       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to open enrollment.

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

     HB 1016   Introduced by:  The Committee on Appropriations at the request of the Board of Regents

       FOR AN ACT ENTITLED, An Act to   condition the availability of certain tuition waiver or remission programs if no special funding is provided.

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

     HB 1017   Introduced by:  The Committee on Health and Human Services at the request of the Department of Social Services

       FOR AN ACT ENTITLED, An Act to   revise certain child welfare agency licenses.

     Was read the first time.

     HB 1018   Introduced by:  The Committee on Appropriations at the request of the Bureau of Finance and Management

       FOR AN ACT ENTITLED, An Act to   transfer certain funds from the South Dakota Building Authority to the South Dakota Health and Education Facilities Authority.

     Was read the first time.

     HB 1019   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to workers' compensation managed care plans.

     Was read the first time.

     HB 1020   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   change the procedure in which certain industry classification codes are assigned to employers for the purposes of unemployment compensation.

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


     HB 1021   Introduced by:  The Committee on Commerce at the request of the Department of Labor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to conciliation of labor disputes.

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

     HB 1022   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act to   revise and repeal certain hunting, trapping, and fishing activities, restrictions, and prohibitions, and certain game and fish storage and transportation requirements, and to provide for a penalty.

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

     HB 1023   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act to   prohibit the use of certain equipment in hunting activities at night, to provide certain exemptions from such prohibition, and to revise a related penalty.

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

     HB 1024   Introduced by:  The Committee on Transportation at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act to   revise certain boating and snowmobile accident reporting procedures.

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

     HB 1025   Introduced by:  The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act to   revise certain definitions relating to migratory birds, waterfowl, and small game and require certain hunting permits and licenses when hunting sandhill crane and snipe.


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

     HB 1026   Introduced by:  The Committee on Commerce at the request of the Department of Game, Fish, and Parks

       FOR AN ACT ENTITLED, An Act to   revise certain bonding procedures and the annual fee of agents who sell hunting and fishing licenses for the Department of Game, Fish and Parks.

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

     HB 1027   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the nursing facility administrator licensure renewal and to provide for the reactivation of inactive license status.

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

     HB 1028   Introduced by:  The Committee on Health and Human Services at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   permit the provision of certain drugs and drug samples by physician assistants, nurse practitioners, and nurse midwives.

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

     HB 1029   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the regulation of simulcast racing operations.

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

     HB 1030   Introduced by:  The Committee on Transportation at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   define the duties of a motor carrier enforcement officer and to revise certain provisions regarding motor carrier inspectors.


     Was read the first time.

     HB 1031   Introduced by:  The Committee on Education at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   allow certain driver education courses from other states to be used to meet the requirements for a restricted minor's permit.

     Was read the first time.

     HB 1032   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise the requirements for health carriers engaging in certain types of managed care activities and to consolidate managed care statutes.

     Was read the first time.

     HB 1033   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   define blanket insurance as group health insurance and to clarify the applicability of certain statutes to blanket policies.

     Was read the first time.

     HB 1034   Introduced by:  The Committee on Health and Human Services at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding renewal licenses for advanced practice nurses.

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

     HB 1035   Introduced by:  The Committee on Commerce at the request of the Department of Commerce and Regulation

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding health insurance on a franchise plan.

     Was read the first time.


     HB 1036   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   to revise certain provisions pertaining to persons with mental illness.

     Was read the first time.

     HB 1037   Introduced by:  The Committee on Local Government at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   require municipalities to provide boundary change information to the Department of Revenue to facilitate the development of a simplified sales tax collection system.

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

     HB 1038   Introduced by:  The Committee on Transportation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   provide for the assessment of a higher fee for a vehicle dealer license permit purchased beyond the five-day requirement.

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

     HB 1039   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

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

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

     HB 1040   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health

       FOR AN ACT ENTITLED, An Act to   continue the moratorium on new nursing facility beds.

     Was read the first time.

     HB 1041   Introduced by:  The Committee on Health and Human Services at the request of the Department of Health


       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to licensure of health care facilities and lodging and food service establishments.

     Was read the first time.

     HB 1042   Introduced by:  The Committee on Transportation at the request of the Department of Transportation

       FOR AN ACT ENTITLED, An Act to   modify the minimum penalties for second or subsequent offenses for driving under the influence.

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

     HB 1043   Introduced by:  The Committee on Health and Human Services at the request of the Department of Human Services

       FOR AN ACT ENTITLED, An Act to   revise, repeal, and reenact certain provisions pertaining to persons with developmental disabilities.

     Was read the first time.

     HB 1044   Introduced by:  The Committee on Taxation at the request of the Department of Revenue

       FOR AN ACT ENTITLED, An Act to   provide that airport authorities are retailers subject to the sales and use tax.

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

CONSIDERATION OF REPORTS OF SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 11, 2000.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.


    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved and that the Senate retire to the Senate Chamber to proceed with its regular order of business.

    That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Scott Eccarius    M. Michael Rounds
Orville Smidt    Harold W. Halverson
Pat Haley    Jim Hutmacher
House Committee    Senate Committee

     Rep. Cutler moved that the report of the Joint-Select Committee relative to arranging the Joint Session of the Senate and the House of Representatives be adopted.

    Which motion prevailed and the report was adopted.

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communication he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Scott Eccarius    M. Michael Rounds
Jay Duenwald    Barbara Everist
Larry Lucas    Jim Hutmacher
House Committee    Senate Committee

     Rep. Cutler moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session be adopted.

    Which motion prevailed and the report was adopted.

    Rep. Cutler moved that the House do now recess for the Joint Session, which motion prevailed.

RECESS

JOINT SESSION


    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, William J. Janklow. The President of the Senate, Carole Hillard, presiding.

    The following prayer was delivered by Pastor Gretchen Lord Anderson, Ft. Pierre Congregational Church of Christ and First Presbyterian Church, Onida, South Dakota:

    Merciful and all-powerful God,

    We praise You for You know every word before it is even on our lips, and there is no place we can go that You will not be there. You well know that in the midst of the camaraderie that we find in this place this afternoon, that even in the next moments and hours, this legislative process will bring both disagreement and compromise. And so we are here at this moment praying together and knowing that in those prayers You will bring us closer together, that You will build and strengthen the bonds we share, that You will clarify our vision, that You will inspire and empower us for service.

    Lord, we ask that at this time in particular and as each day's business begins in this legislative session, that You might make these legislators, our Governor, our state employees and legislative staff, the news media, the lobbyists, and the people of South Dakota whose very interests depend on clear vision and inspired service, that You might make us aware of Your constant presence and Your ability to guide and to lead when we invite You to walk with us. All praise be to You. Amen.

    The Secretary of the Senate, Patricia Adam, called the roll of the Senate and the following members were present:

Albers; Benson; Bogue; Brosz; Brown, Arnold; Daugaard; Dennert; Drake; Dunn, Jim; Dunn, Rebecca; Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson, David; Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting.

    The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

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; Garnos; Hagen; Haley; Hanson; Heineman; 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; Wudel; Young; Speaker Hunt.

    Sen. Rounds moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable William J. Janklow, Governor of the State of South Dakota, to the rostrum.


    Which motion prevailed and the President appointed as such committee Reps. Cutler, Smidt, Haley, and Lucas on the part of the House and Sens. Rounds, Halverson, and Hutmacher on the part of the Senate.

    The Sergeant at Arms announced the arrival of the Honorable William J. Janklow, who was escorted to the rostrum.

    The Lieutenant Governor, Carole Hillard, introduced the Honorable William J. Janklow, who delivered the State of the State Address.

    Sen. Rounds moved that the Joint Session do now dissolve.

    Which motion prevailed.

    The House reconvened at 2:40 p.m., Mr. Speaker presiding.

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for a Joint Session of the two Houses to receive the message of the Governor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Everist, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communication he may desire to transmit.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Halverson, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the joint rules for the Seventy-fifth Legislative Session.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Halverson, Rounds, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and House for the Seventy-fifth Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Halverson, Rounds, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-fifth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Whiting, and Olson as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House Journals, and bills and other legislative printing for the two houses and the state offices with the full power to act.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Frederick, Hainje, and Flowers as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to securing chaplains for the Seventy-fifth legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Shoener, Paisley, and Lange as a committee of three on the part of the Senate to meet with a like committee on the part of the House for the purpose of arranging for a memorial recognition of deceased former members of the Senate and House.


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 notifying the Governor that the Legislature is duly organized and ready to meet in Joint 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 for a Joint Session to receive the message of the Governor.

Respectfully,
Patricia Adam, Secretary

     The Speaker announced the appointment of the following standing committees:

**Denotes Chair
*Denotes Vice-Chair


AGRICULTURE & NATURAL RESOURCES (13)
**Brooks, *Wetz, Crisp, Duenwald, Fryslie, Juhnke, Lintz, Sebert, Slaughter, Weber, Chicoine, Kazmerzak, Lockner

APPROPRIATIONS (10)

**Richter, *Putnam, Clark, Derby, Klaudt, Pummel, Wudel, Burg, Cerny, Sutton (Daniel)

COMMERCE (13)

**Roe, *Peterson, Brown (Jarvis), Diedtrich (Elmer), Heineman, Koehn, Konold, Michels, Solum, Sutton (Duane), Fischer-Clemens, Patterson, Wilson

EDUCATION (13)

* *Brown (Richard), *Eccarius, Brooks, Earley, Fitzgerald, Garnos, Hennies, Juhnke, Kooistra, McCoy, Davis, Lockner, Lucas

GOVERNMENT OPERATIONS & AUDIT (3)

**Munson (Donald), *Crisp, Koetzle

HEALTH & HUMAN SERVICES (12)

**Fiegen, *Monroe, Broderick, Engbrecht, Heineman, Hennies, McCoy, Peterson, Sebert, Davis, Hanson, Patterson

JUDICIARY (13)

**Brown (Jarvis), *Hunt, Duniphan, Earley, Fitzgerald, Koehn, Michels, Slaughter, Young, McIntyre, Nachtigal, Volesky, Wilson

LEGISLATIVE PROCEDURE (7)

**Hunt, *Eccarius, Cutler, Richter, Smidt, Haley, Lucas

LOCAL GOVERNMENT (13)

**Duniphan, *Munson (Donald), Crisp, Engbrecht, Fryslie, Lintz, Monroe, Solum, Weber, Young, Chicoine, Hagen, Waltman

RETIREMENT LAWS (5)

**Diedrich (Larry), *Fiegen, Michels, Davis, Fischer-Clemens

STATE AFFAIRS (13)

**Cutler, *McNenny, Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, Fischer-Clemens, Haley, Koetzle, Lucas

TAXATION (13)

**Koskan, *Smidt, Apa, Diedrich (Larry), Garnos, Jaspers, McNenny, Munson (Donald), Napoli, Hanson, McIntyre, Nachtigal, Waltman

TRANSPORTATION (13)

**Broderick, *Napoli, Apa, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Konold, Kooistra, Sutton (Duane), Wetz, Hagen, Kazmerzak, Volesky

     Rep. Patterson moved that the House do now adjourn, which motion prevailed, and at 2:44 p.m. the House adjourned.

Karen Gerdes, Chief Clerk