JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION




FOURTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 14, 2000

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

     The prayer was offered by the Chaplain, Pastor Gale Shafer, followed by the Pledge of Allegiance led by House page Jodie Reede.

     Roll Call: All members present except Reps. Clark, Derby, Hagen, and Solum 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 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 State Affairs respectfully reports that it has had under consideration HB 1011 and 1012 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:

1029oa

     On page 2 , delete lines 9 to 13 of the printed bill , inclusive .

     And that as so amended said bill do pass.

Respectfully submitted,
Steve Cutler, Chair

REPORTS OF SELECT COMMITTEES


MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House and Senate respectfully reports that they recommend that the Senate and House of Representatives recess and convene in the House Chamber at 3:00 p.m. on Thursday, January 20, 2000, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the Senate and House of Representatives.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Senate will retire to the Senate Chamber and continue with its regular order of business.

Respectfully submitted,                             Respectfully submitted,
J.E. "Jim" Putnam    Jerry J. Shoener
Carol E. Fitzgerald    Keith W. Paisley
William F. Cerny    Gerald Lange
House Committee    Senate Committee




Also MR. SPEAKER:

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

    That the Senate and House convene in Joint Session in the chamber of the House of Representatives at 3:00 p.m., January 18, 2000.

    That the Joint Session is called to hear a report by the Governor and appropriate support staff concerning the topics of juvenile corrections and the tobacco settlement money.

    That the President of the Senate and the Speaker of the House of Representatives shall preside jointly, and the Secretary of the Senate and the Chief Clerk of the House of Representatives shall act as clerks of the Joint Session.

    That the members of the House and Senate may ask questions of the Governor regarding the topics discussed.

    That a brief report of the Joint Session proceedings be printed in the Senate and the House journals.

Respectfully submitted,    Respectfully submitted,
Steve Cutler    M. Michael Rounds
Scott Eccarius    Barbara Everist
Pat Haley    Mel Olson
House Committee    Senate Committee

MOTIONS AND RESOLUTIONS


     Rep. Roe moved that HB 1045 be referred from the Committee on Health and Human Services to the Committee on Commerce.

     Which motion prevailed and the bill was so referred.

     Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, January 15th, the 5th legislative day.

     Which motion prevailed.


CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Rep. Cutler moved that the report of the Joint-Select Committee relative to the Joint Rules of the Seventy-fifth Legislative Session as found on pages 30 to 32 of the House Journal be adopted.

     The question being on Rep. Cutler's motion that the report of the Joint-Select Committee relative to the Joint Rules of the Seventy-fifth Legislative Session as found on pages 30 to 32 of the House Journal be adopted.

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; 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; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Clark; Derby; Hagen; Solum

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1052   Introduced by:  Representative Putnam and Senator Bogue

       FOR AN ACT ENTITLED, An Act to   codify the legislation passed in 1999.

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

     HB 1053   Introduced by:  Representatives Monroe, Broderick, Diedrich (Larry), Engbrecht, Koskan, Putnam, and Sebert and Senators Benson, Flowers, Hutmacher, Kloucek, Lawler, Moore, Rounds, Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of optometry.


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

     HB 1054   Introduced by:  Representatives Brown (Richard), Broderick, Burg, Cerny, Chicoine, Crisp, Diedrich (Larry), Duniphan, Fischer-Clemens, Lockner, Putnam, Waltman, and Weber and Senators Brown (Arnold), Dunn (Jim), Everist, Flowers, Ham, Hutmacher, Kloucek, Lawler, Reedy, Shoener, and Symens

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to expenses and compensation of water development district board members.

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

     HB 1055   Introduced by:  Representative Hunt and Senator Everist

       FOR AN ACT ENTITLED, An Act to   provide for the finalization of proceedings for termination of parental rights under certain circumstances.

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

     HB 1056   Introduced by:  Representatives Kooistra, Cerny, Davis, Fischer-Clemens, Haley, Kazmerzak, Lockner, Lucas, McCoy, McIntyre, Michels, Munson (Donald), Patterson, Volesky, and Wilson and Senators Valandra, Dunn (Rebecca), Moore, and Symens

       FOR AN ACT ENTITLED, An Act to   establish a workforce development initiative within the Department of Social Services.

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

     HB 1057   Introduced by:  Representatives Munson (Donald), Broderick, Clark, Kooistra, Michels, Roe, Smidt, Sutton (Duane), and Volesky and Senators Reedy, Duxbury, Ham, Kleven, Madden, and Moore

       FOR AN ACT ENTITLED, An Act to   create the South Dakota education savings plan.

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

     HB 1058   Introduced by:  Representatives Eccarius, Brooks, Brown (Richard), Davis, Duniphan, Fiegen, Hennies, Koetzle, Koskan, Peterson, and Richter and Senators Everist, Hainje, Madden, Munson (David), Olson, and Paisley

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to special education.


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

     HB 1059   Introduced by:  Representatives Lucas, Duniphan, Fischer-Clemens, Hunt, McNenny, Michels, Smidt, and Wilson and Senators Bogue, Daugaard, Duxbury, Flowers, Halverson, and Whiting

       FOR AN ACT ENTITLED, An Act to   clarify persons required to report child abuse or neglect.

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

     HB 1060   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   revise the standards of review for findings of fact.

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

     HB 1061   Introduced by:  The Committee on Judiciary at the request of the Chief Justice

       FOR AN ACT ENTITLED, An Act to   define the assault of court employees as aggravated assault.

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

     HB 1062   Introduced by:  Representatives Hennies, Brooks, Brown (Richard), Clark, Duniphan, Koehn, Lintz, McCoy, McIntyre, and Munson (Donald) and Senators Vitter, Albers, Brosz, Ham, Madden, and Shoener

       FOR AN ACT ENTITLED, An Act to   authorize the state fire marshal to prohibit open burning.

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

     HB 1063   Introduced by:  Representatives Hennies, Brooks, Brown (Richard), Clark, Duniphan, Fitzgerald, Lintz, McCoy, and McIntyre and Senators Albers, Brosz, Ham, Madden, and Vitter

       FOR AN ACT ENTITLED, An Act to   establish the crime of second degree vehicular battery and to provide penalties therefor.

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



     HB 1064   Introduced by:  Representatives Hennies, Brooks, Brown (Richard), Duniphan, Fitzgerald, Lintz, McCoy, McIntyre, Munson (Donald), and Wilson and Senators Ham, Albers, Brosz, Lawler, Madden, Reedy, Shoener, Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

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

     HB 1065   Introduced by:  Representatives Hennies, Brooks, Brown (Richard), Clark, Duniphan, Fitzgerald, Lintz, McCoy, McIntyre, and Munson (Donald) and Senators Vitter, Albers, Brosz, Ham, Madden, and Shoener

       FOR AN ACT ENTITLED, An Act to   prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

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

     HB 1066   Introduced by:  Representatives Hennies, Brooks, Brown (Richard), Clark, Duniphan, Fitzgerald, Lintz, McCoy, McIntyre, and Munson (Donald) and Senators Vitter, Albers, Brosz, Ham, Madden, and Shoener

       FOR AN ACT ENTITLED, An Act to   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

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

     HB 1067   Introduced by:  Representatives Hennies, Brown (Richard), Lintz, and McIntyre and Senators Ham, Albers, Lawler, Reedy, Shoener, and Vitter

       FOR AN ACT ENTITLED, An Act to   extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

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

     HB 1068   Introduced by:  Representatives Hennies, Brooks, Brown (Richard), Duniphan, Fitzgerald, Lintz, McCoy, and McIntyre and Senators Albers, Ham, Lawler, Reedy, Shoener, Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the disposition of property seized by law enforcement agencies.


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

     The following bills were read on Tuesday, January 11th, and today the Speaker assigned these bills to committees:

     HB 1002 was referred to the Committee on Retirement Laws.

     HB 1009 was referred to the Committee on State Affairs.

MESSAGES FROM THE SENATE


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 the joint rules for the two houses for the Seventy-fifth Legislative Session.

Respectfully,
Patricia Adam, Secretary

     Rep. Michels moved that the House do now adjourn, which motion prevailed, and at 2:27  p.m. the House adjourned.

Karen Gerdes, Chief Clerk