JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION



SEVENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 19, 2000

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by House page Summer Simunek.

     Roll Call: All members present except Rep. Solum 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 and finds the following correction should be made:

    On page 112, delete lines 12 to 16, inclusive, and insert:

    "HB 1103   Introduced by: Representatives Garnos, McCoy, McIntyre, Monroe, and Roe

    FOR AN ACT ENTITLED, An Act to   allow state employees to use two days of sick leave as voluntary community service leave."

     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.

HONORED GUESTS


     Rep. Eccarius   introduced the March of Dimes State Ambassador, Claire Ridgway, and her parents, Tim and Mary Pat Ridgway of Sioux Falls, SD. They are from District 10 represented by Reps. Brooks and Hunt.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1024 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.



Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:

1022ta

     On page 2 , line 13 of the printed bill , after " permit " insert " or a designee " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill be amended as follows:

1023ta

     On page 1 , line 9 of the printed bill , overstrike " , outside of the " .

     On page 1 , line 10 , overstrike " Black Hills fire protection district " .

1023t

     On page 1 , line 5 of the printed bill , after " use " insert " or possess " .

     On page 2 , line 4 , overstrike " in the taking of nuisance animals on private " .

     On page 2 , line 5 , overstrike " land if the person has obtained written " and insert " . In the taking of animals causing damage the employee shall obtain " .

     On page 2 , line 17 , overstrike " revoke that person's " .

     On page 2 , line 18 , overstrike " hunting privileges for a period of one year, and " .

     On page 2 , line 20 , after " jail " insert " and shall have their hunting privileges revoked pursuant to §§ 41-6-74.1 and 41-6-74.2 " .

1023tb

     On page 1 , line 11 of the printed bill , overstrike " after they have " .

     On page 1 , line 12 , overstrike " been treed by dogs " .

1023tc

     On page 1 , line 16 of the printed bill , after " coyotes, " insert " beaver, " .

     And that as so amended said bill do pass.
Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

1009oa
     On page 2 , line 7 of the printed bill , delete " used " and insert " use " .

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

Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1027 and 1032 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

     The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1034 and 1041 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
Kristie K. Fiegen, Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 7, 14, 15, 16, 30, and 33 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Roe moved that HB 1116 and 1130 be referred from the Committee on Commerce to the Committee on Transportation.

     Which motion prevailed and the bills were so referred.

     HCR 1004   Introduced by:  Representatives Weber, Chicoine, Crisp, Engbrecht, Klaudt, Koehn, Kooistra, Lockner, Nachtigal, and Waltman and Senators Symens, Dennert, Duxbury, Kleven, Kloucek, and Lange

A CONCURRENT RESOLUTION,  Urging Congress to revise the Freedom to Farm Act to     protect family farmers and ranchers.

     WHEREAS,  the unparalleled agricultural productivity of the American people can and should become an asset for our nation, rather than an economic liability, as is currently the case in much of rural America; and

     WHEREAS,  our family farmers and ranchers are being forced off their farms and ranches due to low agricultural prices and many businesses on rural main street are closing along with schools, churches, and local units of government; and

     WHEREAS,  concentration of corporate power has reached a point that our national government is the only entity powerful enough to challenge the complete takeover of this nation's food systems by large corporations; and

     WHEREAS,  the Packers and Stockyards Act of 1921 was enacted to strengthen existing anti-trust laws and prevent these and other companies from monopolizing the food industry:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, the United States Congress and federal administration are urged to make necessary revisions to the Freedom to Farm Act, including extending the transition period and building a safety net to protect our family farms and ranches by increasing agricultural market prices by setting a floor price or loan rates at cost of production plus profit with payment limitations that provides for an average family living in order to protect the independent family farmer and rancher and rural main street.

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

     HCR 1005   Introduced by:  Representatives Weber, Chicoine, Crisp, Engbrecht, Klaudt, Koehn, Kooistra, Lockner, Nachtigal, and Waltman and Senators Symens, Dennert, Drake, Duxbury, Kleven, Kloucek, and Lange

A CONCURRENT RESOLUTION,  Urging the Clinton Administration to forbid packers from     feeding and owning livestock.

     WHEREAS,  in 1919 the Federal Trade Commission declared the Big Five Packers were in the position to monopolize all the nation's food supply; and

     WHEREAS,  in 1920 the Big Five controlled roughly two-thirds of cattle slaughter; and

     WHEREAS,  the Packers and Stockyards Act of 1921 was enacted to strengthen existing anti-trust laws and to prevent these or other companies from monopolizing the meat industry again; and
     WHEREAS,  in 1983 the top four slaughterers had approximately thirty-six percent of the market, in 1993 the top four slaughterers controlled approximately seventy percent and is now over eighty percent; and

     WHEREAS,  three major corporations, Con Agra, Excel-Cargil, and IBP, control more than eighty percent of the beef packing industry and together control major shares of the pork and lamb slaughter industries:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the Clinton administration including Secretary of Agriculture Dan Glickman, Assistant Secretary Mike Dunn, and GIPSA Administrator Jim Baker, are urged to forbid packer feeding or owning of livestock unless the packer is a cooperative where the producers have beneficial interest in livestock or the livestock is purchased within fourteen days of slaughter.

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

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Commerce on HB 1035 as found on pages 108 and 109 of the House Journal; also

     Education on HB 1031 as found on page 110 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1142   Introduced by:  Representatives Volesky, Apa, Duniphan, Engbrecht, Fitzgerald, Sutton (Duane), and Young and Senators Whiting, Flowers, Lawler, Munson (David), and Olson

       FOR AN ACT ENTITLED, An Act to   increase the penalty for persons under the age of twenty-one to illegally purchase, attempt to purchase, possess, or consume alcoholic beverages.

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

     HB 1143   Introduced by:  Representatives Volesky, Haley, and Lucas and Senator Valandra

       FOR AN ACT ENTITLED, An Act to   create the South Dakota State-Tribal Economic Development Commission, to prescribe its duties and authority, and to make an appropriation therefor.

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

     HB 1144   Introduced by:  Representatives Earley, Brown (Richard), Cutler, Davis, Diedtrich (Elmer), Engbrecht, Fiegen, Fischer-Clemens, Haley, Hennies, McNenny, Michels, Munson (Donald), Roe, Sebert, Smidt, Sutton (Daniel), Sutton (Duane), Volesky, and Young and Senators Rounds, Bogue, Dunn (Rebecca), Olson, Paisley, and Shoener

       FOR AN ACT ENTITLED, An Act to   allow for the award of reasonable attorney fees in certain legal proceedings.

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

     HB 1145   Introduced by:  Representatives Lucas, Burg, Cerny, Chicoine, Davis, Fischer- Clemens, Haley, Hanson, Kazmerzak, Koetzle, Lockner, McIntyre, Nachtigal, Patterson, Volesky, Waltman, and Wilson and Senators Olson, Dennert, Dunn (Rebecca), Duxbury, Flowers, Hutmacher, Kloucek, Lange, Lawler, Moore, Reedy, and Valandra

       FOR AN ACT ENTITLED, An Act to   provide for a Health Care Cost Task Force.

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

     HB 1146   Introduced by:  Representatives Apa, Broderick, Brown (Jarvis), Brown (Richard), Chicoine, Crisp, Hennies, McNenny, and Napoli and Senators Flowers, Albers, Brosz, and Moore

       FOR AN ACT ENTITLED, An Act to   provide a procedure for the collection of delinquent taxes on leased sites and to revise the notice and publication of delinquent taxes.

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

     HB 1147   Introduced by:  Representatives Wetz, Broderick, Brooks, Brown (Richard), Davis, Duniphan, Fischer-Clemens, Hennies, Koetzle, Lucas, McCoy, McIntyre, Patterson, Sutton (Daniel), Volesky, Waltman, and Wilson and Senators Munson (David), Albers, Brown (Arnold), Flowers, Ham, Lange, Lawler, Madden, Moore, Olson, Paisley, and Symens

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.

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


     HB 1148   Introduced by:  Representatives Michels, Apa, Broderick, Brooks, Brown (Jarvis), Brown (Richard), Crisp, Cutler, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Duniphan, Earley, Eccarius, Engbrecht, Fiegen, Fischer-Clemens, Fryslie, Garnos, Haley, Heineman, Hennies, Hunt, Jaspers, Klaudt, Koehn, Konold, Kooistra, Lintz, Lucas, McCoy, McNenny, Munson (Donald), Peterson, Pummel, Smidt, Sutton (Duane), Volesky, Wetz, Wilson, and Young and Senators Bogue, Daugaard, Duxbury, Flowers, Halverson, Moore, and Whiting

       FOR AN ACT ENTITLED, An Act to   appropriate money to expand the intensive juvenile probation program of the Unified Judicial System.

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

     HB 1149   Introduced by:  Representatives Roe, Apa, Cutler, Davis, Diedtrich (Elmer), Earley, Engbrecht, Fischer-Clemens, Hennies, Konold, McNenny, Smidt, and Sutton (Duane) and Senators Shoener, Dunn (Rebecca), Hainje, Olson, and Rounds

       FOR AN ACT ENTITLED, An Act to   define the term, residential rental agent.

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

     HB 1150   Introduced by:  Representatives Diedtrich (Elmer), Burg, Cerny, Chicoine, Clark, Crisp, Diedrich (Larry), Duenwald, Engbrecht, Fryslie, Hanson, Juhnke, Kazmerzak, Koehn, Lintz, McCoy, Munson (Donald), Slaughter, Sutton (Duane), and Weber and Senators Brown (Arnold), Benson, Brosz, Drake, Duxbury, Flowers, Kloucek, Lawler, Madden, Moore, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   clarify the definition of value added agriculture.

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

     HB 1151   Introduced by:  Representatives Volesky, Burg, Chicoine, Fischer-Clemens, Haley, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Nachtigal, Sutton (Daniel), and Wilson and Senators Lange, Dunn (Rebecca), Flowers, Kloucek, Moore, Reedy, Symens, and Valandra

       FOR AN ACT ENTITLED, An Act to   prohibit certain candidates for statewide or legislative office from converting campaign contributions to personal or political use and to provide a penalty therefor.

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

     HB 1152   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   provide a preference for residents in competitive bids for certain public contracts.

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

     HB 1153   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   require persons to show evidence of financial responsibility before certain motor vehicles may be registered.

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

     HB 1154   Introduced by:  Representatives Monroe, Brown (Jarvis), Koehn, Koetzle, and Weber and Senators Whiting, Madden, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide for the provisional licensure of psychologists who have not completed their internship.

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

     HB 1155   Introduced by:  Representatives Wetz, Brooks, Crisp, Derby, Duenwald, Jaspers, Kazmerzak, Lintz, McNenny, and Sebert and Senators Benson, Drake, Kleven, Kloucek, Reedy, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   exempt certain not for hire livestock hauling activities from certain motor carrier and commercial vehicle requirements.

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

     HB 1156   Introduced by:  Representatives Michels, Davis, Diedrich (Larry), Fiegen, and Fischer-Clemens and Senators Brown (Arnold), Albers, Lawler, and Olson

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to the deferred compensation fund for public employees.

     Was read the first time and referred to the Committee on Retirement Laws.

     HB 1157   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   revise the authority of municipalities to regulate disorderly conduct.

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

     HB 1158   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   define and establish partner or family member assault as a crime separate and distinct from other assaults and to provide penalties therefor.

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

     HB 1159   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of passing a check against insufficient funds.

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

     HB 1160   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   prohibit negligent storage of firearms.

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

     HB 1161   Introduced by:  Representative Volesky

       FOR AN ACT ENTITLED, An Act to   include certain dating relationships for purposes of protection from domestic abuse.

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

     HB 1162   Introduced by:  Representatives Hunt, Brown (Richard), Cerny, Clark, Cutler, Diedrich (Larry), Engbrecht, Fiegen, Koskan, Lucas, McNenny, Michels, Peterson, Roe, Smidt, Wetz, and Young and Senators Symens, Bogue, Brown (Arnold), Ham, Lawler, Olson, and Staggers

       FOR AN ACT ENTITLED, An Act to   establish a college savings program.

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

     HB 1163   Introduced by:  Representatives Hunt, Cerny, Duenwald, Engbrecht, Michels, and Smidt and Senators Moore and Staggers

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the validity of marriages contracted outside this state.

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

     HB 1164   Introduced by:  Representatives Hunt, Cutler, Fiegen, Koskan, McNenny, and Smidt and Senators Rounds and Halverson

       FOR AN ACT ENTITLED, An Act to   limit nonresident political contributions under certain circumstances.

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

     HB 1165   Introduced by:  Representative Koehn

       FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of bigamy.

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

     HB 1166   Introduced by:  Representatives Sutton (Daniel), Brown (Jarvis), Crisp, Engbrecht, Haley, Hanson, Klaudt, Koehn, Koetzle, Kooistra, Lucas, McIntyre, Michels, Nachtigal, Napoli, Patterson, Slaughter, and Weber and Senators Daugaard, Flowers, Hutmacher, Kloucek, Lange, Lawler, and Olson

       FOR AN ACT ENTITLED, An Act to   require minimum training requirements for corrections officers.

     Was read the first time.

     HB 1167   Introduced by:  Representative Napoli and Senator Olson

       FOR AN ACT ENTITLED, An Act to   create a rebuttable presumption that the removal of certain property from the state without payment constitutes fraud.

     Was read the first time.

     HB 1168   Introduced by:  Representatives Duenwald, Apa, Brown (Jarvis), Napoli, Putnam, Slaughter, and Weber and Senators Madden, Bogue, and Shoener

       FOR AN ACT ENTITLED, An Act to   establish certain civil penalties for overweight vehicle violations and to provide for the disposition of the civil penalties.

     Was read the first time.

     HB 1169   Introduced by:  Representatives McNenny and Waltman and Senators Kleven, Flowers, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the length of time during which a county board of equalization may hear assessed valuation appeals.

     Was read the first time.

     HB 1170   Introduced by:  Representatives Brown (Jarvis), Burg, Chicoine, Duenwald, Konold, and Weber and Senator Lawler

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the care of abandoned rural cemeteries.

     Was read the first time.

     HB 1171   Introduced by:  Representatives Hunt, Brooks, Cerny, Chicoine, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Engbrecht, Fitzgerald, Garnos, Heineman, Juhnke, Koskan, McNenny, Monroe, Napoli, Sebert, Smidt, Volesky, Weber, Wetz, and Wilson and Senators Halverson, Benson, Brown (Arnold), Drake, Dunn (Rebecca), Flowers, Hutmacher, Kleven, Kloucek, Lange, Lawler, Madden, Olson, Rounds, Staggers, and Vitter

       FOR AN ACT ENTITLED, An Act to   define the term, fetus.

     Was read the first time.

     HB 1172   Introduced by:  Representatives Hunt, Duenwald, and Wetz and Senators Halverson and Kleven

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding divorce and separate maintenance.

     Was read the first time.

     HB 1173   Introduced by:  Representatives Hunt, Broderick, and Napoli and Senators Whiting and Flowers

       FOR AN ACT ENTITLED, An Act to   restrict the sale of certain personal information maintained by banks and other financial institutions.

     Was read the first time.

     HB 1174   Introduced by:  Representatives Hunt and Wilson and Senators Vitter, Reedy, Rounds, and Shoener

       FOR AN ACT ENTITLED, An Act to   revise the provisions on the liability of adjoining property owners for failure to repair or maintain sidewalks.

     Was read the first time.

     HB 1175   Introduced by:  Representatives Hunt and Fiegen and Senator Moore

       FOR AN ACT ENTITLED, An Act to   authorize the Division of Insurance to promulgate rules regarding the privacy of medical records.
    
    Was read the first time.

     HB 1176   Introduced by:  Representatives Hunt and Fiegen and Senator Moore

       FOR AN ACT ENTITLED, An Act to   authorize the Department of Health to promulgate rules regarding the privacy of medical records.

     Was read the first time.

     HB 1177   Introduced by:  Representatives Hunt, Duenwald, Engbrecht, and Koskan and Senators Lawler, Kloucek, and Staggers

       FOR AN ACT ENTITLED, An Act to   require an attendant to a home birth to provide certain disclosures to the woman giving birth.

     Was read the first time.

     HB 1178   Introduced by:  Representatives Napoli, Apa, Cutler, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Eccarius, Jaspers, Juhnke, Koskan, McNenny, Monroe, Peterson, Smidt, Sutton (Daniel), Sutton (Duane), Waltman, and Wudel and Senators Rounds, Benson, Brosz, Dennert, Drake, Flowers, Ham, Madden, Moore, Shoener, Symens, Valandra, and Vitter

       FOR AN ACT ENTITLED, An Act to   permit counties or municipalities to impose a special assessment for services that are provided to certain exempt property.

     Was read the first time.

     HB 1179   Introduced by:  Representatives Napoli, Apa, and Cutler and Senators Dunn (Jim), Hutmacher, and Olson

       FOR AN ACT ENTITLED, An Act to   revise the rate of interest on property tax certificates and delinquent taxes.

     Was read the first time.

     HB 1180   Introduced by:  Representatives Apa, Brown (Jarvis), Engbrecht, Hennies, Koehn, Kooistra, and Slaughter and Senators Ham, Hutmacher, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide for a retroactive application of the definition of telephone company operating property.

     Was read the first time.

     HB 1181   Introduced by:  Representatives Volesky and Haley and Senator Flowers

       FOR AN ACT ENTITLED, An Act to   authorize certain grants to local industrial development corporations from the REDI fund.

     Was read the first time.

     HB 1182   Introduced by:  Representatives Volesky, Haley, and Kazmerzak and Senator Valandra

       FOR AN ACT ENTITLED, An Act to   prohibit certain persons with gaming licenses from making certain political contributions.

     Was read the first time.

     HB 1183   Introduced by:  Representatives Volesky, Brown (Jarvis), Burg, Diedtrich (Elmer), Fischer-Clemens, Sutton (Duane), and Waltman and Senators Dennert, Flowers, and Lawler

       FOR AN ACT ENTITLED, An Act to   create or maintain juvenile mentor programs and Court Appointed Special Advocate (CASA) programs and to make an appropriation therefor.

     Was read the first time.

     HB 1184   Introduced by:  Representatives Fiegen, Brooks, Cutler, Derby, Diedrich (Larry), Juhnke, McNenny, Michels, and Wilson and Senators Brown (Arnold) and Rounds

       FOR AN ACT ENTITLED, An Act to   provide immunity to members of county boards of mental illness.

     Was read the first time.

     HB 1185   Introduced by:  Representatives Fiegen, Brooks, Crisp, Cutler, Derby, Eccarius, Hunt, Jaspers, Juhnke, McNenny, Peterson, Sutton (Duane), and Wilson and Senators Brown (Arnold), Flowers, and Staggers

       FOR AN ACT ENTITLED, An Act to   allow the offer of an individual health benefit plan without certain mandates.

     Was read the first time.

     HB 1186   Introduced by:  Representatives Monroe, Chicoine, Duenwald, Duniphan, Hennies, Koetzle, McCoy, McNenny, Munson (Donald), Napoli, Waltman, Wetz, and Young and Senators Drake, Madden, Olson, and Reedy

       FOR AN ACT ENTITLED, An Act to   provide for the issuance of reciprocal restraining orders in domestic abuse cases.

     Was read the first time.

     HB 1187   Introduced by:  Representatives Monroe, Apa, and Waltman and Senators Madden and Hutmacher

       FOR AN ACT ENTITLED, An Act to   clarify the time of filing petitions for adoption.

     Was read the first time.

     HB 1188   Introduced by:  Representatives Broderick and Earley and Senators Munson (David) and Whiting

       FOR AN ACT ENTITLED, An Act to   allow the payment of the motor vehicle excise tax by a person on behalf of the owner.

     Was read the first time.

     HB 1189   Introduced by:  Representatives Fischer-Clemens and Diedtrich (Elmer) and Senators Brown (Arnold) and Lawler

       FOR AN ACT ENTITLED, An Act to   provide for uniform prescription drug information cards.

     Was read the first time.

     HB 1190   Introduced by:  Representatives Fischer-Clemens, Haley, Lucas, and Roe and Senators Moore, Hutmacher, and Paisley

       FOR AN ACT ENTITLED, An Act to   repeal the specific time period that an insurance agent involved in certain crimes must wait before seeking licensure.

     Was read the first time.

     HB 1191   Introduced by:  Representatives Earley, Heineman, and Peterson and Senator Hainje

       FOR AN ACT ENTITLED, An Act to   revise the number of temporary on-sale licenses that may be issued by municipalities.

     Was read the first time.

     HB 1192   Introduced by:  Representatives Duniphan, Apa, Broderick, Cutler, Hunt, McIntyre, Michels, Roe, Smidt, and Wudel and Senators Olson, Albers, Flowers, Moore, Rounds, and Whiting

       FOR AN ACT ENTITLED, An Act to   allow law enforcement agencies to report certain violations of law and threats made by a student.

     Was read the first time.

     HB 1193   Introduced by:  Representatives Cutler, Hunt, and Wudel and Senators Rounds and Moore

       FOR AN ACT ENTITLED, An Act to   clarify the authority of federally regulated charter bus service operators to provide charter bus services to schools.

     Was read the first time.

     HB 1194   Introduced by:  Representatives Wilson, Cutler, Duniphan, and Fischer-Clemens and Senators Daugaard and Flowers

       FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of stalking.

     Was read the first time.

     HB 1195   Introduced by:  Representatives Wilson, Brown (Richard), Cutler, Duniphan, and Fischer-Clemens and Senators Daugaard, Albers, Flowers, and Moore

       FOR AN ACT ENTITLED, An Act to   restrict contact between defendant and victim after the commission of assault or stalking.

     Was read the first time.

     HB 1196   Introduced by:  Representative Wilson and Senator Lange

       FOR AN ACT ENTITLED, An Act to   exempt certain mentally retarded persons from the death penalty and to provide for a determination of mental retardation in such cases.

     Was read the first time.

     HB 1197   Introduced by:  Representative Wilson

       FOR AN ACT ENTITLED, An Act to   prohibit capital punishment of juvenile offenders.

     Was read the first time.

     HB 1198   Introduced by:  Representative Derby and Senator Shoener

       FOR AN ACT ENTITLED, An Act to   revise the definition of a material acquisition or disposition as it pertains to certain insurance disclosure requirements.

     Was read the first time.

     HB 1199   Introduced by:  Representative Derby and Senator Shoener

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions relating to certain transactions between an insurer and an affiliate.

     Was read the first time.

     HB 1200   Introduced by:  Representatives Michels, Brown (Richard), Davis, Haley, Hennies, Koetzle, Lockner, Lucas, and Peterson and Senators Albers, Brosz, Brown (Arnold), and Symens

       FOR AN ACT ENTITLED, An Act to   require criminal background checks of school employees and to prohibit employment of certain persons in schools.

     Was read the first time.

     HB 1201   Introduced by:  Representatives Fitzgerald, McCoy, Peterson, and Slaughter and Senators Reedy and Albers

       FOR AN ACT ENTITLED, An Act to   deduct the fees or commissions charged by real estate firms, agents, or brokers when using the market approach to determine full and true value of property.

     Was read the first time.

     HB 1202   Introduced by:  Representatives Duniphan, Derby, Fitzgerald, and Hennies and Senators Whiting, Shoener, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide a procedure for vehicle traffic when the traffic control lights are malfunctioning or inoperable.
    
    Was read the first time.

     HB 1203   Introduced by:  Representatives Duenwald, Brooks, Diedrich (Larry), Diedtrich (Elmer), Duniphan, Engbrecht, Fiegen, Hennies, Jaspers, Juhnke, Klaudt, Kooistra, McCoy, McNenny, Michels, Monroe, Napoli, Peterson, Pummel, Richter, Roe, Slaughter, Sutton (Duane), and Young and Senators Drake, Albers, and Benson

       FOR AN ACT ENTITLED, An Act to   revise certain notice requirements for accidents involving only damage to the motor vehicle of the driver.

     Was read the first time.

     HB 1204   Introduced by:  Representatives Crisp, Chicoine, Duenwald, Fryslie, and Slaughter and Senators Vitter and Symens

       FOR AN ACT ENTITLED, An Act to   allow for the increase of drainage permit fees.

     Was read the first time.

     HB 1205   Introduced by:  Representatives Cutler, Apa, Brown (Richard), Duenwald, Haley, Hanson, Jaspers, Konold, McNenny, Peterson, Smidt, Sutton (Duane), and Waltman and Senators Olson, Albers, Brown (Arnold), Drake, Everist, Flowers, Shoener, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain requirements for moving mobile homes or manufactured homes.

     Was read the first time.

     HB 1206   Introduced by:  Representatives Broderick, Apa, Duniphan, and Michels and Senators Shoener and Vitter

       FOR AN ACT ENTITLED, An Act to   increase the penalty for stealing or damaging certain highway markers, signs, or control devices and make such violators responsible for any damages.

     Was read the first time.

     HB 1207   Introduced by:  Representatives Apa, Diedrich (Larry), Duenwald, McNenny, Napoli, and Pummel and Senators Staggers, Dennert, Flowers, Lange, Moore, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the definition of true and full value in money that is used for inheritance tax purposes.

     Was read the first time.

     HB 1208   Introduced by:  Representatives Patterson, Chicoine, Lockner, and McIntyre and Senator Flowers

       FOR AN ACT ENTITLED, An Act to   prohibit certain discrimination based on age.

     Was read the first time.

     HB 1209   Introduced by:  Representative Koskan and Senator Benson

       FOR AN ACT ENTITLED, An Act to   revise the criteria required for land to be classified as agricultural land.

     Was read the first time.

     HB 1210   Introduced by:  Representatives Clark, Fiegen, Napoli, Putnam, and Wudel and Senators Staggers and Bogue

       FOR AN ACT ENTITLED, An Act to   modify contract renewal provisions for school district food service purchases.

     Was read the first time.

     HB 1211   Introduced by:  Representatives Eccarius, Cutler, Duniphan, Fischer-Clemens, Haley, Jaspers, McNenny, Munson (Donald), and Wetz and Senators Whiting, Brosz, Frederick, Ham, Madden, Moore, Olson, and Reedy

       FOR AN ACT ENTITLED, An Act to   revise the date at which certain telecommunications companies may begin certain promotions for local exchange service.

     Was read the first time.

     HB 1212   Introduced by:  Representatives Young, Apa, and Napoli

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding dealer franchises to include motorcycles, all-terrain vehicles, and snowmobiles.

     Was read the first time.

     HB 1213   Introduced by:  Representatives McNenny, Brown (Jarvis), Chicoine, Koskan, and Waltman and Senators Symens, Brown (Arnold), Flowers, Vitter, and Whiting
 
     FOR AN ACT ENTITLED, An Act to   provide for an appeal of valuation decisions of the secretary of revenue and for the recovery of certain expenses.

     Was read the first time.

     HJR 1002   Introduced by:  Representatives Weber, Chicoine, Crisp, Kazmerzak, Kooistra, and Waltman and Senator Lange

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election a new section to Article XI of the Constitution of the State of South Dakota, relating to the imposition of a corporate income tax.

     Was read the first time.

     The following bills were read yesterday and today the Speaker assigned these bills to committees:

     HB 1102 was referred to the Committee on Judiciary.

     HB 1103 was referred to the Committee on State Affairs.

     HB 1104 was referred to the Committee on State Affairs.

     HB 1105 was referred to the Committee on State Affairs.

     HB 1106 was referred to the Committee on State Affairs.

     HB 1107 was referred to the Committee on State Affairs.

     HB 1108 was referred to the Committee on Local Government.

     HB 1109 was referred to the Committee on State Affairs.

     HB 1110 was referred to the Committee on State Affairs.

    HB 1111 was referred to the Committee on Judiciary.


     HB 1112 was referred to the Committee on Judiciary.

     HB 1113 was referred to the Committee on Judiciary.

     HJR 1001 was referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1019:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to workers' compensation managed care plans.

     Was read the second time.

     The question being "Shall HB 1019 pass?"

     And the roll being called:

     Yeas 56, Nays 0, Excused 1, Absent and Not Voting 13

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum

     Absent and Not Voting were:
Brown (Jarvis); Diedrich (Larry); Fischer-Clemens; Haley; Hanson; Klaudt; Koetzle; Konold; Kooistra; Michels; Monroe; Sutton (Daniel); Waltman

     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 1020:   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 second time.

     The question being "Shall HB 1020 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 1, Absent and Not Voting 6

     Yeas were:
Apa; Broderick; Brooks; 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; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum

     Absent and Not Voting were:
Brown (Jarvis); Haley; Hanson; Koetzle; Konold; Sutton (Daniel)

     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 1033:   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 second time.

     The question being "Shall HB 1033 pass?"

     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; Fryslie; 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; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

     Excused were:
Solum

     Absent and Not Voting were:
Sutton (Daniel)

     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 1013:   FOR AN ACT ENTITLED, An Act to   allow postsecondary technical institutes to refer debt collection to the Bureau of Administration.

     Was read the second time.

     The question being "Shall HB 1013 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; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; 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

     Nays were:
Monroe

     Excused were:
Solum

     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.
    

     Rep. Cutler requested that HB 1004 be removed from the Consent Calendar.

     Which request was granted and the bill was so removed.

     Speaker Hunt now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1021:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to conciliation of labor disputes.

     Was read the second time.

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     Rep. Cutler moved that HB 1021 be amended as follows:

     On page 1 , line 10 of the House State Affairs committee engrossed bill , delete " rational " and insert " rationale " .

     Which motion prevailed and HB 1021 was so amended.

     The question being "Shall HB 1021 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 35, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Engbrecht; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

     Nays were:
Brooks; Crisp; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Koskan; Lintz; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

     Excused were:
Solum

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     Rep. Lucas announced his intention to reconsider the vote by which HB 1021 lost.

     HB 1030:   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 second time.

     Rep. Michels moved that HB 1030 be referred back to the Committee on Commerce.

     Which motion prevailed and the bill was so referred.

     HB 1037:   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 second time.

     The question being "Shall HB 1037 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); 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:
Nachtigal; Solum

     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 1048:   FOR AN ACT ENTITLED, An Act to   allow the Department of Revenue to grant a business a statewide sales tax permit.

     Was read the second time.

     The question being "Shall HB 1048 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; 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:
Solum

     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 7:   FOR AN ACT ENTITLED, An Act to   remove the legal presumption of correctness which attaches to the assessed valuation determined by the director of equalization.

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

     SB 14:   FOR AN ACT ENTITLED, An Act to   revise the opening and closing times for polls.

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

     SB 15:   FOR AN ACT ENTITLED, An Act to   define who may be appointed as a member of the precinct election board if a list is not provided by a party's county central committee.

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

     SB 16:   FOR AN ACT ENTITLED, An Act to   require a candidate's financial statement to be filed biannually until disposition of all funds and payment of all obligations.

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

     SB 30:   FOR AN ACT ENTITLED, An Act to   revise the procedures and causes for revocation of certain hunting, fishing, and trapping privileges, and to provide a penalty.

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

     SB 33:   FOR AN ACT ENTITLED, An Act to   define the duty of insurers and rights of consumers with regard to auto insurance damage claims.

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

     Rep. Weber moved that the House do now adjourn, which motion prevailed, and at 3:22 p.m. the House adjourned.

Karen Gerdes, Chief Clerk