House Journal 01/24/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 24, 2000

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House page Megan Kotz.

     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 ninth 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.

The oath of office was administered by Speaker Hunt to the following named pages: 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, and Sonja Voegele.

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

HONORED GUESTS

Rep. Brooks introduced the 1999-2000 South Dakota Easter Seals family of the year, Nancy, Chad, Michael, and Matthew Bloechl of Sioux Falls. Nancy Bloechl spoke briefly.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1059, 1061, 1063, 1066, 1067, and 1095 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1077 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 Judiciary respectfully reports that it has had under consideration HB 1064 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , between lines 12 and 13 of the printed bill , insert " The Office of the Attorney General shall promulgate rules, pursuant to chapter 1-26, to identify the types of biological specimens which, based on evidentiary value, may be procured and the procedures by which the biological specimens may be procured. " .

On page 1 , line 11 of the printed bill , before " crime " insert " sex crime pursuant to chapter 22-22 or a " .

On page 1 , line 15 , overstrike " the conviction " and insert " attaining custody " .

On page 1 , line 16 , before " crime " insert " conviction of a " .

On page 1 , line 16 , after " 22-1-2 " insert " or a conviction of a sex crime pursuant to chapter 22-22 " .

On page 2 , line 3 , after " filing. " insert " If the court does not sentence a person convicted of a sex crime pursuant to chapter 22-22 or a person convicted of a crime of violence as defined in § 22-1-2 to the Department of Corrections, the court shall order the convicted person to immediately report to a law enforcement agency for the collection of a biological specimen for genetic grouping analysis. " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , delete " shall complete " and insert " may perform " .

On page 1 , line 16 , delete " shall " and insert " may " .

On page 2 , line 9 , delete " shall complete " and insert " may perform " .

On page 2 , line 14 , delete " shall " and insert " may " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1100 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill , after " 36-4, " insert " 36-4A, " .

On page 3 , after line 2 , insert:

Section 5. That § 47-11D-1 be amended to read as follows:

47-11D-1. One or more physician assistants may form a professional corporation for practicing as physician's assistants under the South Dakota Business Corporation Act, if such corporations are organized and operated in accordance with the provisions of this chapter.

Physician assistants may form a professional limited liability company under the South Dakota Limited Liability Company Act if the limited liability company is organized and operated in accordance with the provisions of this chapter. The articles of organization of the limited liability company shall contain provisions complying with the requirements of this chapter.

Section 6. That chapter 47-11D be amended by adding thereto a NEW SECTION to read as follows:

Terms used in this chapter shall also include the following terms:

(1) "Articles of incorporation," the articles of organization of a limited liability company;

(2) "Corporation," both corporations under the South Dakota Business Corporations Act and limited liability companies under the South Dakota Limited Liability Company Act;

(3) "Director" or "officer," any manager of a limited liability company or the members of a limited liability company that does not have managers;

(4) "Incorporation," the members of a limited liability company;

(5) "Shareholders," the members of a limited liability company;

(6) "Shares" or "stock," membership interests in a limited liability company.

Section 7. That § 47-11D-2 be amended to read as follows:

47-11D-2. The ~~corporate~~ name of a corporation shall contain the words , " professional company " or " professional corporation " or abbreviations thereof, such as " Prof. Co., " " Prof. Corp., " " P.C. " , or " Prof. Ltd. " The name of a limited liability company formed under § 47-11D- 1 shall contain the words, professional limited liability company, or the abbreviation, Prof. L.L.C. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1007 which was tabled.

Respectfully submitted,
Roger Hunt, Vice Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1136 and SB 1, 22, and 32 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1138 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 Judiciary respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , delete lines 17 to 25 of the printed bill , inclusive .

On page 3 , delete lines 1 to 9 , inclusive .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1135 and 1141 which were deferred to the 36th legislative day.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1101 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , delete " completed a nationally certified " and insert " been certified by a nationally recognized " .

On page 1 , line 11 of the printed bill , after " program " insert " approved by the Department of Revenue " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 7 of the printed bill , delete " sick " and insert " personal " .

On page 1 , line 6 of the printed bill , delete " who has at least seven continuous years of employment " .

On page 1 , line 1 of the printed bill , delete " sick " and insert " personal " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1181, 1217, and 1218 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 45, 48, 60, 61, 62, and 79 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Klaudt moved that HB 1234 be referred from the Committee on Taxation to the Committee on Appropriations.

Which motion prevailed and the bill was so referred.

Rep. Richter moved that HB 1016 be referred from the Committee on Education to the Committee on Appropriations.

Which motion prevailed and the bill was so referred.

HCR 1007 Introduced by: Representatives Wetz, Brooks, Diedrich (Larry), Fryslie, Garnos, Jaspers, Juhnke, Klaudt, Koskan, Lintz, and McNenny and Senators Bogue, Brown (Arnold), Dunn (Jim), Frederick, Rounds, and Vitter

A CONCURRENT RESOLUTION, Supporting country-of-origin labeling of meat products.

WHEREAS, consumers are entitled to know the origin of the meat they purchase; and

WHEREAS, domestic livestock producers deserve fair and honest representation in the marketplace for meat products derived from their livestock; and

WHEREAS, current meat labeling and inspection laws and regulations do not require country-of-origin labeling; and

WHEREAS, United States agriculture operates in a worldwide market; and

WHEREAS, United States livestock producers are committed to produce meat products of high quality and fulfill consumer desires for food safety and nutritional value:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports legislation requiring country-of-origin labeling of meat products at the retail level.

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

     Local Government on HB 1074 as found on page 172 of the House Journal; also

     Health and Human Services on HB 1043 as found on pages 172 and 173 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1254 Introduced by: Representatives Roe, Nachtigal, and Volesky and Senators Daugaard, Duxbury, and Ham

     FOR AN ACT ENTITLED, An Act to establish a statute of limitations for certain actions or omissions by veterinarians.

     Was read the first time.

     HB 1255 Introduced by: Representatives Smidt, Clark, Cutler, Duenwald, Eccarius, Engbrecht, McCoy, Napoli, Richter, and Roe and Senators Ham, Brown (Arnold), Everist, Halverson, and Lawler

     FOR AN ACT ENTITLED, An Act to create the South Dakota Science and Technology Council.

     Was read the first time.

     HB 1256 Introduced by: Representatives Garnos and Chicoine and Senators Rounds and Hutmacher

     FOR AN ACT ENTITLED, An Act to revise the time for assigning commissioner responsibilities in municipalities operating under the commissioner form of government.

     Was read the first time.

     HB 1257 Introduced by: Representatives Garnos, Brown (Richard), Earley, Fiegen, Kooistra, Lucas, and McCoy and Senator Olson

     FOR AN ACT ENTITLED, An Act to provide financial incentives for teachers who are nationally certified.

     Was read the first time.

     HB 1258 Introduced by: Representatives Fitzgerald, Garnos, McIntyre, and Patterson and Senators Lange, Lawler, and Reedy

     FOR AN ACT ENTITLED, An Act to require the teaching of foreign language at the middle school grade level.

     Was read the first time.

     HB 1259 Introduced by: Representatives Sutton (Daniel), Apa, Davis, Hanson, Kooistra, Volesky, and Weber and Senators Hutmacher, Bogue, Lange, and Moore

     FOR AN ACT ENTITLED, An Act to appropriate funds for the operation and staffing of the Division of Antitrust Enforcement within the Office of the Attorney General.

     Was read the first time.

     HB 1260 Introduced by: Representatives Fryslie, Chicoine, Juhnke, Kazmerzak, Sebert, and Weber and Senators Frederick and Munson (David)

     FOR AN ACT ENTITLED, An Act to increase the authorized number of nonresident waterfowl hunting licenses.

     Was read the first time.

     HB 1261 Introduced by: Representatives Weber, Diedtrich (Elmer), Duenwald, Monroe, Sebert, and Waltman and Senators Lawler, Dunn (Rebecca), Flowers, Lange, Madden, Reedy, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act to permit schools to display the Ten Commandments.

     Was read the first time.

     HB 1262 Introduced by: Representatives McNenny, Crisp, Koehn, and Pummel and Senators Kleven and Symens

     FOR AN ACT ENTITLED, An Act to establish a certain distance from a municipality's corporate limits in which the municipality has planning and zoning authority.

     Was read the first time.

HB 1263 Introduced by: Representatives Monroe, Apa, Burg, Davis, Fischer-Clemens, Garnos, Haley, Juhnke, Koetzle, Lockner, Lucas, Michels, Munson (Donald), Roe, Volesky,

and Wilson and Senators Rounds, Brown (Arnold), Dunn (Jim), Flowers, Hutmacher, Kloucek, Lange, Moore, Olson, and Reedy

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding longevity compensation for state employees.

Was read the first time.

     HB 1264 Introduced by: Representatives Hunt, Chicoine, Klaudt, Kooistra, McIntyre, and Volesky and Senators Lawler, Dennert, Dunn (Rebecca), Lange, Moore, Olson, Reedy, and Vitter

     FOR AN ACT ENTITLED, An Act to create the South Dakota senior citizens' pharmaceutical assistance trust fund and the South Dakota senior citizens' pharmaceutical assistance interest fund, and to designate the interest fund for a program to assist low-income seniors to purchase medications and pharmaceuticals.

     Was read the first time.

     HB 1265 Introduced by: Representatives Hunt, Apa, Duenwald, Eccarius, Fryslie, Heineman, Klaudt, Koskan, McCoy, Monroe, Napoli, and Young and Senators Madden, Shoener, Staggers, and Vitter

     FOR AN ACT ENTITLED, An Act to establish an education voucher system to pay a portion of costs paid by students enrolled in certain nonpublic schools.

     Was read the first time.

     HB 1266 Introduced by: Representatives Hunt, Apa, Brooks, Brown (Richard), Duenwald, Eccarius, Fitzgerald, Fryslie, Heineman, Klaudt, Koskan, Lucas, Monroe, Peterson, Smidt, Volesky, and Young and Senators Dunn (Rebecca), Everist, and Olson

     FOR AN ACT ENTITLED, An Act to increase marriage license fees and to allow for a lower fee if the applicants complete premarital counseling.

     Was read the first time.

     HB 1267 Introduced by: Representatives Weber, Diedtrich (Elmer), Haley, Koehn, Koetzle, Lintz, Nachtigal, and Sutton (Duane) and Senators Kloucek, Lange, and Valandra

     FOR AN ACT ENTITLED, An Act to authorize the production of industrial hemp.

     Was read the first time.

     HB 1268 Introduced by: Representatives Brown (Richard), Brooks, Fiegen, Kooistra, Lucas, McCoy, and Peterson and Senators Brown (Arnold), Everist, Lange, and Lawler

     FOR AN ACT ENTITLED, An Act to prohibit the sale of certain tobacco products from displays that are accessible to the public.

     Was read the first time.

     HB 1269 Introduced by: Representatives Koskan and Juhnke and Senators Bogue and Benson

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

     Was read the first time.

     HB 1270 Introduced by: Representatives Munson (Donald) and Michels and Senator Moore

     FOR AN ACT ENTITLED, An Act to criminally prohibit the killing or harming of a police dog.

     Was read the first time.

     HB 1271 Introduced by: Representative Wilson

     FOR AN ACT ENTITLED, An Act to reduce state aid to education to certain school districts with excess general fund cash balances, to continuously appropriate certain funds, and to restrict certain school district transfers.

     Was read the first time.

     HB 1272 Introduced by: Representatives Wilson, Fiegen, Haley, and Hennies and Senator Moore

     FOR AN ACT ENTITLED, An Act to provide for periodic judicial review of status of children in custody of the Department of Corrections.

     Was read the first time.

HB 1273 Introduced by: Representatives Wilson, Fischer-Clemens, Haley, Lucas, Michels, and Roe and Senators Flowers and Duxbury

FOR AN ACT ENTITLED, An Act to create the Office of the Ombudsman for Juvenile Corrections.

Was read the first time.

     HB 1274 Introduced by: Representatives Davis, Koetzle, McIntyre, and Patterson and Senators Dunn (Rebecca), Flowers, Hutmacher, and Kloucek

     FOR AN ACT ENTITLED, An Act to provide for the assessment of actual representation expenses from nonunion employees.

     Was read the first time.

     HB 1275 Introduced by: Representatives Davis, Koetzle, McIntyre, and Patterson and Senators Dunn (Rebecca), Flowers, Hutmacher, and Kloucek

     FOR AN ACT ENTITLED, An Act to revise the method of designating and selecting representatives for public employees' unions.

     Was read the first time.

     HB 1276 Introduced by: Representatives Napoli, Apa, Haley, Konold, Kooistra, Lucas, Nachtigal, Slaughter, Sutton (Daniel), Sutton (Duane), Volesky, and Young and Senators Staggers, Brosz, Flowers, Lange, and Symens

     FOR AN ACT ENTITLED, An Act to establish eligibility requirements for purchasers of houses constructed by prison inmates.

     Was read the first time.

     HB 1277 Introduced by: Representatives Michels, Cutler, Diedrich (Larry), Fischer- Clemens, Roe, and Wilson and Senators Daugaard, Brown (Arnold), Hainje, Moore, Munson (David), and Symens

     FOR AN ACT ENTITLED, An Act to require the compiling and reporting of certain domestic abuse information.

     Was read the first time.

HB 1278 Introduced by: Representatives Michels, Brown (Jarvis), Crisp, Hunt, and Wilson and Senators Brown (Arnold) and Whiting

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the method of amending the articles of incorporation of nonprofit corporations.

Was read the first time.

     HB 1279 Introduced by: Representatives Putnam, Broderick, Hunt, Michels, Munson (Donald), and Wudel and Senators Albers, Bogue, Drake, Frederick, and Moore

     FOR AN ACT ENTITLED, An Act to provide penalties for certain violations of cremation laws.

     Was read the first time.

     HB 1280 Introduced by: Representatives Putnam, Broderick, Michels, and Wudel and Senators Albers, Bogue, Drake, Frederick, and Moore

     FOR AN ACT ENTITLED, An Act to increase the penalty for certain violations regarding vital records and the disposition of dead bodies.

     Was read the first time.

     HB 1281 Introduced by: Representative Richter and Senator Hainje

     FOR AN ACT ENTITLED, An Act to allow direct agreements on transfer of postsecondary education credit hours.

     Was read the first time.

     HB 1282 Introduced by: Representatives Klaudt, Duenwald, Fryslie, Hunt, Koskan, Sebert, Wetz, and Wilson and Senators Bogue, Benson, Kleven, Lawler, Madden, and Vitter

     FOR AN ACT ENTITLED, An Act to prohibit physician assistants from performing or assisting at certain medical tasks for the purpose of performing or inducing abortions.

     Was read the first time.

     HB 1283 Introduced by: Representatives Brooks, Hennies, and Kooistra and Senators Munson (David), Albers, and Daugaard

     FOR AN ACT ENTITLED, An Act to clarify when a defendant may be granted court- appointed counsel for certain misdemeanor offenses.

     Was read the first time.

     HB 1284 Introduced by: Representatives Brooks, Hennies, and Kooistra and Senators Munson (David), Albers, Daugaard, and Dunn (Rebecca)

     FOR AN ACT ENTITLED, An Act to include vehicular battery as an offense for which the statutory presumptions arising from a chemical analysis of bodily fluids apply.

     Was read the first time.

     HB 1285 Introduced by: Representatives Brooks, Hennies, and Kooistra and Senators Munson (David), Albers, Daugaard, and Dunn (Rebecca)

     FOR AN ACT ENTITLED, An Act to clarify that a person arrested for the offenses of vehicular battery or vehicular homicide may be required to submit to a withdrawal of bodily substances for chemical analysis.

     Was read the first time.

     HB 1286 Introduced by: Representatives Kooistra, Chicoine, Crisp, Engbrecht, Koehn, McIntyre, Patterson, and Sutton (Duane) and Senators Brown (Arnold), Dunn (Rebecca), Hainje, Kloucek, and Staggers

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to private shooting preserves.

     Was read the first time.

     HB 1287 Introduced by: Representative Kooistra and Senator Lawler

     FOR AN ACT ENTITLED, An Act to revise the safety belt law.

     Was read the first time.

     HB 1288 Introduced by: Representatives Hagen, Lucas, and Nachtigal and Senator Valandra

     FOR AN ACT ENTITLED, An Act to permit tribal identification cards in lieu of other identification when applying for a driver's license.

     Was read the first time.

HB 1289 Introduced by: Representatives Smidt, Duenwald, Jaspers, Konold, and Peterson

FOR AN ACT ENTITLED, An Act to provide for administrative assistants to the offices of majority and minority leadership and to make an appropriation therefor.

Was read the first time.

     HB 1290 Introduced by: Representatives Smidt, Duenwald, Eccarius, Haley, Jaspers, Konold, Peterson, and Richter

     FOR AN ACT ENTITLED, An Act to provide for certain ex officio members of the Executive Board of the Legislative Research Council and to provide for the determination of the chair and vice chair.

     Was read the first time.

     HB 1291 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Education for certain technology enhancement programs and to make an appropriation therefor.

     Was read the first time.

     HB 1292 Introduced by: The Committee on Appropriations at the request of the Governor

     FOR AN ACT ENTITLED, An Act to establish the tobacco settlement fund and authorize certain expenditures from the fund.

     Was read the first time.

     HB 1293 Introduced by: Representatives Derby, Duniphan, Fiegen, and Peterson and Senator Hainje

     FOR AN ACT ENTITLED, An Act to revise the procedure to determine if real estate taxes have been paid before the date due.

     Was read the first time.

     HB 1294 Introduced by: Representatives Derby and Eccarius and Senator Whiting

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

     Was read the first time.

     HB 1295 Introduced by: Representatives Lintz, Cerny, Kazmerzak, Koskan, and McNenny and Senators Bogue, Rounds, and Symens

     FOR AN ACT ENTITLED, An Act to revise the list of practices not considered to be veterinary medicine.

     Was read the first time.

     HB 1296 Introduced by: Representative Broderick and Senator Bogue

     FOR AN ACT ENTITLED, An Act to revise the requirements for motorcycle mufflers.

     Was read the first time.

     HB 1297 Introduced by: Representative Haley and Senator Symens

     FOR AN ACT ENTITLED, An Act to require the Department of Corrections penal institutions to be accredited by the American Correctional Association.

     Was read the first time.

     HB 1298 Introduced by: Representatives Haley, Fischer-Clemens, Hagen, Koetzle, Lucas, and Wilson and Senators Olson, Duxbury, Flowers, Hutmacher, Paisley, and Symens

     FOR AN ACT ENTITLED, An Act to provide for a bill of rights for children in the care of the state.

     Was read the first time.

     HB 1299 Introduced by: Representatives Haley, Fischer-Clemens, Hagen, Koetzle, and Lucas and Senators Olson, Duxbury, Flowers, Hutmacher, Paisley, and Symens

     FOR AN ACT ENTITLED, An Act to provide for a bill of rights for the parents of children in the care of the state.

     Was read the first time.

     HB 1300 Introduced by: Representatives Jaspers, Diedrich (Larry), Duenwald, Hanson, Juhnke, Napoli, and Wetz and Senators Symens and Benson

     FOR AN ACT ENTITLED, An Act to prohibit fishing near private property.

     Was read the first time.

     HB 1301 Introduced by: Representatives Jaspers, Duenwald, Hanson, Juhnke, Napoli, and Wetz and Senators Symens and Benson

     FOR AN ACT ENTITLED, An Act to revise the acreage requirement for inundated lands.

     Was read the first time.

     HB 1302 Introduced by: Representatives Jaspers, Brown (Richard), Duniphan, Peterson, Roe, and Wetz and Senators Shoener and Valandra

     FOR AN ACT ENTITLED, An Act to allow certain interstate shipments of wine.

     Was read the first time.

     HB 1303 Introduced by: Representative Peterson

     FOR AN ACT ENTITLED, An Act to permit use of distraint, including booting, seizure, and sale against any motor vehicle owned by certain child support obligors.

     Was read the first time.

     HB 1304 Introduced by: Representatives Apa, Lintz, and Munson (Donald) and Senators Albers, Madden, and Vitter

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of tax returns and tax payments.

     Was read the first time.

     HB 1305 Introduced by: Representatives Duenwald and Brown (Jarvis) and Senator Drake

     FOR AN ACT ENTITLED, An Act to allow for insurance against legal liability for exemplary or punitive damages.

     Was read the first time.

     HB 1306 Introduced by: Representatives Duenwald and Brown (Jarvis) and Senator Drake

     FOR AN ACT ENTITLED, An Act to retroactively apply the annual increase in workers' compensation benefits to certain disabilities.

     Was read the first time.

     HB 1307 Introduced by: Representatives Garnos, Engbrecht, Sutton (Daniel), and Wetz

     FOR AN ACT ENTITLED, An Act to appropriate funds for the provision of internet access wiring to assisted living centers in South Dakota.

     Was read the first time.

     HB 1308 Introduced by: Representatives McIntyre, Brown (Jarvis), Brown (Richard), Clark, Duniphan, Fischer-Clemens, Fitzgerald, Garnos, Haley, Hennies, Hunt, Koetzle, Kooistra, Lockner, Lucas, Michels, Nachtigal, Patterson, Slaughter, Sutton (Daniel), and Wilson and Senators Duxbury, Albers, Brosz, Dunn (Rebecca), Flowers, Hutmacher, Lange, Lawler, Moore, Olson, Paisley, Reedy, Shoener, and Vitter

     FOR AN ACT ENTITLED, An Act to prohibit the possession of certain forms of computer-related child pornography.

     Was read the first time.

     HB 1309 Introduced by: Representatives Koehn and Monroe

     FOR AN ACT ENTITLED, An Act to revise the licensure renewal date for chiropractors and to authorize a fee to defray the costs of peer review established by the Board of Chiropractic Examiners.

     Was read the first time.

     HB 1310 Introduced by: Representatives Heineman, Apa, Duenwald, Eccarius, Fryslie, Hunt, Klaudt, Koskan, McCoy, Monroe, Napoli, and Young and Senators Madden and Vitter

     FOR AN ACT ENTITLED, An Act to appropriate money to operate an education voucher system.

     Was read the first time.

     HB 1311 Introduced by: Representatives Juhnke and Monroe and Senator Dunn (Jim)

     FOR AN ACT ENTITLED, An Act to prohibit the geographic reassignment of elected officials.

     Was read the first time.

HB 1312 Introduced by: Representatives Earley and Heineman and Senator Munson (David)

FOR AN ACT ENTITLED, An Act to exempt the gross receipts from certain events or activities sponsored by nonprofits for the benefit of homeless persons.

Was read the first time.

     HB 1313 Introduced by: Representatives Fiegen, Diedtrich (Elmer), Peterson, and Sutton (Duane) and Senators Brown (Arnold) and Lawler

     FOR AN ACT ENTITLED, An Act to prohibit smoking in certain public places.

     Was read the first time.

     HB 1314 Introduced by: Representatives Fiegen, Broderick, Brooks, Brown (Richard), Chicoine, Clark, Crisp, Cutler, Davis, Derby, Diedrich (Larry), Diedtrich (Elmer), Duniphan, Earley, Eccarius, Engbrecht, Fischer-Clemens, Fitzgerald, Fryslie, Hagen, Hanson, Heineman, Hennies, Jaspers, Juhnke, Klaudt, McCoy, McNenny, Michels, Peterson, Pummel, Richter, Slaughter, Smidt, Sutton (Duane), Wetz, Wilson, and Young and Senators Everist, Bogue, Brown (Arnold), Dunn (Rebecca), Duxbury, Frederick, Hainje, Ham, Kleven, Lawler, and Munson (David)

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding family day care homes and unregistered family day care homes.

     Was read the first time.

     HB 1315 Introduced by: Representatives Fiegen, Brooks, Brown (Richard), Clark, Crisp, Cutler, Davis, Derby, Diedrich (Larry), Fryslie, Hagen, Heineman, Juhnke, Lockner, McCoy, McNenny, Pummel, Sutton (Duane), Wetz, and Wilson and Senators Daugaard, Hainje, and Hutmacher

     FOR AN ACT ENTITLED, An Act to create a Board of Regents Advisory Council.

     Was read the first time.

     HJR 1004 Introduced by: Representatives Eccarius and Klaudt

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article V, section 3 and 11 of the Constitution of the State of South Dakota, limiting the manner in which circuit court judges may be transferred and the boundaries of circuits may be altered.

     Was read the first time.

     HJR 1005 Introduced by: Representatives Koehn, Chicoine, Klaudt, Nachtigal, and Sutton (Duane) and Senators Kloucek and Staggers

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI, section 7 of the Constitution of the State of South Dakota, relating to the rights of the accused.

     Was read the first time.

The following bills have had their first reading and the Speaker assigned them to the following committees:

HB 1239 was referred to the Committee on State Affairs.

HB 1240 was referred to the Committee on Agriculture and Natural Resources.

HB 1241 was referred to the Committee on State Affairs.

HB 1242 was referred to the Committee on Agriculture and Natural Resources.

HB 1243 was referred to the Committee on State Affairs.

HB 1244 was referred to the Committee on Appropriations.

HB 1245 was referred to the Committee on State Affairs.

HB 1246 was referred to the Committee on Taxation.

HB 1247 was referred to the Committee on Local Government.

HB 1248 was referred to the Committee on State Affairs.

HB 1249 was referred to the Committee on Education.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1046: FOR AN ACT ENTITLED, An Act to revise the benefit plans that are exempt from execution, attachment, garnishment, seizure, or taking by any legal process.

Was read the second time.

The question being "Shall HB 1046 pass as amended?"

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.

HB 1085: FOR AN ACT ENTITLED, An Act to clarify that certain group policies are required to provide coverage for biologically-based mental illnesses and diabetes supplies, equipment, and education.

Was read the second time.

     The question being "Shall HB 1085 pass?"

     And the roll being called:

     Yeas 67, Nays 2, 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; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; 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

Nays were:
Fiegen; McNenny

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.

Speaker Pro tempore Eccarius now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1055: FOR AN ACT ENTITLED, An Act to provide for the finalization of proceedings for termination of parental rights under certain circumstances.

Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 67, Nays 1, 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); Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Waltman

Excused were:
Putnam; 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 1022: 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.

Having had its second reading was up for consideration and final passage.

Rep. Kazmerzak moved that HB 1022 be amended as follows:

On page 1 , line 11 of the House Agriculture and Natural Resources committee engrossed bill , delete " in or accept " .

On page 1 , line 14 , after " storage. " insert " Any person who accepts into public storage any game bird, game fish, or game animal must post notice of the tagging requirements of this section in a conspicuous place adjacent to the public storage. " .

On page 1 , line 16 , after " convenience " insert " and has a South Dakota sales tax license " .

On page 2 , line 4 , after " or " insert " knowingly " .

Rep. Koskan moved that Rep. Kazmerzak's pending amendment to HB 1022 be amended as follows:

Delete "On page 2, line 4, after "or" insert "knowingly"" and insert "On page 2, line 4, delete "or receive for shipment"".

Which motion lost.

Rep. Patterson moved that Rep. Kazmerzak's pending amendment to HB 1022 be amended as follows:

Delete "On page 2, line 4, after " or " insert " knowingly "" and insert " On page 2, line 4, after " may " insert " knowingly " " .

Which motion prevailed and Rep. Kazmerzak's pending amendment was so amended.

The question being on Rep. Kazmerzak's amended pending motion to amend HB 1022.

Which motion prevailed and HB 1022 was so amended.

The question being "Shall HB 1022 pass as amended?"

And the roll being called:

Yeas 42, Nays 23, Excused 3, Absent and Not Voting 2

Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedtrich (Elmer); Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Patterson; Richter; Roe; Smidt; Sutton (Daniel); Volesky; Weber; Wetz; Wilson; Young; Speaker Hunt

Nays were:
Cutler; Diedrich (Larry); Duenwald; Duniphan; Eccarius; Garnos; Heineman; Jaspers; Klaudt; Konold; Koskan; McCoy; McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Sebert; Slaughter; Sutton (Duane); Waltman; Wudel

Excused were:
Apa; Nachtigal; Solum

Absent and Not Voting were:
Fiegen; Koehn

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 1023: 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.

Having had its second reading was up for consideration and final passage.

Rep. Juhnke moved that HB 1023 be amended as follows:

On page 1 , line 11 of the House Agriculture and Natural Resources committee engrossed bill , after " light " insert " utilizing no more than two AA batteries " .

On page 1 , line 16 , after " beaver " insert " during its hunting season " .

Rep. Crisp moved that HB 1023 be amended as follows:

On page 1 , line 16 of the House Agriculture and Natural Resources committee engrossed bill , after " beaver " insert " during its hunting season " .

Which motion prevailed and HB 1023 was so amended.

     The question being "Shall HB 1023 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 18, Excused 2, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Juhnke; Kazmerzak; Koetzle; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson

Nays were:
Cutler; Diedrich (Larry); Eccarius; Fiegen; Jaspers; Klaudt; Konold; Koskan; McNenny; Monroe; Napoli; Peterson; Putnam; Waltman; Weber; Wudel; Young; Speaker Hunt

Excused were:
Apa; Solum

Absent and Not Voting were:
Fischer-Clemens; Koehn

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 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of property seized by law enforcement agencies.

Was read the second time.

     The question being "Shall HB 1068 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 16, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Koehn; Konold; Kooistra; Lintz; McCoy; McIntyre; McNenny; Michels; Nachtigal; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cutler; Davis; Duenwald; Fischer-Clemens; Haley; Klaudt; Koetzle; Koskan; Lockner; Lucas; Monroe; Munson (Donald); Napoli; Patterson; Sutton (Daniel); Waltman

Excused were:
Earley; Kazmerzak; 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 1026: 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 second time.

     The question being "Shall HB 1026 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 1, Excused 6, Absent and Not Voting 2

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

Nays were:
Peterson

Excused were:
Broderick; Clark; Derby; Earley; Kazmerzak; Solum

Absent and Not Voting were:
Cutler; Michels

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 1086: FOR AN ACT ENTITLED, An Act to revise the type of machinery that may be purchased for maintaining municipal cemeteries.

Was read the second time.

     The question being "Shall HB 1086 pass?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; 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

Nays were:
Cutler; Eccarius; Michels; Speaker Hunt

Excused were:
Clark; Earley; Kazmerzak; 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 1040: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

Was read the second time.

     The question being "Shall HB 1040 pass?"

     And the roll being called:

     Yeas 47, Nays 22, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Juhnke; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wudel; Speaker Hunt

Nays were:
Burg; Cerny; Chicoine; Crisp; Davis; Diedtrich (Elmer); Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Lockner; Lucas; Nachtigal; Napoli; Sutton (Daniel); Wetz; Wilson; Young

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 45: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter into a multi- state compact for the development, implementation, and administration of a simplified sales and use tax collection system.

Was read the first time.

SB 48: FOR AN ACT ENTITLED, An Act to establish the crime of criminal exposure to HIV and to provide a penalty therefor.

Was read the first time.

SB 60: FOR AN ACT ENTITLED, An Act to provide for the revocation of the driving privileges of certain persons who are under the influence of illegal substances while driving or riding in a motor vehicle.

Was read the first time.

SB 61: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

Was read the first time.

SB 62: FOR AN ACT ENTITLED, An Act to provide that sexual penetration with a minor stepchild is rape in the third degree.

Was read the first time.

SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to notice or nonrenewal of automobile policies.

Was read the first time.

Rep. Broderick moved that the House do now adjourn, which motion prevailed, and at 3:54 p.m. the House adjourned.

Karen Gerdes, Chief Clerk