JOURNAL OF THE HOUSE

SEVENTY-SIXTH  SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, January 16, 2001

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by House page Kelli Gehrels.

     Roll Call: All members present.

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 fourth 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,
Scott Eccarius, Chair

     Which motion prevailed and the report was adopted.

HONORED GUESTS

     Rep. Kloucek   introduced Miss Josephine Souhrada, Tabor Czech Days Queen. She was accompanied by Prince Daniel Vellek and Princess Shannon Souhrada.

    
     Rep. Gary Hanson introduced LeRoy Hellwig of Sisseton, the 2000-2001 Outstanding School Board member.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1049 and 1054 and returns the same with the recommendation that said bills 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 1032 and returns the same with the recommendation that said bill be amended as follows:

1032rb

     On page 1, line 12, of the printed bill, delete " shaded " and insert " emboldened ".

     On page 8 , delete lines 20 to 27 , inclusive, and insert:

"
0-800   100   150   180   200   220   240  
850   125   175   205   225   245   265  
900   150   200   230   250   270   290  
950   175   225   255   275   295   315  
1,000   200   250   280   300   320   340  
1,050   225   275   305   325   345   365  
1,100   250   300   330   350   370   390  
1,150   275   325   355   375   395   415  
1,200   291   350   380   400   420   440  
1,250   302   375   405   425   445   465  
1,300   313   400   430   450   470   490  
1,350   324   425   455   475   495   515  
1,400   336   450   480   500   520   540  
1,450   347   475   505   525   545   565  
1,500   358   500   530   550   570   590  
1,550   369   525   555   575   595   615  
1,600   380   550   580   600   620   640  
1,650   391   566   605   625   645   665  
1,700   402   582   630   650   670   690  
1,750   413   598   655   675   695   715  
1,800   424   615   680   700   720   740  
1,850   436   631   705   725   745   765  
1,900   447   647   730   750   770   790  
1,950   458   663   755   775   795   815  
2,000   469   679   780   800   820   840  
2,050   480   695   805   825   845   865  
2,100   491   710   830   850   870   890  
2,150   499   722   849   875   895   915  
2,200   508   734   864   900   920   940  
2,250   516   747   879   925   945   965  
2,300   524   759   893   950   970   990  
2,350   533   771   908   975   995   1,015  
2,400   541   784   923   1,000   1,020   1,040  
2,450   550   796   937   1,025   1,045   1,065  
2,500   558   808   952   1,050   1,070   1,090  
2,550   566   820   966   1,068   1,095   1,115  
2,600   571   827   973   1,075   1,120   1,140  
2,650   576   833   980   1,083   1,145   1,165  
2,700   580   840   988   1,091   1,170   1,190  
2,750   585   846   995   1,099   1,191   1,215  
2,800   590   852   1,002   1,107   1,200   1,240  
2,850   594   859   1,009   1,115   1,209   1,265  
2,900   599   865   1,016   1,123   1,217   1,290  
".

     Delete page 9 .


     On page 10 , delete lines 1 to 6 , inclusive.

1032rc

     On page 1, line 13 of the printed bill, delete " lessor " and insert " lesser ".

     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 1050 and returns the same with the recommendation that said bill be amended as follows:

1050ra

     On page 2 of the printed bill, delete lines 1 to 4 , inclusive, and insert:

"25-8-7.2. Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist, acting under court order, or at the request of both the mother and any alleged father of the child, may withdraw blood, tissue for the purpose of testing genetic systems to determine parentage. Tissue, saliva , or other bodily substances may be withdrawn, by a qualified person, using a noninvasive procedure, for the".


     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 1051 and returns the same with the recommendation that said bill be amended as follows:

1051rb

     On page 1, line 8 of the printed bill, delete " by a parent, guardian, or teacher in correcting a child " .

1051ra

     On page 1, line 9 of the printed bill, delete " this offense " and insert " an offense under this section ".
    
    And that as so amended said bill do pass.

Respectfully submitted,
Jarvis W. Brown, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1031, 1033, 1034, 1035, and 1037 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1009 and 1010 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.


Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1021 and returns the same with the recommendation that said bill do pass.


Respectfully submitted,
Jay L. Duenwald, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1044 and 1048 and returns the same with the recommendation that said bills do pass.


Respectfully submitted,
Richard "Dick" E. Brown, Chair
Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1008, 1067, and 1069 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1006 and returns the same with the recommendation that said bill be amended as follows:

1006ca

     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "adjust the use of the capital outlay fund.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Scott Eccarius, Chair

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 making arrangements for a memorial recognition of deceased former members of the House and Senate.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Rep. Smidt moved that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Seventy-sixth Legislative Session as found on page 44 of the House Journal be adopted.

     Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1080   Introduced by:  Representatives Brown (Richard), Abdallah, Davis, Flowers, Jaspers, Peterson (Jim), Slaughter, and Teupel and Senators Bogue, Daugaard, Koetzle, and McCracken

       FOR AN ACT ENTITLED, An Act to   permit applicable sales taxes to be applied as part of the collection costs and expenses for dishonored checks.

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

     HB 1081   Introduced by:  Representatives Kooistra, Holbeck, and Kloucek and Senator McIntyre

       FOR AN ACT ENTITLED, An Act to   require the installation of certain supplemental guide signs on the interstate highway system and state highway system.

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

     HB 1082   Introduced by:  Representatives Kooistra, McCoy, and Van Etten and Senators McIntyre and Diedtrich (Elmer)

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding insurance premium discounts for persons fifty-five years of age or older who complete a safe driving course.

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

     HB 1083   Introduced by:  Representatives Konold, Broderick, Brown (Jarvis), Madsen, Olson (Mel), Pederson (Gordon), and Sebert and Senators Munson, Daugaard, McCracken, Moore, Sutton (Dan), and Volesky

       FOR AN ACT ENTITLED, An Act to   authorize employers to pay wages by direct deposit.

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

     Rep. Bartling moved that the House do now adjourn, which motion prevailed and at 2:15 p.m. the House adjourned.

Karen Gerdes, Chief Clerk