JOURNAL OF THE HOUSE

SEVENTY-EIGHTH  SESSION




TWELFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 30, 2003

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

     The prayer was offered by the Chaplain, Pastor Billy Wilson, followed by the Pledge of Allegiance led by House pages Ashley Coke and Jennifer Kelly.

     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 eleventh day and finds that the following corrections should be made:

    On page 206, delete lines 20 to 22, inclusive.

    Delete pages 207 and 208.

    All additional errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Matthew Michaels, Chair
    Which motion prevailed and the report was adopted.
REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1091 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Hal Wick, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1063 and 1085 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 27 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 1070 and returns the same with the recommendation that said bill be amended as follows:

1070ta
     On page 1, line 9 of the printed bill, delete " prior " .

1070tg
     On page 1, line 8 of the printed bill, delete " acquire " and insert " purchase any tract of land in fee title of more than one hundred sixty ".

     On page 1 , line 9, delete everything before " acres " .

1070tk
     On page 1, line 9 of the printed bill, after " acres " insert " that lies within one mile of any other such purchase ".

     And that as so amended said bill do pass.

Respectfully submitted,
Jim Lintz, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1078 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 Education respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

1077za
     On page 1, line 4 of the printed bill, overstrike " eleven " and insert " ten, eleven, ".

1077ca
     On page 2, line 1 of the printed bill, after " failing " insert " final course ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

1083cb
     On page 1 of the printed bill, remove the overstrikes from lines 9 and 10 .

     On page 1 , line 10, after " corporation " insert " , if the nonresident individual or corporation consents, ".

1083ca
     On page 1, line 6 of the printed bill, remove the overstrikes from " shall " .
     And that as so amended said bill do pass.

Respectfully submitted,
Phyllis M. Heineman, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1082 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 Local Government respectfully reports that it has had under consideration HB 1073 and returns the same with the recommendation that said bill be amended as follows:

1073fb
     On page 1, line 10 of the printed bill, delete " unless each participating subdivision agrees " and insert " if there are two participating subdivisions, one subdivision agrees to bear at least thirty percent of the estimated cost of the building or improvement or if there are three or more participating subdivisions, at least two of the subdivisions each agree ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 11 and returns the same with the recommendation that said bill be amended as follows:

11fa
     On page 2, line 9 of the Senate Local Government Committee engrossed bill, delete " sent " and insert " mailed or hand delivered ".

     And that as so amended said bill do pass.

Respectfully submitted,
Casey Murschel, Vice Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 20, 57, and 59 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1033 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to return herewith HB 1043 which has passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

    Speaker Michels now presiding.

MOTIONS AND RESOLUTIONS


     HCR 1003:   A CONCURRENT RESOLUTION,   Requesting the Game, Fish and Parks Commission to make certain adjustments to the Youth Pheasant Season and the Early Resident- Only Pheasant Season.

     Rep. Juhnke moved that HCR 1003 as found on pages 197 and 198 of the House Journal be adopted.

     The question being on Rep. Juhnke's motion that HCR 1003 be adopted.

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent 0


     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Koistinen

     Excused:
Adelstein; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1003 was adopted.

     HCR 1004:   A CONCURRENT RESOLUTION,   Recognizing and honoring the service and achievements of the South Dakota National Guard.

     Rep. Williamson moved that HCR 1004 as found on pages 198 and 199 of the House Journal be adopted.

     The question being on Rep. Williamson's motion that HCR 1004 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1004 was adopted.



     Rep. Bill Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 31st, the 13th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Judiciary on HB 1057 as found on page 194 of the House Journal ; also

     Judiciary on SB 22 as found on page 194 of the House Journal ; also

     State Affairs on SB 31 as found on page 195 of the House Journal ; also

     State Affairs on SB 32 as found on page 195 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1159   Introduced by:  The Committee on State Affairs at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make leaving employment due to domestic abuse good cause for voluntarily leaving employment for unemployment benefit purposes.

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

     HB 1160   Introduced by:  Representative Adelstein

       FOR AN ACT ENTITLED, An Act to   revise the maximum penalty for manslaughter in the second degree.

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

     HB 1161   Introduced by:  Representatives Gillespie, Dykstra, Frost, Hanson, Konold, and Solum and Senators Olson (Ed), Albers, Koetzle, Moore, Reedy, and Vitter

       FOR AN ACT ENTITLED, An Act to   require a permit of persons engaged in certain plumbing activities.

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



     HB 1162   Introduced by:  Representatives Smidt, Lange, and Michels and Senators Dennert, Bogue, and McCracken

       FOR AN ACT ENTITLED, An Act to   revise the membership of the governing board of the one-call notification center.

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

     HB 1163   Introduced by:  Representatives Peterson (Bill), Cutler, Elliott, Frost, Hennies, Konold, Kroger, Miles, Sebert, Smidt, Solum, Van Etten, and Wick and Senators McCracken, Abdallah, Brown, Duniphan, Kloucek, Koetzle, Kooistra, Moore, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to hunting in public rights-of-way.

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

     HB 1164   Introduced by:  Representatives Olson (Ryan) and Cradduck and Senators Moore, Greenfield, and Koetzle

       FOR AN ACT ENTITLED, An Act to   allow certain merchandising agreements between cigarette retailers and cigarette manufacturers and to place certain prohibitions on cigarette manufacturers.

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

     HB 1165   Introduced by:  Representative Adelstein and Senators Knudson, Ham, and Vitter

       FOR AN ACT ENTITLED, An Act to   require all passengers in passenger vehicles to wear seat belts.

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

     HB 1166   Introduced by:  Representative Adelstein and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the recovery of damages for dishonored checks.

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


     HB 1167   Introduced by:  Representative Adelstein

       FOR AN ACT ENTITLED, An Act to   provide for a driver license suspension and a civil penalty for certain thefts of gasoline.

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

     HB 1168   Introduced by:  Representatives Adelstein and Wick and Senator Ham

       FOR AN ACT ENTITLED, An Act to   require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

     HB 1169   Introduced by:  Representatives Engels and Christensen and Senator Dempster

       FOR AN ACT ENTITLED, An Act to   add a section of highway in Minnehaha County to the state trunk highway system.

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

     HB 1170   Introduced by:  Representatives Adelstein, Davis, Deadrick (Thomas), Hargens, and Lintz and Senators Diedrich (Larry), Duenwald, Jaspers, Nachtigal, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   revise certain administrative rules related to reports by pesticide applicators.

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

     HB 1171   Introduced by:  Representative Adelstein and Senator Vitter

       FOR AN ACT ENTITLED, An Act to   provide for capital punishment for second offense criminal pedophilia.

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

     HB 1172   Introduced by:  Representatives Rhoden, Elliott, Engels, Fryslie, Gillespie, Juhnke, Kroger, Murschel, Olson (Ryan), and Teupel and Senators Koskan, Apa, Bogue, de Hueck, Duenwald, Duxbury, Jaspers, Kloucek, Koetzle, Moore, and Symens


       FOR AN ACT ENTITLED, An Act to   revise the factors considered in the certification of a county overweight vehicle enforcement program.

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

     HB 1173   Introduced by:  Representatives Peterson (Bill) and Olson (Mel) and Senators Bogue and Moore

       FOR AN ACT ENTITLED, An Act to   create a constitutional revision commission to make a comprehensive study of the Constitution of this state and to consider and recommend legislation for the improvement of the Constitution.

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

     HB 1174   Introduced by:  Representatives Sebert, Bartling, Burg, Elliott, Engels, Fryslie, Juhnke, Lintz, Rhoden, Teupel, and Valandra and Senators Duenwald, Apa, Diedrich (Larry), Duxbury, Jaspers, Koetzle, Koskan, Moore, and Symens

       FOR AN ACT ENTITLED, An Act to   provide a weight tolerance for ice or snow buildup on vehicles.

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

     HB 1175   Introduced by:  Representatives Gillespie, Dykstra, Frost, Hanson, Konold, and Solum and Senators Olson (Ed), Albers, Koetzle, Moore, Reedy, and Vitter

       FOR AN ACT ENTITLED, An Act to   provide for a permit system for plumbing.

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

     HB 1176   Introduced by:  Representatives McCaulley, Begalka, Buckingham, Christensen, Cradduck, Cutler, Davis, Dykstra, Frost, Garnos, Hackl, Haverly, Heineman, Hennies, Hunhoff, Juhnke, Klaudt, Koistinen, Konold, Kraus, LaRue, Lintz, Madsen, McCoy, McLaughlin, Murschel, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Rave, Rhoden, Rounds, Schafer, Sebert, Smidt, Solum, Teupel, Van Etten, Weems, Wick, and Williamson and Senators Bogue, Abdallah, Albers, Apa, Diedrich (Larry), Duniphan, Greenfield, Ham, Jaspers, Kelly, Koetzle, Koskan, LaPointe, McCracken, Moore, Napoli, Olson (Ed), Schoenbeck, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   require voters to provide identification before voting or obtaining an absentee ballot.

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



     HB 1177   Introduced by:  Representatives Thompson, LaRue, McCoy, and Schafer and Senator Moore

       FOR AN ACT ENTITLED, An Act to   require a school board to notify the parent or guardian of each student being taught by certain teachers.

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

     HB 1178   Introduced by:  Representatives Thompson, Elliott, LaRue, McCoy, and Schafer and Senators Moore and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   require highly qualified teachers and to limit the use of unqualified substitute teachers.

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

     HB 1179   Introduced by:  Representatives Williamson, Bartling, Lange, Olson (Mel), Peterson (Bill), and Solum and Senators Earley, de Hueck, Moore, and Symens

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions prohibiting disclosures by a state agency of information concerning a private entity.

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

     HB 1180   Introduced by:  Representatives Peterson (Bill) and Bartling and Senators Dempster, Knudson, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   repeal the effective date for the sunsetting of certain provisions related to insurance taxes.

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

     HB 1181   Introduced by:  Representatives Juhnke, Bartling, and Peterson (Bill) and Senators Sutton (Dan), Diedrich (Larry), and Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   establish a comprehensive health association to provide health insurance coverage to eligible persons.

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

     HB 1182   Introduced by:  Representatives Rhoden, Davis, Deadrick (Thomas), Elliott, Fryslie, Hanson, Klaudt, LaRue, and Peterson (Jim) and Senators McCracken, Duenwald, Kleven, and Napoli



       FOR AN ACT ENTITLED, An Act to   exempt certain shooting ranges from the gross receipts tax on visitor-related businesses.

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

     HB 1183   Introduced by:  Representatives Wick, Cutler, Deadrick (Thomas), Gillespie, Hennies, Madsen, McCaulley, Michels, and Smidt and Senators de Hueck and Knudson

       FOR AN ACT ENTITLED, An Act to   prohibit pyramid promotional schemes.

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

     HB 1184   Introduced by:  Representatives Teupel, Cutler, Dykstra, Hanson, Madsen, and Weems and Senators Abdallah, Greenfield, Schoenbeck, Sutton (Dan), and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise certain fees concerning the garnishment of wages.

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

     HB 1185   Introduced by:  Representatives Teupel, Elliott, Hundstad, LaRue, Madsen, Peterson (Bill), and Smidt and Senators Sutton (Duane), Duenwald, Schoenbeck, and Symens

       FOR AN ACT ENTITLED, An Act to   allow creation of superimposed school districts.

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

     HB 1186   Introduced by:  Representatives Teupel, Madsen, McLaughlin, Peterson (Bill), and Smidt and Senators Napoli, Duniphan, McCracken, and Sutton (Duane)

       FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education with regard to treatment of certain revenues.

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

     HB 1187   Introduced by:  Representatives Weems, Buckingham, Hennies, Koistinen, Kraus, LaRue, Madsen, Miles, Novstrup, O'Brien, Peterson (Bill), Putnam, Rave, Smidt, Teupel, and Van Etten and Senators Jaspers, Abdallah, Duniphan, Kelly, and Sutton (Dan)

       FOR AN ACT ENTITLED, An Act to   prohibit the use of scanning devices or reencoders to defraud and to provide a penalty therefor.

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



     HB 1188   Introduced by:  Representatives Michels, Elliott, Olson (Mel), and Rounds and Senators Albers, Earley, Kooistra, Sutton (Dan), and Symens

       FOR AN ACT ENTITLED, An Act to   permit an association of school administrators to participate in the South Dakota Retirement System.

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

     HB 1189   Introduced by:  Representatives Pederson (Gordon), Adelstein, Haverly, Hennies, Kraus, Lintz, McCoy, McLaughlin, and Van Etten and Senators Vitter, Ham, and Napoli

       FOR AN ACT ENTITLED, An Act to   permit municipalities to impose and collect sales and use tax at municipally owned airports.

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

     HB 1190   Introduced by:  Representatives Pederson (Gordon), Adelstein, Haverly, Hennies, Kraus, McCoy, McLaughlin, and Van Etten and Senators Vitter, Ham, and Napoli

       FOR AN ACT ENTITLED, An Act to   limit the ability of certain municipalities to annex territory in the vicinity of certain airports.

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

     HB 1191   Introduced by:  Representative McCaulley and Senator Olson (Ed)

       FOR AN ACT ENTITLED, An Act to   reward certain eligible teachers for performance.

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

     HB 1192   Introduced by:  Representatives Lintz, Begalka, Hargens, Klaudt, Lange, Pederson (Gordon), and Van Gerpen and Senators Duenwald, Dennert, Duxbury, Kleven, Symens, and Vitter

       FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing agricultural property and to repeal the nonagricultural acreage classification.

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

     HB 1193   Introduced by:  Representatives Olson (Ryan), Garnos, Juhnke, Lintz, and Van Gerpen and Senators Duenwald, Dennert, and Nachtigal


       FOR AN ACT ENTITLED, An Act to   increase the penalty for certain trespass violations related to hunting, fishing, and trapping.

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

     HB 1194   Introduced by:  Representatives Burg, Bartling, Olson (Mel), Peterson (Bill), and Putnam and Senators Ham, Apa, Bogue, Dennert, Duxbury, Kleven, Napoli, and Symens

       FOR AN ACT ENTITLED, An Act to   establish a per diem reimbursement for members of the corrections commission and to provide a delayed effective date.

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

     HB 1195   Introduced by:  Representatives Konold, Nesselhuf, Olson (Mel), Pederson (Gordon), Sebert, and Solum and Senators Sutton (Dan), Kelly, Koetzle, McCracken, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   revise the definition of door to door sales.

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

     HB 1196   Introduced by:  Representatives Peterson (Bill), Michels, and Olson (Mel) and Senators Bogue, Brown, and Moore

       FOR AN ACT ENTITLED, An Act to   provide for the periodic review of the principal departments of state government.

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

     HB 1197   Introduced by:  Representatives Nesselhuf and Schafer and Senator Reedy

       FOR AN ACT ENTITLED, An Act to   allow the delivery of malt beverages by an off-sale licensee under certain circumstances.

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

     HB 1198   Introduced by:  Representatives Valandra and Van Norman and Senator LaPointe

       FOR AN ACT ENTITLED, An Act to   require seat belts on certain school buses.

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



     HB 1199   Introduced by:  Representatives Hargens, Bartling, Begalka, Burg, Davis, Gillespie, Hackl, Kroger, LaRue, Novstrup, Olson (Mel), Peterson (Jim), Rave, and Van Gerpen and Senators Duxbury, Dennert, Kooistra, and Nachtigal

       FOR AN ACT ENTITLED, An Act to   increase the general fund balance percentage for school districts in calculating state aid to education penalties.

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

     HB 1200   Introduced by:  Representatives Rounds and O'Brien and Senator de Hueck

       FOR AN ACT ENTITLED, An Act to   require the Board of Counselor Examiners to establish a client bill of rights.

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

     HB 1201   Introduced by:  Representatives Rounds and O'Brien and Senator de Hueck

       FOR AN ACT ENTITLED, An Act to   authorize the Board of Counselor Examiners to review allegations of unethical conduct by unlicensed counselors and therapists.

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

     HB 1202   Introduced by:  Representatives Adelstein, Buckingham, Hennies, Kraus, McLaughlin, Pederson (Gordon), and Van Etten and Senators McCracken, Duniphan, and Ham

       FOR AN ACT ENTITLED, An Act to   provide for the annexation of certain municipal airports and to regulate certain extraterritorial jurisdiction conflicts.

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

     HB 1203   Introduced by:  Representative Adelstein

       FOR AN ACT ENTITLED, An Act to   revise the requirements for decalcomanias to be displayed on mobile homes and manufactured homes.

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


     HB 1204   Introduced by:  Representative Adelstein

       FOR AN ACT ENTITLED, An Act to   increase the tax upon the sale of certain alcoholic beverages and to provide for the distribution of the tax revenue.

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

     HB 1205   Introduced by:  Representatives Adelstein and LaRue

       FOR AN ACT ENTITLED, An Act to   reorganize the state's school districts.

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

     HB 1206   Introduced by:  Representative Adelstein

       FOR AN ACT ENTITLED, An Act to   repeal provisions regarding ethanol subsidies and to appropriate that revenue to schools.

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

     HJR 1004   Introduced by:  Representatives Wick, Hargens, Peterson (Jim), and Sigdestad and Senator Koetzle

       A JOINT RESOLUTION,   Proposing and submitting to the voters at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to hunting, fishing, and trapping.

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

    There being no objection, the House proceeded to Order of Business No. 13

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 20:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Social Services to enter into alternative arrangements for the payment of child support obligations.

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


     SB 57:   FOR AN ACT ENTITLED, An Act to   provide for the temporary replacement of certain elected officials called for active duty in the armed forces and to declare an emergency.

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

     SB 59:   FOR AN ACT ENTITLED, An Act to   transfer from the county register of deeds to the county treasurer certain administrative duties regarding titles for vehicles and boats.

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

    There being no objection, the House reverted to Order of Business No. 11.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1047:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the requirements for utilization review and grievances for health carriers.

     Was read the second time.

     The question being "Shall HB 1047 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein

     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 exception for a patient's privilege on confidential communications with physicians and psychotherapists.



     Was read the second time.

     The question being "Shall HB 1086 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein

     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.

     SB 17:   FOR AN ACT ENTITLED, An Act to   update certain citations to federal law regarding pipeline safety inspection.

     Was read the second time.

     The question being "Shall SB 17 pass?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Excused:
Adelstein



     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1058:   FOR AN ACT ENTITLED, An Act to   prohibit discrimination against certain health care providers by health insurers.

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

1058jc

     Rep. Rounds moved that HB 1058 be amended as follows:

     On page 1, line 6 of the printed bill, delete " nor any other entity which pays or " .

     On page 1 , line 7, delete " reimburses health benefits " .

     Which motion prevailed and HB 1058 was so amended.

     Rep. Mel Olson moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1058 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 40, Excused 0, Absent 0

     Yeas:
Bartling; Begalka; Buckingham; Burg; Christensen; Dykstra; Gassman; Glenski; Hargens; Hundstad; Klaudt; Koistinen; Lange; Madsen; McCaulley; McCoy; Murschel; Nesselhuf; Novstrup; Olson (Ryan); Peterson (Bill); Putnam; Rave; Rhoden; Smidt; Solum; Valandra; Van Gerpen; Weems; Speaker Michels

     Nays:
Adelstein; Bradford; Cradduck; Cutler; Davis; Deadrick (Thomas); Elliott; Engels; Frost; Fryslie; Garnos; Gillespie; Hackl; Hanson; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Konold; Kraus; Kroger; LaRue; Lintz; McLaughlin; Miles; O'Brien; Olson (Mel); Pederson (Gordon); Peterson (Jim); Rounds; Schafer; Sebert; Sigdestad; Teupel; Thompson; Van Etten; Van Norman; Wick; Williamson


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

     HB 1068:   FOR AN ACT ENTITLED, An Act to   permit home school students to participate in high school interscholastic activities.

     Was read the second time.

     Rep. Bill Peterson moved that HB 1068 be deferred to Friday, January 31st, the 13th legislative day.

     Which motion prevailed and the bill was so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Bill Peterson moved that SB 30 be deferred to Monday, February 3rd, the 14th legislative day.

     Which motion prevailed and the bill was so deferred.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1043 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1043: FOR AN ACT ENTITLED, An Act to  revise the nonrenewal and preexisting requirements for individual health benefit plans.

     SB 4: FOR AN ACT ENTITLED, An Act to  define operating agreements for the purposes of regulating and licensing alcoholic beverages.


     SB 28: prevent certain provisions relating to the issuance, licensure, distribution, and revenue dedication requirements regarding early fall Canada goose temporary nonresident licenses and fall three-day temporary nonresident waterfowl licenses from reverting on June 30, 2003.

     And signed the same in the presence of the House.

     Rep. Rounds moved that the House do now adjourn, which motion prevailed and at 3:17 p.m. the House adjourned.

Karen Gerdes, Chief Clerk