The House convened at 10:00 a.m., pursuant to adjournment, Speaker Pro tempore Hunt
presiding.
The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by House page Sarah Sunde.
Roll Call: All members present.
Rep. Gabriel moved that SB 72 be placed to precede SB 128 on today's calendar.
Which motion prevailed.
SB 72
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to state
aid to education and to declare an emergency.
Was read the second time.
"
Section
1.
That chapter 13-37 be amended by adding thereto a NEW SECTION to read as
follows:
Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; de
Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald;
Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit;
Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Pummel; Putnam; Roe;
Rost; Smidt; Weber; Wick; Windhorst; Speaker Hagg
Excused were:
Cerny; Koetzle; Peterson (Bill); Wetz
Absent and Not Voting were:
Schaunaman
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question now being on Rep. Richter's pending motion that SB 72 be amended.
The question now being on Rep. Richter's pending amendment to SB 72 as amended.
Which motion prevailed and SB 72 was so amended.
The question now being "Shall SB 72 pass as amended?"
And the roll being called:
Yeas 51, Nays 17, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp;
Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen;
Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold;
Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van
Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Lee;
Lockner; Lucas; Schrempp; Sokolow; Sperry; Volesky; Waltman
Excused were:
Koetzle
Absent and Not Voting were:
Schaunaman
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
Rep. Gabriel moved that the House do now recess until 11:25 a.m., which motion prevailed
and at 11:05 a.m., the House recessed.
The House reconvened at 11:25 a.m., Speaker Pro tempore Hunt presiding.
I have the honor to return herewith HB 1033, 1034, 1077, 1081, 1106, 1115, 1135, 1152,
1224, 1234, 1253, and 1279 which have passed the Senate without change.
Nays were:
Apa; Barker; Collier; Davis; Fiegen; Gleason; Kazmerzak; Lockner; Moore; Munson (Donald);
Roe; Schrempp; Sokolow
Excused were:
de Hueck; Koetzle; Peterson (Bill); Sperry
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and Senate amendments to HB 1277 were concurred in.
Judiciary on SB 100 as found on page 793 of the House Journal; also
Which motion prevailed and the reports were adopted.
Rep. Gabriel moved that the word "not" be stricken from the report of the Committee on
Health and Human Services on SB 198 as found on page 797 of the House Journal and that SB
198 be placed on today's calendar.
The question being on Rep. Gabriel's motion that the word "not" be stricken from the
report of the Committee on Health and Human Services on SB 198 as found on page 797 of the
House Journal and that SB 198 be placed on today's calendar.
And the roll being called:
Yeas 40, Nays 26, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler;
DeMersseman; Diedrich; Duenwald; Duniphan; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Matthews; McNenny; Monroe;
Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost; Schaunaman;
Smidt; Van Gerpen; Volesky; Wetz; Wick
Nays were:
Barker; Cerny; Chicoine; Collier; Davis; Derby; Duxbury; Eccarius; Fiegen; Fischer-Clemens;
Gleason; Hagen; Haley; Kazmerzak; Lee; Lockner; Lucas; Madden; Moore; Roe; Schrempp;
Sokolow; Waltman; Weber; Windhorst; Speaker Hagg
Excused were:
de Hueck; Koetzle; Peterson (Bill); Sperry
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried, the "not" was stricken and SB 198 was placed on today's
calendar.
Rep. Gabriel moved that SB 198 be placed to follow SB 93 on today's calendar.
Which motion prevailed.
Rep. Moore moved as a substitute motion that the House do not adopt the report of the
Conference Committee on HB 1102 and that a new committee be appointed.
A roll call vote was requested and supported.
The question being on Rep. Moore's substitute motion that the House do not adopt the
report of the Conference Committee on HB 1102 and that a new committee be appointed.
And the roll being called:
Yeas 24, Nays 43, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Barker; Brown (Richard); Cerny; Chicoine; Cutler; Duxbury; Gleason; Hagen; Haley;
Kazmerzak; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Richter; Rost;
Schrempp; Sokolow; Waltman; Weber; Wick
Nays were:
Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Collier; Crisp; Davis; DeMersseman; Derby;
Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden;
Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam;
Roe; Schaunaman; Smidt; Van Gerpen; Volesky; Wetz; Windhorst; Speaker Hagg
Excused were:
de Hueck; Koetzle; Sperry
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question now being on Rep. Hagg's motion that the report of the Conference
Committee on HB 1102 be adopted.
And the roll being called:
Nays were:
Apa; Barker; Belatti; Broderick; Brown (Richard); Chicoine; Cutler; Davis; Fiegen; Fitzgerald;
Hagen; Hunt; Kazmerzak; Kooistra; Koskan; Kredit; Lockner; Moore; Munson (Donald);
Richter; Rost; Schrempp; Smidt; Sokolow; Van Gerpen; Waltman; Weber; Wick
Excused were:
de Hueck; Koetzle
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report was adopted.
Rep. Richard Brown moved that the report of the Conference Committee on HB 1046 as
found on page 824 of the House Journal be adopted.
The question being on Rep. Richard Brown's motion that the report of the Conference
Committee on HB 1046 be adopted.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Nays were:
Lockner; Moore
Excused were:
de Hueck; Koetzle
Rep. Jarvis Brown moved that the report of the Conference Committee on SB 43 as found
on page 825 of the House Journal be adopted.
The question being on Rep. Jarvis Brown's motion that the report of the Conference
Committee on SB 43 be adopted.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson
(Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber;
Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
de Hueck; Koetzle
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the report of the Conference Committee on SB 43 was
adopted.
Rep. Hagg moved that the report of the Conference Committee on SB 156 as found on
page 825 of the House Journal be adopted.
Rep. Jorgensen moved as a substitute motion that the House do not adopt the report of the
Conference Committee on SB 156 and that a new committee be appointed.
Which motion prevailed and the Speaker appointed as such committee Reps. Jorgensen,
Derby, and Hagen.
SB 178
:
FOR AN ACT ENTITLED, An Act
to require the mandatory payment of costs
and attorney's fees in frivolous or malicious actions.
Was read the second time.
The question being "Shall SB 178 pass as amended?"
And the roll being called:
Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Napoli; Pederson
(Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp;
Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst;
Speaker Hagg
Nays were:
Collier; Madden
Excused were:
de Hueck; Koetzle; Munson (Donald)
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. Gabriel moved that SB 128 be placed to follow SB 103 on today's calendar.
Which motion prevailed.
SB 181
:
FOR AN ACT ENTITLED, An Act
to allow additional compensation to state's
attorneys for the performance of legal services under the Violence Against Women Act.
Was read the second time.
Nays were:
Cerny; Duenwald; Hassard; Johnson (Doug); Kooistra; Koskan; Monroe; Napoli; Pederson
(Gordon); Schrempp; Windhorst
Excused were:
de Hueck; Koetzle
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 259
:
FOR AN ACT ENTITLED, An Act
to promote personal responsibility and
provide temporary assistance for needy families and to revise certain provisions relating to
public assistance.
Was read the second time.
Section 28. There is hereby created within the Governor's Office of Economic Development,
the State-Tribal Economic Development Commission. The purpose of the commission is:
Section 30. Each tribal government shall appoint one member to the commission in such
manner and for such term as the tribal government deems appropriate.
Section 31. The Governor shall appoint one member from the Governor's Office of
Economic Development who shall serve at the pleasure of the Governor.
Section 32. The Executive Board of the Legislative Research Council shall appoint four
members: one senator from each political party and one representative from each political party.
The legislative commissioners shall serve two-year terms and are eligible for reappointment.
Section 33. All members of the authority shall be residents of South Dakota. The
commissioners shall annually elect two cochairs, one a tribal commissioner and one a nontribal
commissioner. The commission may elect such other officers as it deems proper. Appointments
to fill a vacancy of any of the members shall be made in the same manner as the original
appointment.
Section 34. Members of the commission are not entitled to compensation for their services
as members, but are entitled to reimbursement for all necessary expenses incurred in connection
with the performance of their duties as members.
Section 35. Eight members of the commission constitute a quorum and the affirmative vote
of the majority of the members present at a meeting of the board is sufficient for any action
taken by the commission. However, the affirmative vote of at least eight members is required
for the expenditure of commission funds.
Section 36. The commission shall possess all the powers of a body politic and corporate
necessary and convenient to accomplish the purposes of sections 28 to 41, inclusive of this Act,
including the following:
Section 38. The initial funding for the commission shall be two hundred thousand dollars
to be deposited in a special fund hereby created in the state treasury known as the South Dakota
state-tribal economic development fund. Of the initial two hundred thousand dollars, one
hundred thousand dollars shall be provided by the state as appropriated in section 39 of this Act,
and one hundred thousand dollars shall be provided by the nine tribal governments apportioned
in such manner and derived from such sources, including federal grants, as they may mutually
agree.
Section 39. There is hereby appropriated from the general fund the sum of one hundred
thousand dollars ($100,000), or so much thereof as may be necessary, to the State-Tribal
Economic Development Commission to carry out the purposes of sections 28 to 41, inclusive
of this Act.
Section 40. The Governor shall approve vouchers and the state auditor shall draw warrants
to pay expenditures authorized by sections 28 to 41, inclusive, of this Act.
Section 41. Any amounts appropriated in sections 28 to 41, inclusive, of this Act not
lawfully expended or obligated by June
30,
2000, shall revert in accordance with
§
4-8-21."
A majority of the members consented.
The question now being on Rep. Volesky's motion that SB 259 be amended.
A roll call vote was requested and supported.
And the roll being called:
Nays were:
Belatti; Broderick; Brooks; Cutler; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Eccarius; Fiegen; Gabriel; Hassard; Hunt; Jaspers; Jorgensen; Konold; Koskan; Kredit;
Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon);
Pummel; Putnam; Richter; Roe; Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
de Hueck
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and SB 259 was so amended.
Which motion prevailed.
The question being on Rep. Gabriel's motion that SB 259 be further amended.
A roll call vote was requested and supported.
And the roll being called:
Yeas 40, Nays 30, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cutler; de Hueck;
DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel;
Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Madden; Matthews;
McNenny; Monroe; Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost; Smidt; Van
Gerpen; Wetz; Wick; Windhorst; Speaker Hagg
"
Section 28. This Act is repealed on June 30, 1998.
"
The question being "Shall SB 259 pass as amended?"
And the roll being called:
Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard;
Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan;
Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson
(Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber;
Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Fiegen; Gabriel
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed.
The question being on the title.
Rep. Cutler moved that the House do now recess for one hour, which motion prevailed and
at 2:02 p.m., the House recessed.
The House reconvened at 3:02 p.m., the Speaker presiding.
"
Section 5. The provisions of this Act are repealed effective July 1, 1999.
"
Nays were:
Barker; Belatti; Brooks; Brown (Richard); Cerny; Chicoine; Collier; Crisp; DeMersseman;
Derby; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hunt;
Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Madden; Moore; Napoli; Pederson
(Gordon); Schaunaman; Van Gerpen; Volesky; Weber
Absent and Not Voting were:
Putnam
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and SB 137 was so amended.
The question being on Rep. Cutler's motion that SB 137 be further amended.
And the roll being called:
Yeas 39, Nays 31, Excused 0, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brosz; Brown (Jarvis); Cutler; DeMersseman; Diedrich; Duenwald; Duniphan;
Fiegen; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Koskan; Kredit;
Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel;
Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Waltman; Wetz; Wick;
Windhorst; Speaker Hagg
Nays were:
Barker; Belatti; Brooks; Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck;
Derby; Duxbury; Eccarius; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak;
Koetzle; Konold; Kooistra; Lee; Lockner; Lucas; Madden; Pederson (Gordon); Schaunaman;
Van Gerpen; Volesky; Weber
Rep. Brooks moved the previous question.
Which motion prevailed.
The question being "Shall SB 137 pass as amended?"
And the roll being called:
Yeas 22, Nays 48, Excused 0, Absent and Not Voting 0
Yeas were:
Cutler; DeMersseman; Duenwald; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug);
Jorgensen; Koskan; Kredit; Madden; Matthews; McNenny; Napoli; Pummel; Putnam; Richter;
Schrempp; Smidt; Van Gerpen; Wetz
Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duniphan; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold;
Kooistra; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Pederson (Gordon);
Peterson (Bill); Roe; Rost; Schaunaman; Sokolow; Sperry; Volesky; Waltman; Weber; Wick;
Windhorst; Speaker Hagg
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
SB 260
:
FOR AN ACT ENTITLED, An Act
to provide that termination of parental rights
is final and unconditional.
Was read the second time.
The question being "Shall SB 260 pass?"
And the roll being called:
Nays were:
Barker; Collier; Cutler; Gabriel; Haley; Lucas; Sokolow; Waltman
Absent and Not Voting were:
Davis; Hagen; Pummel
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 121
:
FOR AN ACT ENTITLED, An Act
to define medical indigence.
Was read the second time.
The question being "Shall SB 121 pass?"
And the roll being called:
Yeas 67, Nays 2, Excused 0, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan;
Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson
(Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost;
Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber;
Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Collier; Koetzle
Absent and Not Voting were:
Crisp
SB 215
:
FOR AN ACT ENTITLED, An Act
to transfer the Unclaimed Property Office
from the State Treasurer's Office to the secretary of revenue.
Was read the second time.
"
The Executive Board of the Legislative Research Council shall conduct an interim study
of the duties and performance of state constitutional offices and the desirability and feasibility
of enhancing governmental efficiencies by combining constitutional offices or transferring
duties to other offices, departments, or agencies.
"
Which motion prevailed.
The question being on Rep. Collier's motion that SB 215 be amended.
A roll call vote was requested and supported.
And the roll being called:
Yeas 30, Nays 39, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Barker; Broderick; Cerny; Chicoine; Collier; Davis; Duxbury; Fiegen; Fischer-Clemens;
Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas;
Moore; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman;
Weber
Nays were:
Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; DeMersseman; Derby;
Diedrich; Duenwald; Duniphan; Eccarius; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Wetz;
Wick; Windhorst; Speaker Hagg
Excused were:
de Hueck
Rep. Kazmerzak moved the previous question.
Which motion lost.
Rep. Diedrich moved the previous question.
Which motion prevailed.
The question being "Shall SB 215 pass?"
And the roll being called:
Yeas 39, Nays 30, Excused 1, Absent and Not Voting 0
Yeas were:
Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Crisp; Cutler; DeMersseman; Derby;
Diedrich; Duenwald; Duniphan; Eccarius; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Smidt; Wetz;
Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Barker; Broderick; Cerny; Chicoine; Collier; Davis; Duxbury; Fiegen; Fischer-Clemens;
Fitzgerald; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas;
Moore; Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman;
Weber
Excused were:
de Hueck
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 126
:
FOR AN ACT ENTITLED, An Act
to permit the Department of Commerce and
Regulation to provide the driving record of policyholders to insurance companies.
Having had its second reading was up for reconsideration and final passage.
The question being "Shall SB 126 pass?"
Nays were:
Cerny; Cutler; Davis; Hagen; Haley; Koskan; Lockner; Moore; Napoli; Schrempp; Sokolow;
Sperry; Waltman
Excused were:
de Hueck; Koetzle
Absent and Not Voting were:
Duxbury
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 108
:
FOR AN ACT ENTITLED, An Act
to revise budget transfer authority.
Was read the second time.
The question being "Shall SB 108 pass?"
And the roll being called:
Yeas 67, Nays 0, Excused 1, Absent and Not Voting 2
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan;
Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Absent and Not Voting were:
Duxbury; Lockner
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 245
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions relating to child
support.
Was read the second time.
Which motion prevailed.
The question being on Rep. Matthews' substitute motion that SB 245 be amended.
And the roll being called:
Yeas 33, Nays 36, Excused 1, Absent and Not Voting 0
Yeas were:
Barker; Belatti; Broderick; Brooks; Chicoine; Collier; Davis; de Hueck; Derby; Diedrich;
Fischer-Clemens; Fitzgerald; Hunt; Jaspers; Kazmerzak; Kredit; Lockner; Madden; Matthews;
Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Rost; Schrempp;
Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick
Excused were:
Putnam
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question now being on Rep. Jorgensen's motion that SB 245 be amended.
A roll call vote was requested and supported.
And the roll being called:
Yeas 20, Nays 48, Excused 1, Absent and Not Voting 1
Yeas were:
Barker; Broderick; Chicoine; Collier; Davis; Duniphan; Eccarius; Fischer-Clemens; Fitzgerald;
Jaspers; Jorgensen; Kazmerzak; Lockner; Madden; Matthews; Peterson (Bill); Pummel;
Schrempp; Waltman; Weber
Nays were:
Apa; Belatti; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; de Hueck;
DeMersseman; Derby; Diedrich; Duenwald; Duxbury; Fiegen; Gabriel; Gleason; Hagen; Haley;
Hassard; Hunt; Johnson (Doug); Koetzle; Konold; Kooistra; Koskan; Kredit; Lucas; McNenny;
Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Richter; Roe; Rost;
Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Wetz; Wick; Windhorst; Speaker
Hagg
Excused were:
Putnam
Absent and Not Voting were:
Lee
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
The question being "Shall SB 245 pass as amended?"
And the roll being called:
Nays were:
Jorgensen; Matthews
Excused were:
Putnam
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 13
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions concerning the
taxation of transportation services.
Was read the second time.
The question being "Shall SB 13 pass as amended?"
And the roll being called:
Yeas 54, Nays 13, Excused 2, Absent and Not Voting 1
Yeas were:
Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Crisp; Cutler; Davis; de
Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-
Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen; Konold;
Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Munson (Donald);
Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Smidt; Sperry; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Apa; Belatti; Brown (Richard); Hassard; Kazmerzak; Koetzle; Lucas; Monroe; Moore;
Schrempp; Sokolow; Volesky; Waltman
Excused were:
Derby; Johnson (Doug)
SB 254
:
FOR AN ACT ENTITLED, An Act
to appropriate money for grants to tribal
institutions.
Was read the second time.
The question being "Shall SB 254 pass as amended?"
And the roll being called:
Yeas 62, Nays 7, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald;
Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley;
Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas;
Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon);
Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry;
Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg
Nays were:
Fiegen; Hassard; Koskan; Napoli; Richter; Wetz; Windhorst
Excused were:
Johnson (Doug)
So the bill having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill passed and the title was agreed to.
SB 209
:
FOR AN ACT ENTITLED, An Act
to specify certain circumstances that create
a rebuttable presumption that awarding custody or granting visitation rights is not in the best
interests of a child.
Was read the second time.
The question being "Shall SB 209 pass as amended?"
And the roll being called:
Yeas 48, Nays 21, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Crisp;
Cutler; Davis; DeMersseman; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens;
Fitzgerald; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Konold; Kredit; Lee;
Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Peterson (Bill); Pummel;
Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky;
Windhorst
Nays were:
Brooks; Brown (Jarvis); de Hueck; Diedrich; Duenwald; Gabriel; Hassard; Hunt; Koetzle;
Kooistra; Koskan; McNenny; Monroe; Napoli; Pederson (Gordon); Sokolow; Waltman; Weber;
Wetz; Wick; Speaker Hagg
Excused were:
Johnson (Doug)
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 Hagg now presiding.
SB 267
:
FOR AN ACT ENTITLED, An Act
to increase the penalties for possession of
drugs and drug paraphernalia and for drug distribution and storage.
Was read the second time.
"
Section 8. There is hereby appropriated from the youth-at-risk trust fund two hundred
thousand dollars ($200,000) to the Department of Education and Cultural Affairs for grants to
school districts for programs which identify at-risk youth and address their problems.
Section 9. The secretary of the Department of Education and Cultural Affairs shall approve
vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
"
The question being "Shall SB 267 pass as amended?"
And the roll being called:
Yeas 27, Nays 42, Excused 0, Absent and Not Voting 1
Yeas were:
Broderick; Brooks; Brosz; Derby; Duniphan; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt;
Jaspers; Jorgensen; Konold; Koskan; Kredit; Madden; Monroe; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Putnam; Richter; Smidt; Van Gerpen; Wetz; Wick
Nays were:
Apa; Barker; Belatti; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler;
Davis; de Hueck; DeMersseman; Diedrich; Duenwald; Duxbury; Eccarius; Fischer-Clemens;
Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas;
Matthews; Moore; Pummel; Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Volesky;
Waltman; Weber; Windhorst; Speaker Hagg
Absent and Not Voting were:
McNenny
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SB 103
:
FOR AN ACT ENTITLED, An Act
to increase the penalty for a driver of a motor
vehicle who eludes a law enforcement officer.
Was read the second time.
The question being "Shall SB 103 pass as amended?"
And the roll being called:
Yeas 42, Nays 27, Excused 0, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; de
Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard;
Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kredit; Madden; Matthews; McNenny;
Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Van
Gerpen; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Barker; Cerny; Collier; Cutler; Davis; DeMersseman; Duxbury; Gleason; Hagen; Haley;
Kazmerzak; Koetzle; Kooistra; Koskan; Lee; Lockner; Lucas; Monroe; Moore; Pederson
(Gordon); Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber
Absent and Not Voting were:
Fischer-Clemens
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. Gabriel moved that the House do now recess for thirty-five minutes, which motion
prevailed and at 7:25 p.m., the House recessed.
The House reconvened at 8:00 p.m., the Speaker presiding.
MR. SPEAKER:
The Conference Committee respectfully reports that it has considered SB 55 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 55 be amended as follows:
Delete all House amendments, thus restoring the bill to its original form.
On page 1, line 13 of the printed bill, delete "and any" and insert "or".
Respectfully submitted, Respectfully submitted,
KRISTIE FIEGEN JIM DUNN
STEVE CUTLER ARNOLD BROWN
GARRY A. MOORE JIM HUTMACHER
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered SB 99 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that SB 99 be amended as follows:
Respectfully submitted, Respectfully submitted,
ROGER W. HUNT BARBARA EVERIST
PATRICIA DE HUECK KENNETH D. ALBERS
CAITLIN F. COLLIER MEL OLSON
House Committee Senate Committee
The Conference Committee respectfully reports that it has considered SB 194 and the
amendments thereto made by the House, and the disagreement of the two houses thereon, and
recommends that the Senate do concur with the House amendments.
Respectfully submitted, Respectfully submitted,
ROBERT A. ROE BARBARA EVERIST
KEITH PAISLEY
PAT HALEY REBECCA J. DUNN
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered SB 210 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that SB 210 be amended as follows:
Respectfully submitted, Respectfully submitted,
KAY S. JORGENSEN ALAN AKER
KENNETH WETZ DRUE J. VITTER
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered HB 1075 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that HB 1075 be amended as follows:
"
A student's parent or legal guardian who wishes to enroll the student, or an emancipated
student who wishes to enroll, under the provisions of this Act, in a South Dakota school district
other than the resident district or in a school within the resident district other than the school to
which the student has been assigned shall, not later than February first of the school year
preceding the year of enrollment, apply to the affected school boards, on triplicate forms
provided by the Department of Education and Cultural Affairs, to enroll the student in a district
other than the resident district or to transfer within the district.
By March first, the school board of the district in which the student desires to enroll shall
approve or disapprove the application. The board shall notify the applicant and the resident
board, if applicable, of its decision within five days of the decision. The district in which the
student desires to enroll shall review the applications in the order received.
An application may be withdrawn by the applicant any time before March first upon
notification of all affected school boards. Once approved by the district in which the student
wishes to enroll, the approved application serves as the applicant's notice of intent to enroll in
the nonresident district or desired school during the next school year and obligates the student
to attend school in the nonresident district or desired school during the next school year, unless
the affected school board or boards agree in writing to allow the student to transfer back to the
resident district or assigned school, or unless the parents, guardians, or emancipated student
change residence to another district.
If a student's parents, or an emancipated student, move from a resident district into another
district after February first, the parents or emancipated student may apply for enrollment in a
nonresident district or in a nonassigned school under provisions of this Act. In such a case, the
school boards of both the new resident district and the nonresident district shall waive the
application and approval dates outlined in this Act, and the affected board shall review the
application in a timely manner as outlined above. The applicant shall be informed of the board's
decision within five days of the board's action on the application. Once enrolled in a nonresident
district or nonassigned school, the student may remain enrolled and is not required to resubmit
annual applications.
"
Respectfully submitted, Respectfully submitted,
SCOTT ECCARIUS BARBARA EVERIST
RICHARD E. "DICK" BROWN M. MICHAEL ROUNDS
LARRY LUCAS JIM HUTMACHER
House Committee Senate Committee
The Conference Committee respectfully reports that it has considered HB 1158 and the
amendments thereto made by the Senate, and the disagreement of the two Houses thereon, and
recommends that all Senate amendments be deleted, thus restoring the bill to the form it passed
the House.
Respectfully submitted, Respectfully submitted,
ROGER BROOKS DENNIS DAUGAARD
JUDY FLYNN ROST RANDY FREDERICK
ROLAND A. CHICOINE CHARLES E. FLOWERS
House Committee Senate Committee
Also MR. SPEAKER:
The Conference Committee respectfully reports that it has considered HB 1084 and the
amendments thereto made by the Senate, and the disagreement of the two houses thereon, and
recommends that the House do not concur with the Senate amendments to HB 1084 and that a
new committee be appointed.
Respectfully submitted, Respectfully submitted,
ROBERT R. WEBER KERMIT STAGGERS
MITCH RICHTER CHARLES E. FLOWERS
House Committee Senate Committee
I have the honor to inform your honorable body that the Senate has adopted the reports of
the Conference Committees on HB 1046, 1164, and 1102.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Conference Committee on SB 43.
Also MR. SPEAKER:
I have the honor to return herewith HCR 1012 in which the Senate has concurred.
I have the honor to inform your honorable body that the Senate has failed to adopt the
report of the Conference Committee on SB 156 and has appointed Sens. Whiting, Benson, and
Symens as a new committee of three on the part of the Senate to meet with a like committee on
the part of the House to adjust the differences between the two houses.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 166 and no Conference Committee was appointed.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1215 was lost on second reading
and final passage.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1044 was lost on second reading
and final passage.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1057 was tabled.
Also MR. SPEAKER:
I have the honor to inform your honorable body that HB 1126 was tabled.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has failed to concur in
House amendments to SB 72 and has appointed Sens. Frederick, Drake, and Hutmacher as a
committee of three on the part of the Senate to meet with a like committee on the part of the
House to adjust the differences between the two houses.
SB 128
:
FOR AN ACT ENTITLED, An Act
to increase certain inheritance tax
exemptions.
Was read the second time.
The question being "Shall SB 128 pass?"
And the roll being called:
Yeas 29, Nays 39, Excused 1, Absent and Not Voting 1
Yeas were:
Cerny; Chicoine; Collier; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley;
Hassard; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Madden; Monroe; Moore; Napoli;
Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Windhorst
Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cutler; de
Hueck; Derby; Diedrich; Duenwald; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Matthews; McNenny; Munson
(Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt;
Wetz; Wick; Speaker Hagg
Excused were:
DeMersseman
Absent and Not Voting were:
Duniphan
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SB 168
:
FOR AN ACT ENTITLED, An Act
to revise the penalties for inmate escape from
Department of Corrections custody.
Was read the second time.
Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Davis; Duxbury;
Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Johnson (Doug); Kazmerzak; Koetzle;
Koskan; Lee; Lockner; Lucas; Moore; Munson (Donald); Pederson (Gordon); Schaunaman;
Schrempp; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg
Excused were:
DeMersseman; Duniphan
Absent and Not Voting were:
Barker
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and SB 168 was so amended.
The question being "Shall SB 168 pass as amended?"
And the roll being called:
Nays were:
Cerny; Chicoine; Collier; Davis; de Hueck; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley;
Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; McNenny; Moore; Munson (Donald);
Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Speaker Hagg
Excused were:
DeMersseman; Duniphan
Absent and Not Voting were:
Barker
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 Hunt now presiding.
SB 261
:
FOR AN ACT ENTITLED, An Act
to prohibit conditional adoptions.
Was read the second time.
The question being "Shall SB 261 pass as amended?"
And the roll being called:
Nays were:
Barker; Cerny; Collier; Cutler; Haley; Schrempp; Sokolow; Sperry; Waltman
Excused were:
DeMersseman; Duniphan
Absent and Not Voting were:
Duenwald; Lockner
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 Hagg now presiding.
SB 112
:
FOR AN ACT ENTITLED, An Act
to revise the penalty for theft by an employee
of certain facilities.
Was read the second time.
The question now being on Rep. Gabriel's pending amendment to SB 112 as amended.
Which motion prevailed and SB 112 was so amended.
The question being "Shall SB 112 pass as amended?"
And the roll being called:
Yeas 65, Nays 3, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee;
Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson
(Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp;
Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst; Speaker
Hagg
Nays were:
Collier; Monroe; Wetz
Excused were:
DeMersseman; Duniphan
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 102
:
FOR AN ACT ENTITLED, An Act
to provide for interstate joint power
agreements for the exercise of police powers.
Was read the second time.
Nays were:
Collier; Matthews; Monroe
Excused were:
DeMersseman; Duniphan
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 42
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding officers
and employees of the state entering into contracts with the state.
Was read the second time.
The question being "Shall SB 42 pass as amended?"
And the roll being called:
Yeas 47, Nays 20, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine;
Cutler; Derby; Duenwald; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Haley; Hassard;
Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews;
McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel;
Putnam; Richter; Roe; Rost; Smidt; Sperry; Van Gerpen; Weber; Wetz; Wick; Windhorst;
Speaker Hagg
Excused were:
DeMersseman; Duniphan
Absent and Not Voting were:
Diedrich
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 Hunt now presiding.
SB 44
:
FOR AN ACT ENTITLED, An Act
to regulate and prohibit certain telephone
merchandising practices and to provide a penalty.
Was read the second time.
The question being "Shall SB 44 pass as amended?"
And the roll being called:
Nays were:
Smidt
Excused were:
Barker; DeMersseman; Duniphan
Absent and Not Voting were:
Van Gerpen
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 15
:
FOR AN ACT ENTITLED, An Act
to provide a safety zone for child victims of
sex crimes.
Was read the second time.
The question being "Shall SB 15 pass as amended?"
And the roll being called:
Yeas 57, Nays 10, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Collier;
Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-
Clemens; Fitzgerald; Gabriel; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen;
Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny;
Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam;
Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick;
Windhorst; Speaker Hagg
Nays were:
Chicoine; Davis; Gleason; Haley; Lockner; Lucas; Moore; Schrempp; Sokolow; Waltman
Speaker Hagg now presiding.
SB 100
:
FOR AN ACT ENTITLED, An Act
to permit all but one petitioner to waive
personal appearance at a hearing for termination of parental rights.
Was read the second time.
The question being "Shall SB 100 pass as amended?"
And the roll being called:
Yeas 64, Nays 2, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-
Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas;
Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson
(Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry;
Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Nays were:
Collier; Cutler
Excused were:
Barker; DeMersseman; Duniphan
Absent and Not Voting were:
McNenny
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 242
:
FOR AN ACT ENTITLED, An Act
to revise the public records law to clarify
certain disclosures.
Was read the second time.
Nays were:
Collier; Davis; Duxbury; Hagen; Kazmerzak; Koetzle; Lockner; Schrempp; Sokolow; Sperry;
Waltman
Excused were:
Barker; DeMersseman; Duniphan
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 171
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding how
long certain unsubstantiated reports of child abuse and neglect may be maintained.
Was read the second time.
The question being "Shall SB 171 pass?"
And the roll being called:
Yeas 41, Nays 26, Excused 3, Absent and Not Voting 0
Yeas were:
Broderick; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler;
Davis; de Hueck; Derby; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gleason;
Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Matthews; Moore;
Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt;
Sokolow; Sperry; Van Gerpen; Volesky; Waltman
Excused were:
Barker; DeMersseman; Duniphan
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 Hunt now presiding.
SB 268
:
FOR AN ACT ENTITLED, An Act
to revise certain provisions regarding the
civil liability of drug dealers.
Was read the second time.
The question being "Shall SB 268 pass as amended?"
And the roll being called:
Yeas 63, Nays 4, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine;
Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-
Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden;
Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson
(Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry;
Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg
Nays were:
Collier; Davis; Lockner; Windhorst
Speaker Hagg now presiding.
SB 93
:
FOR AN ACT ENTITLED, An Act
to grant full faith and credit to certain out-of-
state and tribal protection orders.
Was read the second time.
The question being "Shall SB 93 pass?"
And the roll being called:
Yeas 27, Nays 40, Excused 3, Absent and Not Voting 0
Yeas were:
Brown (Jarvis); Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Fitzgerald;
Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Pummel; Putnam;
Richter; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber
Nays were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Richard); Crisp; Cutler; de Hueck; Derby;
Diedrich; Duenwald; Eccarius; Fiegen; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson
(Donald); Napoli; Pederson (Gordon); Peterson (Bill); Roe; Rost; Smidt; Van Gerpen; Wetz;
Wick; Windhorst; Speaker Hagg
Excused were:
Barker; DeMersseman; Duniphan
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
SB 198
:
FOR AN ACT ENTITLED, An Act
to revise certain requirements of the director
of the Office of Laboratory Services.
Was read the second time.
The question being on Rep. Gabriel's motion that SB 198 be amended.
And the roll being called:
Yeas 38, Nays 30, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Cutler;
DeMersseman; Duenwald; Duniphan; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Matthews; McNenny; Monroe;
Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost; Smidt; Weber;
Wetz; Wick
Nays were:
Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Eccarius; Fiegen; Fischer-Clemens;
Gleason; Hagen; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Madden; Moore; Peterson (Bill);
Roe; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Windhorst;
Speaker Hagg
Excused were:
Barker
Absent and Not Voting were:
Duxbury
So the motion having received an affirmative vote of a majority of the members present,
the Speaker declared the motion carried and SB 198 was so amended.
The question being "Shall SB 198 pass as amended?"
And the roll being called:
Yeas 39, Nays 29, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cutler;
DeMersseman; Duenwald; Duniphan; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Lucas; Matthews; McNenny;
Monroe; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Richter; Rost;
Schaunaman; Smidt; Weber; Wetz; Wick
Excused were:
Barker
Absent and Not Voting were:
Duxbury
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. Gabriel moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Wednesday, March 5th, the 37th legislative day.
Which motion prevailed.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1005, 1045, 1082,
1087, 1145, 1146, 1155, 1159, 1165, 1182, 1185, 1192, 1205, 1207, 1223, 1229, 1259, 1263,
1265, 1269, and 1278 were delivered to his Excellency, the Governor, for his approval at 2:15
p.m., March 4, 1997.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared HB 1033, 1034, 1046, 1077, 1081, 1106, 1115, 1152,
1164, 1199, 1234, 1253, 1261, and 1262 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1033:
FOR AN ACT ENTITLED, An Act
to revise the process for computing the net
income of certain financial institutions for bank franchise tax collection purposes.
Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at 10:10
p.m. the House adjourned.