JOURNAL OF THE HOUSE
TWENTY-FIFTH DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 16, 1999
The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Dan Carlson, followed by the Pledge of
Allegiance led by House page Ben Nusz.
Roll Call: All members present except Rep. Fiegen who was excused.
APPROVAL OF THE JOURNAL
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the twenty-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,
ROGER W. HUNT, Chair
Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS
The Honorable Roger Hunt
Speaker of the House
State Capitol
Pierre, SD 57501-5070
Dear Mr. Speaker and Members of the House:
I herewith return HB 1037 with the following recommendations as to STYLE and FORM.
HB 1037 is An Act to revise certain carrier regulations and to increase motor carrier eligibility
for single trip permits.
One of the purposes of this bill was to update the SDCL by changing or removing references
to the "ICC", the Interstate Commerce Commission. The references to the ICC are either
changed to "FHWA", the Federal Highway Administration, or deleted.
However, on page 3, line 17 of the House Transportation engrossed bill there is a reference to
"ICC" regulated motor carriers. The rest of the bill deletes all references to "ICC". Consultation
with the Public Utilities Commission legal staff confirmed this reference to "ICC" should have
been deleted.
I respectfully request you concur with my recommendation as to style and form.
Respectfully submitted,
William J. Janklow
GOVERNOR
Mr. Speaker and Members of the House:
I have the honor to inform you that I have approved HB 1025, 1026, 1058, 1090, 1112,
1126 and 1181, and the same have been deposited in the office of the Secretary of State.
Respectfully submitted,
William J. Janklow
GOVERNOR
Mr. Speaker and Members of the House:
I have the honor to inform you that I have approved HB 1040 and 1052, and the same have
been deposited in the office of the Secretary of State.
Respectfully submitted,
William J. Janklow
GOVERNOR
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1138 and returns the same with the recommendation that said bill be amended as follows:
f-1138d
On page
1
,
after line
13 of the printed bill
,
insert:
"
Section 2. That
§
10-4-2.4
be amended to read as follows:
10-4-2.4.
Real property, for the purposes of ad valorem taxation, includes manufactured
homes as defined in subdivision 32-3-1(6) with a model year of
1997
1994
or newer. This
section does not apply to any manufactured home in the inventory of any dealer as defined in
subdivision 32-7A-1(1).
Section 3. That
§
10-4-2.6
be amended to read as follows:
10-4-2.6.
If a manufactured home with a model year of
1997
1994
or newer, is sold by a
licensed manufactured home dealer, the dealer shall complete the manufactured home listing
form, as prescribed by the secretary of revenue, and send the completed form to the director of
equalization of the county in which the manufactured home was delivered. The form shall be
sent within thirty days after the delivery of the manufactured home.
Section 4. That
§
10-4-2.4
be amended to read as follows:
10-4-2.4.
Real property, for the purposes of ad valorem taxation, includes manufactured
homes as defined in subdivision 32-3-1(6) with a model year of
1997
1990
or newer. This
section does not apply to any manufactured home in the inventory of any dealer as defined in
subdivision 32-7A-1(1).
Section 5. That
§
10-4-2.6
be amended to read as follows:
10-4-2.6.
If a manufactured home with a model year of
1997
1990
or newer, is sold by a
licensed manufactured home dealer, the dealer shall complete the manufactured home listing
form, as prescribed by the secretary of revenue, and send the completed form to the director of
equalization of the county in which the manufactured home was delivered. The form shall be
sent within thirty days after the delivery of the manufactured home.
Section 6. The effective date of sections 4 and 5 of this Act is July 1, 2000.
Section 7. That
§
10-4-2.4
be amended to read as follows:
10-4-2.4.
Real property, for the purposes of ad valorem taxation, includes manufactured
homes as defined in subdivision 32-3-1(6) with a model year of
1997
1985
or newer. This
section does not apply to any manufactured home in the inventory of any dealer as defined in
subdivision 32-7A-1(1).
Section 8. That
§
10-4-2.6
be amended to read as follows:
10-4-2.6.
If a manufactured home with a model year of
1997
1985
or newer, is sold by a
licensed manufactured home dealer, the dealer shall complete the manufactured home listing
form, as prescribed by the secretary of revenue, and send the completed form to the director of
equalization of the county in which the manufactured home was delivered. The form shall be
sent within thirty days after the delivery of the manufactured home.
Section 9. The effective date of sections 7 and 8 of this Act is July 1, 2001.
Section 10. That
§
10-4-2.4
be amended to read as follows:
10-4-2.4.
Real property, for the purposes of ad valorem taxation, includes manufactured
homes as defined in subdivision 32-3-1(6) with a model year of
1997
1977
or newer. This
section does not apply to any manufactured home in the inventory of any dealer as defined in
subdivision 32-7A-1(1).
Section 11. That
§
10-4-2.6
be amended to read as follows:
10-4-2.6.
If a manufactured home with a model year of
1997
1977
or newer, is sold by a
licensed manufactured home dealer, the dealer shall complete the manufactured home listing
form, as prescribed by the secretary of revenue, and send the completed form to the director of
equalization of the county in which the manufactured home was delivered. The form shall be
sent within thirty days after the delivery of the manufactured home.
Section 12. The effective date of sections 10 and 11 of this Act is July 1, 2002.
"
f-1138tb
On page
1
,
line
2 of the printed bill
,
delete "
and
"
and insert "
,
"
.
On page
1
,
line
3
,
after "
effort
"
insert "
, and to classify certain manufactured homes as real
property for property tax purposes
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1175 and 1241 which were tabled.
Also MR. SPEAKER:
The Committee on Taxation respectfully reports that it has had under consideration HB
1220, 1242, and 1275 which were deferred to the 41st legislative day.
Respectfully submitted,
John Koskan, Chair
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration SB
134 and returns the same with the recommendation that said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration SB
98 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 Commerce respectfully reports that it has had under consideration HB
1283 and returns the same with the recommendation that said bill be amended as follows:
j-1283b
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3
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4 of the printed bill
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(12)
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(11)
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(12)
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(13)
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(14)
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(15)
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(28)
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4
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25
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has been duly licensed by the board and who chooses
"
and
insert "
is retired and is no longer licensed to practice that person's profession may use
"
.
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5
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1
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5
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2
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board to be granted the use of
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5
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(30)
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(29)
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(30)
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5
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9
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(b)
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(a)
"
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12
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10
,
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facility,
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assisted living facility, jail,
"
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12
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10
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or any hospital area not
"
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12
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11
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if
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12
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of
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or
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12
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14
,
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(b) Any building occupied as an auditorium, church,
school, or
"
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12
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15
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single-story office,
"
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12
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15
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, or public building
"
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12
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18
to
20
, inclusive
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12
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21
,
and insert "
(c) Any building occupied as a bowling alley, office,
shopping center, bank, fire station, service station,
"
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24
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(f)
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and insert "
(d)
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(g)
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(e)
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(h)
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(f)
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(g)
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(e)
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three
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four
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(i)
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(g)
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28
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10
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attorney
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or the attorney general
"
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28
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11
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and
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or
"
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shall
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may
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28
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15
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subpoena
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licensees as
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28
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16
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any
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and insert "
a licensee
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person
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19
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person
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licensee
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shall
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and insert "
may
"
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28
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line
21
,
after "
suitable.
"
insert "
The board may also summon nonlicensees as
witnesses and request their attendance, and request the submittal of plans, specifications, books,
records, papers, and other documents. If a nonlicensee refuses to cooperate, testify, or produce
any materials requested, the board may petition the court of the county in which the nonlicensee
resides, and the court may enter a suitable order compelling compliance with the provisions of
this Act and imposing such other terms and conditions as the court may deem suitable.
"
.
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29
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6
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felony
"
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or
"
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29
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7
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misdemeanor
"
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30
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25
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site
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sit
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1
to
6
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37
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19
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36-28-73
"
and insert "
36-18-73
"
.
J-1283c
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10
,
line
5 of the printed bill
,
after "
surveying,
"
insert "
photogrammetry,
"
.
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16
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line
11
,
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surveyors,
"
insert "
photogrammetrists,
"
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22
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10
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surveyor,
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insert "
photogrammetrist,
"
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surveying,
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insert "
photogrammetry,
"
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18
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surveyor,
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insert "
photogrammetrist,
"
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surveyor,
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photogrammetrist,
"
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10
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surveyor,
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photogrammetrist,
"
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26
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4
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surveying,
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photogrammetry,
"
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26
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12
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surveying,
"
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photogrammetry,
"
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27
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3
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surveying,
"
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photogrammetry,
"
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28
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8
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surveying,
"
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photogrammetry,
"
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33
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25
,
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surveying,
"
insert "
photogrammetry,
"
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34
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line
3
,
after "
surveyor,
"
insert "
photogrammetrist,
"
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34
,
line
8
,
after "
surveyor,
"
insert "
photogrammetrist,
"
.
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34
,
line
12
,
after "
surveyor's,
"
insert "
photogrammetrist's,
"
.
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35
,
line
22
,
after "
surveyor,
"
insert "
photogrammetrist,
"
.
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36
,
line
6
,
after "
surveying,
"
insert "
photogrammetry,
"
.
On page
37
,
after line
21
,
insert:
"
Section 76. For the purposes of this Act, the term, practice of photogrammetry, means the
process of images on a photograph which includes photographing an object, measuring the
image of the object on the process photographs, and reducing the measurements to useful form
such as a topographic map.
Section 77. Any applicant for licensure to practice photogrammerty shall provide the
following evidence satisfactory to the board:
(1) Graduation from an accredited surveying or related field of study approved by the
board or substituted experience, in whole or part, acceptable to the board;
(2) Completion of the minimum number of years of photogrammetric experience under
the supervision of a licensed photogrammetrist; and
(3) Successful completion of examinations.
Section 78. A person shall be licensed, upon application, to practice photogrammetry if the
person applies to the board before July 1, 2001, and meets the following criteria:
(1) Is currently using photogrammetric technologies with at least eight years of
experience in the profession, two or more in responsible charge of photogrammetric
mapping projects meeting Aerial Photography and Mapping Standards of the
American Society for Photogrammetry and Remote Sensing or United States
National Map Accuracy Standards;
(2) Submits proof of education which may be one of the following:
(a) High school graduation or equivalency;
(b) A baccalaureate degree in surveying or a related field, which shall substitute
for four of the required years of experience; or
(c) A master's degree in surveying or a related field, which shall substitute for five
of the required years of experience;
(3) Submits proof of employment in responsible charge of photogrammetric mapping
projects; and
(4) Submits five references from licensed land surveyors, professional engineers, or
others practicing in the area of mapping.
The board shall promulgate rules, pursuant to chapter 1-26, to establish education,
experience, and examination criteria.
"
j-1283e
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2
,
line
20 of the printed bill
,
after "
construction
"
insert "
,
"
.
On page
2
,
line
20
,
after "
professional
"
insert "
,
"
.
On page
2
,
line
24
,
delete "
services
"
.
J-1283t
On page
1
,
line
2 of the printed bill
,
after "
surveying,
"
insert "
photogrammetry,
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Commerce respectfully reports that it has had under consideration HB
1302 which was tabled.
Respectfully submitted,
Robert Roe, Chair
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration SB 103, 146, 34, and 71 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Local Government respectfully reports that it has had under
consideration SB 32 and returns the same with the recommendation that said bill do pass and
be placed on the Consent Calendar.
Respectfully submitted,
J.P. Duniphan, Chair
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration HB
1277 and 1294 which were deferred to the 41st legislative day.
Respectfully submitted,
Richard “Dick” Brown, Chair
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1163 and 1287 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 Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1215 and returns the same with the recommendation that said bill be
amended as follows:
t-1215
On page
1
,
line
14 of the printed bill
,
delete "
26
"
and insert "
25
"
.
On page
2
,
line
18
,
after "
of
"
insert "
an odd number of directors, which shall be at least
nine but not greater than
"
.
On page
2
,
line
19
,
after "
producers.
"
insert "
The secretary shall designate the number of
directors for the council and shall designate the boundaries of the districts to be represented by
each such director.
"
.
On page
2
,
line
20
,
after "
producers
"
insert "
so that one director is elected from each
district
"
.
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6
,
delete lines
4
to
24
, inclusive
.
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8
,
line
13
,
delete "
19 and 23
"
and insert "
18 and 22
"
.
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9
,
line
16
,
after "
temporarily
"
insert "
reduce or
"
.
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9
,
line
18
,
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period,
"
and insert "
year. At the end of the
"
.
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9
,
line
19
,
after "
may
"
insert "
reduce or
"
.
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9
,
line
23
,
after "
temporarily
"
insert "
reduce or
"
.
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9
,
line
24
,
delete "
for any such
"
.
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9
,
line
25
,
delete everything before "
period,
"
and insert "
. At the end of the
"
.
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10
,
line
1
,
after "
may
"
insert "
reduce or
"
.
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10
,
line
5
,
after "
temporarily
"
insert "
reduce or
"
.
On page
10
,
line
6
,
delete "
for any such
"
.
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10
,
line
7
,
delete everything before "
period,
"
and insert "
. At the end of the
"
.
On page
10
,
line
8
,
after "
may
"
insert "
reduce or
"
.
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10
,
line
12
,
after "
temporarily
"
insert "
reduce or
"
.
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10
,
line
13
,
delete "
for any such
"
.
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10
,
line
14
,
delete everything before "
period,
"
and insert "
. At the end of the
"
.
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10
,
line
15
,
after "
may
"
insert "
reduce or
"
.
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10
,
line
19
,
after "
temporarily
"
insert "
reduce or
"
.
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10
,
line
21
,
delete everything before "
period,
"
and insert "
year. At the end of the
"
.
On page
10
,
line
22
,
after "
may
"
insert "
reduce or
"
.
T-1215a
On the printed bill, delete all previous committee amendments.
On page
1
,
line
6
,
delete "
;
"
and insert "
, or
"
.
On page
1
,
line
7
,
delete everything after "
1230
"
and insert "
,
"
.
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1
,
delete line
8
.
On page
1
,
line
9
,
delete everything before "
are
"
.
On page
1
,
line
14 of the printed bill
,
delete "
26
"
and insert "
23
"
.
On page
2
,
delete lines
3
to
8
, inclusive
.
On page
2
,
line
9
,
delete "
4
"
and insert "
3
"
.
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2
,
line
11
,
delete "
5
"
and insert "
4
"
.
On page
2
,
line
17
,
delete "
6
"
and insert "
5
"
.
On page
2
,
line
18
,
after "
of
"
insert "
an odd number of directors, which shall be at least
nine but not greater than
"
.
On page
2
,
line
19
,
after "
producers.
"
insert "
The secretary shall designate the number of
directors for the council and shall designate the boundaries of the districts to be represented by
each such director.
"
.
On page
2
,
line
20
,
after "
producers
"
insert "
so that one director is elected from each
district
"
.
On page
6
,
delete lines
4
to
24
, inclusive
.
On page
8
,
delete lines
1
and
2
,
and insert:
"
(2) The procedures for the payment and collection of assessments for the designated
commodity or product in accordance with the requirements of section 20 of this Act;
"
On page
8
,
line
12
,
delete "
sections
"
and insert "
section
"
.
On page
8
,
line
13
,
delete "
19 and 23
"
and insert "
18
"
.
On page
8
,
delete lines
14
to
25
, inclusive
,
and insert:
"
Section 20. The assessment imposed by this Act on pork or on beef shall be collected using
payment requirements and collection procedures that are substantially similar to the payment
requirements and collection procedures established for pork in 7 CFR, Part 1230 and for beef
in 7 CFR, Part 1260, respectively.
"
On page
9
,
delete line
1
.
On page
9
,
line
4
,
after "
grower
"
insert "
or producer
"
.
On page
9
,
line
16
,
after "
temporarily
"
insert "
reduce or
"
.
On page
9
,
line
18
,
delete everything before "
period,
"
and insert "
year. At the end of the
"
.
On page
9
,
line
19
,
after "
may
"
insert "
reduce or
"
.
On page
9
,
line
23
,
after "
temporarily
"
insert "
reduce or
"
.
On page
9
,
line
24
,
delete "
for any such
"
.
On page
9
,
line
25
,
delete everything before "
period,
"
and insert "
. At the end of the
"
.
On page
10
,
line
1
,
after "
may
"
insert "
reduce or
"
.
On page
10
,
line
5
,
after "
temporarily
"
insert "
reduce or
"
.
On page
10
,
line
6
,
delete "
for any such
"
.
On page
10
,
line
7
,
delete everything before "
period,
"
and insert "
. At the end of the
"
.
On page
10
,
line
8
,
after "
may
"
insert "
reduce or
"
.
On page
10
,
line
9
,
after "
limited.
"
insert "
If the operations of the federal soybean
promotion and research program established pursuant to 7 CFR, Part 1220, are terminated or
suspended as a result of a referendum of producers, the rate of the assessment established
pursuant to
§
38-29-8 shall be reduced by one-half until the operations of the federal program
resume.
"
.
On page
10
,
line
12
,
after "
temporarily
"
insert "
reduce or
"
.
On page
10
,
line
13
,
delete "
for any such
"
.
On page
10
,
line
14
,
delete everything before "
period,
"
and insert "
. At the end of the
"
.
On page
10
,
line
15
,
after "
may
"
insert "
reduce or
"
.
On page
10
,
line
19
,
after "
temporarily
"
insert "
reduce or
"
.
On page
10
,
line
21
,
delete everything before "
period,
"
and insert "
year. At the end of the
"
.
On page
10
,
line
22
,
after "
may
"
insert "
reduce or
"
.
On page
10
,
line
23
,
after "
limited.
"
insert "
If the operations of the federal dairy promotion
program established pursuant to 7 CFR, Part 1150, are terminated or suspended as a result of
a referendum of producers, collection of the assessment established pursuant to
§
41-31-9 shall
continue as provided in
§
41-31-9.
"
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1273 and returns the same with the recommendation that said bill be
amended as follows:
t-1273
On page
1
,
line
15 of the printed bill
,
delete everything after "
The
"
and insert "
department
may
, upon the
"
.
On page
2
,
line
2
,
delete everything before "
may
"
and insert "
department
"
.
On page
2
,
line
3
,
delete everything before "
any
"
and insert "
department
"
.
On page
2
,
line
14
,
delete everything after "
condition
"
and insert "
by the department
on
an inspection form prepared by the
department
inspector
.
"
.
On page
2
,
delete line
15
.
On page
2
,
line
18
,
after "
thereunder.
"
insert "
The inspection fee for an inspection
requested pursuant to
§
38-31-2 shall be paid by the person requesting the inspection.
"
.
On page
2
,
delete lines
21
to
25
, inclusive
,
and insert:
"
Section 5. Fees collected pursuant to
§
38-31-5 shall be remitted at the end of each month
to the state treasurer and deposited in the moisture and protein tester fund, which is hereby
created. Expenditures from the fund shall be appropriated through the normal appropriation
process. Unexpended funds and interest shall remain in the fund until appropriated by the
Legislature.
"
On page
3
,
delete lines
1
and
2
.
And that as so amended said bill do pass.
Also MR. SPEAKER:
The Committee on Agriculture & Natural Resources respectfully reports that it has had
under consideration HB 1214 and 1285 which were deferred to the 41st legislative day.
Respectfully submitted,
Roger Brooks, Chair
MR. SPEAKER:
I have the honor to return herewith HCR 1004 in which the Senate has concurred.
Also MR. SPEAKER:
I have the honor to return herewith HB 1087 and 1099 which have passed the Senate
without change.
Also MR. SPEAKER:
I have the honor to return herewith HB 1091 and 1094 which have been amended by the
Senate and your concurrence in the amendments is respectfully requested.
Also MR. SPEAKER:
I have the honor to transmit herewith SCR 7 and 8 which have been adopted by the Senate
and your concurrence is respectfully requested.
Also MR. SPEAKER:
I have the honor to transmit herewith SB 161 and 249 which have passed the Senate and
your favorable consideration is respectfully requested.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 50 and 93.
Respectfully,
PATRICIA ADAM, Secretary
HR 1001
Introduced by:
Representatives Jaspers, Brown (Richard), Clark, Diedrich
(Larry), Earley, Hagen, Kazmerzak, Klaudt, Richter, and Smidt
A RESOLUTION,
Proposing that the Honorable John Thune, member of the United States
House of Representatives, be made an honorary member of the House of Representatives
of the Seventy-fourth Session of the South Dakota Legislature on the sixteenth day of
February 1999.
WHEREAS,
John Thune has earned his legislative experience in Washington D.C. and has
sharpened his basketball skills on the Potomac; and
WHEREAS,
John Thune is known from Pierre to Washington D.C. for his great athletic
ability, and the South Dakota House of Representatives wishes to see his moves on the
basketball court in his home State of South Dakota; and
WHEREAS,
the premier entertainment event of the 1999 South Dakota Legislative Session
is the basketball contest known as the Liberty Ball; and
WHEREAS,
despite a resounding defeat by this honorable body last year, Senate team
coach Senator Dennis Daugaard refuses to admit inferiority on behalf of himself and his Senate
colleagues and has gone so far as to recruit Senate members based on height and athletic ability;
and
WHEREAS,
the House of Representatives' team coach, Representative Dick Brown, has
grave concern about the hired mercenaries playing for the Senate team and recognizes the need
for real athletic talent; and
WHEREAS,
this is the second Liberty Ball basketball game sponsored by the Kids Voting
South Dakota Program and the game is a fund raiser benefitting our youth:
NOW, THEREFORE, BE IT RESOLVED,
by the House of Representatives of the Seventy-
fourth Legislature of the State of South Dakota, that John Thune is hereby deemed an honorary
member of the South Dakota House of Representatives for the sixteenth day of February 1999,
and that the House of Representatives requests Congressman Thune to bring his sweats and
shoes and be ready to play ball.
Rep. Jaspers moved that HR 1001 be adopted.
Which motion carried and HR 1001 was adopted.
Speaker Pro tempore Eccarius now presiding.
Rep. Hunt moved that the House do concur in Senate amendments to HB 1012.
The question being on Rep. Hunt's motion that the House do concur in Senate amendments
to HB 1012.
And the roll being called:
Yeas 64, Nays 3, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Earley; Eccarius;
Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies;
Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz;
Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal;
Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt
Nays were:
Monroe; Napoli; Windhorst
Excused were:
Fiegen; Wudel
Absent and Not Voting were:
Duniphan
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Hunt moved that the House do concur in Senate amendments to HB 1013.
The question being on Rep. Hunt's motion that the House do concur in Senate amendments
to HB 1013.
And the roll being called:
Yeas 64, Nays 3, Excused 2, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz;
Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal;
Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt
Nays were:
Monroe; Napoli; Windhorst
Excused were:
Fiegen; Wudel
Absent and Not Voting were:
Jaspers
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Hunt moved that the House do concur in Senate amendments to HB 1084.
The question being on Rep. Hunt's motion that the House do concur in Senate amendments
to HB 1084.
And the roll being called:
Yeas 66, Nays 2, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz;
Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal;
Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker
Hunt
Nays were:
Klaudt; Napoli
Excused were:
Fiegen; Richter
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Waltman moved that the House do concur in Senate amendments to HB 1158.
The question being on Rep. Waltman's motion that the House do concur in Senate
amendments to HB 1158.
And the roll being called:
Yeas 60, Nays 8, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy;
McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe;
Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber;
Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Cutler; Earley; Eccarius; Koskan; McNenny; Monroe; Napoli; Windhorst
Excused were:
Fiegen; Richter
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Rep. Weber moved that the House do concur in Senate amendments to HCR 1003.
The question being on Rep. Weber's motion that the House do concur in Senate
amendments to HCR 1003.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan;
Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Fiegen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
HCR 1009
Introduced by:
Representatives Fischer-Clemens, Burg, Cerny, Chicoine, Clark,
Davis, Diedtrich (Elmer), Hanson, Kazmerzak, Koehn, Koetzle, Lockner, McIntyre, Patterson,
Solum, Sutton (Daniel), Sutton (Duane), Weber, Wetz, Wilson, and Windhorst and Senators
Moore, Dennert, Duxbury, Flowers, Kloucek, Lange, Madden, Munson (David), Reedy,
Staggers, and Symens
A CONCURRENT RESOLUTION,
Declaring June 1999 as Obesity Awareness Month.
WHEREAS,
obesity is caused by multiple factors, including genetic predisposition and
environmental and lifestyle factors; and
WHEREAS,
obesity ranks second only to smoking as a preventable cause of death and
results in some three hundred thousand deaths annually; and
WHEREAS,
it is estimated that thirty-five percent of the adult population is obese, and the
prevalence of obesity grew a shocking thirty-four percent in the last ten years; and
WHEREAS,
there also is a great concern regarding the effect that obesity may have on
children and on their overall health, health care costs, and treatment; and
WHEREAS,
a causal relationship exists between obesity and a number of serious disorders,
including hypertension, dyslipidemia, cardiovascular disease, type-two diabetes, gallbladder
disease, respiratory dysfunction, gout, and osteoarthritis; and
WHEREAS,
the National Institute of Diabetes and Digestive and Kidney Diseases provides
information that indicates that nearly eighty percent of patients with diabetes mellitus are obese,
and the incidence of symptomatic gallstones soars as a person's body mass index increases
beyond a certain level; and
WHEREAS,
the information also reveals that nearly seventy percent of diagnosed cases of
cardiovascular disease are related to obesity, obesity more than doubles a person's chance of
developing high blood pressure, almost one-half of breast cancer cases are diagnosed among
obese women, and forty-two percent of colon cancer cases are among obese individuals; and
WHEREAS,
a 1997 study by Kaiser Permanente indicated that the total direct costs of
obesity-related disease in the United States in 1990 was forty-five billion eight hundred million
dollars; and
WHEREAS,
the Kaiser study concluded that there was significant potential for a reduction
in health care expenditures through obesity prevention efforts; and
WHEREAS,
The Surgeon General's Report on Physical Activity and Health estimates that
only twenty-four percent of the United States population engages in regular physical activity,
fifty-two percent are intermittently active, and twenty-five percent are entirely sedentary; and
WHEREAS,
the Interdisciplinary Council on Lifestyle and Obesity Management indicates
that healthy lifestyle modifications should include increased physical activity, with an emphasis
on moderate forms of exertion; and
WHEREAS,
There is an urgent need for state health care groups and medical societies to
place obesity at the top of South Dakota's health care agenda; and
WHEREAS,
the National Institutes of Health, the American Society for Bariatric Surgery,
and the American Obesity Association recommend that patients who are morbidly obese receive
responsible, affordable medical treatment for their obesity; and
WHEREAS,
the diagnosis of morbid obesity should be a clinical decision made by a
physician based on proper medical protocols; and
WHEREAS,
the recent breakthroughs in drug therapy can treat obesity successfully, and the
New England Journal of Medicine recently emphasized the legitimate use of pharmacotherapy
as a component of treatment of medically significant obesity; and
WHEREAS,
the new breakthroughs in obesity treatment are not widely known and efforts
must be made to inform the general public and health care professionals that pharmacotherapy
can be used as an effective and cost-effective treatment for obesity; and
WHEREAS,
it is critical to raise the awareness of the public and private sectors that obesity
is a problem of epidemic proportions and that proper treatment will reduce health care costs and
improve the quality of life for a large number of our citizens:
NOW, THEREFORE, BE IT RESOLVED,
by the House of Representatives of the Seventy-
fourth Legislature of the State of South Dakota, the Senate concurring therein, that the
Legislature acknowledges obesity as a growing epidemic and encourages improvement in
awareness and treatment of the problems of obesity; and
BE IT FURTHER RESOLVED,
that the medical community be urged to commit itself to
combating obesity through the myriad of tools deemed appropriate for the individual, including
nutrition, pharmacotherapy, and exercise; and
BE IT FURTHER RESOLVED,
that the Legislature designates the month of June 1999 as
Obesity Awareness Month.
Was read the first time and referred to the Committee on Health and Human Services.
HCR 1010
Introduced by:
Representatives Fischer-Clemens, Burg, Cerny, Chicoine, Clark,
Davis, Diedtrich (Elmer), Hanson, Kazmerzak, Koehn, Koetzle, Lockner, McIntyre, Patterson,
Sutton (Daniel), Sutton (Duane), Waltman, Weber, Wetz, Wilson, and Windhorst and Senators
Olson, Dennert, Duxbury, Flowers, Hutmacher, Kloucek, Lange, Madden, Moore, Munson
(David), Reedy, Staggers, and Symens
A CONCURRENT RESOLUTION,
Urging Congress to inform the public of the costs of long-
term care and to promote coverage of individuals under long-term care insurance.
WHEREAS,
as the baby boom generation begins to retire, funding Social Security and
Medicare will put a strain on the financial resources of younger Americans; and
WHEREAS,
Medicare was designed as a program for the poor, but in many states Medicaid
is being used for middle income elderly people to fund long-term care expenses; and
WHEREAS,
in the coming decade, people over age sixty-five will represent up to twenty
percent or more of the population, and the proportion of the population composed of individuals
who are over age eighty-five, who are most likely to be in need of long-term care, may double
or triple; and
WHEREAS,
with nursing home care now costing thirty-six thousand five hundred dollars
on average per year, long-term care expenses can have a catastrophic effect on families, wiping
out a lifetime of savings before a spouse, parent, or grandparent becomes eligible for Medicaid;
and
WHEREAS,
many people are unaware that most long-term care costs are not covered by
Medicare and that Medicaid covers long-term care only after the person's assets have been
exhausted; and
WHEREAS,
widespread use of private long-term care insurance has the potential to protect
families from the catastrophic costs of long-term care services while, at the same time, easing
the burden on Medicaid as the baby boom generation ages; and
WHEREAS,
the federal government has endorsed the concept of private long-term care
insurance by establishing federal tax rules for tax-qualified policies in the Health Insurance
Portability and Accountability Act of 1996; and
WHEREAS,
the federal government has ensured the availability of quality long-term care
insurance products and sales practices by adopting strict consumer protections in the Health
Insurance Portability and Accountability Act of 1996:
NOW, THEREFORE, BE IT RESOLVED,
by the House of Representatives of the Seventy-
fourth Legislature of the State of South Dakota, the Senate concurring therein, that the federal
government be urged to take all appropriate steps to inform the public about the financial risks
posed by rapidly increasing long-term care costs and about the need for families to plan for their
long-term care needs; and
BE IT FURTHER RESOLVED,
that the federal government be urged to take all appropriate
steps to inform the public that Medicare does not cover most long-term care costs and that
Medicaid covers long-term care costs only when the beneficiary has exhausted his or her assets;
and
BE IT FURTHER RESOLVED,
that the federal government be urged to take all appropriate
steps not only to encourage employers to offer private long-term care insurance coverage to
employees, but also to encourage both working-aged people and older citizens to obtain long-
term care insurance either through their employees or on their own; and
BE IT FURTHER RESOLVED,
that the appropriate committees of Congress, together with
the Department of Health and Human Services and other appropriate federal agencies, be urged
to develop specific ideas for encouraging Americans to plan for their own long-term care needs;
and
BE IT FURTHER RESOLVED,
that the congressional tax-writing committees, together
with the Department of the Treasury be urged to determine whether the tax rules for long-term
care insurance need to be modified to ensure that the rules adequately facilitate the affordability
of long-term care insurance.
Was read the first time and referred to the Committee on Commerce.
SCR 7:
A CONCURRENT RESOLUTION,
Supporting National Forest and Grasslands
Land and Resource Management Plans in South Dakota.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SCR 8:
A CONCURRENT RESOLUTION,
Expressing opposition to the proposed merger
between Cargill, Incorporated and Continental Grain Corporation.
Was read the first time and referred to the Committee on State Affairs.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Cutler moved that the reports of the Standing Committees on
Judiciary on HB 1301 as found on pages 502 to 504 of the House Journal; also
Judiciary on SB 126 as found on pages 504 and 505 of the House Journal; also
Health and Human Services on HB 1223 as found on page 505 of the House Journal; also
State Affairs on HB 1298 as found on page 506 of the House Journal be adopted.
Which motion prevailed and the reports were adopted.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1067
:
FOR AN ACT ENTITLED, An Act to
mandate driver's education, to increase
certain fees, and to make a continuous appropriation to provide funding.
Having had its second reading was up for reconsideration and final passage.
Rep. Richard Brown moved that HB 1067 be placed to follow HB 1257 on today's
calendar.
Which motion prevailed and the bill was so placed.
HB 1257:
FOR AN ACT ENTITLED, An Act to
revise how certain alcoholic beverage
licenses are issued to certain nonprofit organizations by a municipality or county.
Having had its second reading was up for consideration and final passage.
Rep. Peterson moved that HB 1257 be laid on the table.
The question being on Rep. Peterson's motion that HB 1257 be laid on the table.
And the roll being called:
Yeas 67, Nays 2, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley;
Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz;
Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Patterson;
Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker
Hunt
Nays were:
Koetzle; Munson (Donald)
Excused were:
Fiegen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1257 was laid on the table.
Rep. Richard Brown moved that HB 1067 be placed to follow HB 1200 on today's
calendar.
Which motion prevailed and the bill was so placed.
Rep. Cutler moved that HB 1110 be placed to precede HB 1200 on today's calendar.
Which motion prevailed and the bill was so placed.
HB 1110:
FOR AN ACT ENTITLED, An Act to
restrict the locations where video lottery
machines may be placed and to increase sales and use taxes.
Having had its second reading was up for consideration and final passage.
o-1110a
Rep. Lucas moved that HB 1110 be amended as follows:
On page
9
,
line
17 of the House State Affairs committee engrossed bill
,
delete "
2001
"
and
insert "
2000
"
.
Which motion prevailed and HB 1110 was so amended.
The question being "Shall HB 1110 pass as amended?"
And the roll being called:
Yeas 33, Nays 35, Excused 2, Absent and Not Voting 0
Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Cutler; Duenwald; Earley;
Eccarius; Engbrecht; Fitzgerald; Fryslie; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak;
Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; Peterson; Putnam; Slaughter;
Smidt; Volesky; Waltman; Wudel; Speaker Hunt
Nays were:
Broderick; Cerny; Chicoine; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan;
Fischer-Clemens; Garnos; Hagen; Haley; Klaudt; Koehn; Koetzle; Lockner; McNenny;
Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Richter; Roe;
Sebert; Solum; Sutton (Daniel); Sutton (Duane); Weber; Wetz; Wilson; Windhorst; Young
Excused were:
Apa; Fiegen
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
HB 1200:
FOR AN ACT ENTITLED, An Act to
increase sales and use taxes, repeal the
video lottery, and dedicate any additional revenue to reducing property taxes or increasing the
per student allocation.
Having had its second reading was up for consideration and final passage.
j-1200
Rep. Roe moved that HB 1200 be amended as follows:
On page
11
,
after line
25 of the printed bill
,
insert "
Section 23. The effective date of this
Act shall be July 1, 2001.
"
Which motion prevailed and HB 1200 was so amended.
The question being "Shall HB 1200 pass as amended?"
And the roll being called:
Yeas 28, Nays 41, Excused 1, Absent and Not Voting 0
Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Duenwald; Earley; Eccarius;
Engbrecht; Fitzgerald; Fryslie; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; McIntyre;
Peterson; Putnam; Roe; Slaughter; Smidt; Volesky; Waltman; Wudel; Speaker Hunt
Nays were:
Apa; Broderick; Burg; Cerny; Chicoine; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer);
Duniphan; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Klaudt; Koehn;
Koetzle; Lockner; Lucas; McCoy; McNenny; Michels; Monroe; Munson (Donald); Nachtigal;
Napoli; Patterson; Pummel; Richter; Sebert; Solum; Sutton (Daniel); Sutton (Duane); Weber;
Wetz; Wilson; Windhorst; Young
Excused were:
Fiegen
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Rep. Volesky announced his intention to reconsider the vote by which HB 1200 was lost.
Speaker Hunt now presiding.
HB 1067:
FOR AN ACT ENTITLED, An Act to
mandate driver's education, to increase
certain fees, and to make a continuous appropriation to provide funding.
Having had its second reading was up for reconsideration and final passage.
d-1067
Rep. Richard Brown moved that HB 1067 be amended as follows:
On page
2
,
line
14 of the House Education committee engrossed bill
,
after "
dollars.
"
overstrike "
The
"
and insert "
Except as otherwise provided, the
"
.
On page
3
,
line
5
,
after "
7.
"
delete "
The
"
and insert "
Notwithstanding any other provision
of law, the
"
.
Which motion prevailed and HB 1067 was so amended.
Rep. Cerny moved the previous question.
Which motion prevailed.
The question being "Shall HB 1067 pass as amended?"
And the roll being called:
Yeas 36, Nays 33, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Crisp; Earley; Fischer-
Clemens; Fitzgerald; Fryslie; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Koehn; Koetzle;
Kooistra; Lockner; Lucas; McCoy; McIntyre; Monroe; Nachtigal; Napoli; Patterson; Peterson;
Putnam; Roe; Sebert; Solum; Sutton (Daniel); Volesky; Waltman; Wilson
Nays were:
Broderick; Cerny; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald;
Duniphan; Eccarius; Engbrecht; Garnos; Hagen; Juhnke; Klaudt; Konold; Koskan; Lintz;
McNenny; Michels; Munson (Donald); Pummel; Richter; Slaughter; Smidt; Sutton (Duane);
Weber; Wetz; Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Fiegen
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
HB 1080:
FOR AN ACT ENTITLED, An Act to
revise the inheritance tax exemptions and
the rate of taxation applied to certain individuals.
Having had its second reading was up for consideration and final passage.
j-1080
Rep. Donald Munson moved that HB 1080 be amended as follows:
On page
4
,
line
17 of the printed bill
,
delete "
1999
"
and insert "
2000
"
.
Which motion prevailed and HB 1080 was so amended.
The question being "Shall HB 1080 pass as amended?"
And the roll being called:
Yeas 32, Nays 36, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Brown (Jarvis); Cerny; Chicoine; Davis; Engbrecht; Fischer-Clemens; Fryslie; Garnos;
Hagen; Haley; Hanson; Juhnke; Koehn; Kooistra; Lintz; Lockner; Lucas; McIntyre; Monroe;
Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Sebert; Sutton (Duane); Volesky;
Waltman; Wetz; Windhorst; Wudel
Nays were:
Broderick; Brooks; Brown (Richard); Burg; Clark; Crisp; Cutler; Derby; Diedrich (Larry);
Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fitzgerald; Hennies; Jaspers;
Kazmerzak; Klaudt; Konold; Koskan; McCoy; McNenny; Michels; Peterson; Putnam; Richter;
Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Weber; Wilson; Young; Speaker Hunt
Excused were:
Fiegen
Absent and Not Voting were:
Koetzle
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Donald Munson announced his intention to reconsider the vote by which HB 1080
was lost.
HB 1131:
FOR AN ACT ENTITLED, An Act to
repeal the inheritance tax over a period
of time.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1131 pass?"
And the roll being called:
Yeas 29, Nays 39, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; Duenwald; Engbrecht; Fryslie; Garnos;
Hagen; Hennies; Juhnke; Klaudt; Koehn; Kooistra; Lintz; Lockner; McIntyre; Monroe; Napoli;
Patterson; Pummel; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Windhorst
Nays were:
Broderick; Brooks; Brown (Richard); Burg; Clark; Cutler; Derby; Diedrich (Larry); Diedtrich
(Elmer); Duniphan; Earley; Eccarius; Fischer-Clemens; Fitzgerald; Hanson; Jaspers;
Kazmerzak; Koetzle; Konold; Koskan; Lucas; McCoy; McNenny; Michels; Munson (Donald);
Nachtigal; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel);
Wilson; Wudel; Young; Speaker Hunt
Excused were:
Fiegen
Absent and Not Voting were:
Haley
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1166:
FOR AN ACT ENTITLED, An Act to
revise the index factor for purposes of
distributing state aid to education.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1166 pass?"
And the roll being called:
Yeas 38, Nays 30, Excused 1, Absent and Not Voting 1
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Davis; Derby; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies;
Kazmerzak; Klaudt; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Nachtigal;
Patterson; Pummel; Roe; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wetz
Nays were:
Crisp; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Fitzgerald; Jaspers; Juhnke; Koehn; Konold; Koskan; Lintz; McNenny; Michels; Monroe;
Munson (Donald); Napoli; Peterson; Putnam; Richter; Sebert; Smidt; Sutton (Duane);
Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Fiegen
Absent and Not Voting were:
Wilson
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. Richter announced his intention to reconsider the vote by which HB 1166 was passed.
Rep. Cutler moved that HB 1004, 1121, 1263, 1254, 1270, 1284, 1264, and 1274 be
deferred until Wednesday, February 17th, the 26th legislative day.
Which motion prevailed and the bills were so deferred.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
SB 161:
FOR AN ACT ENTITLED, An Act to
establish a procedure for bringing taxes
current and issuing certain permits, and to establish certain penalties.
Was read the first time and referred to the Committee on Taxation.
SB 249:
FOR AN ACT ENTITLED, An Act to
allow a special fireworks sale period at the
turn of the millennium.
Was read the first time and referred to the Committee on Local Government.
SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
Rep. Peterson moved that SB 106, 10, 11, 12, 132, 47, 15, 79, and 80 be deferred until
Wednesday, February 17th, the 26th legislative day.
Which motion prevailed and the bills were so deferred.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1009, 1045, 1051,
and 1089 were delivered to his Excellency, the Governor, for his approval at 11:27 a.m.,
February 16, 1999.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1022, 1023, 1071,
1079, 1092, 1093, 1108, 1113, and 1137 were delivered to his Excellency, the Governor, for his
approval at 3:42 p.m., February 16.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1012, 1013, 1084, 1087, 1099, and 1158 and finds
the same correctly enrolled.
Respectfully submitted,
Roger Hunt, Chair
The Speaker publicly read the title to
HB 1012:
FOR AN ACT ENTITLED, An Act to
establish criteria for the use of utilization
review by health carriers, utilization review organizations, and other contracted entities.
HB 1013:
FOR AN ACT ENTITLED, An Act to
establish certain requirements regarding
coverage of emergency medical services.
HB 1084:
FOR AN ACT ENTITLED, An Act to
establish deadlines for action by school
districts on certain reorganization petitions.
HB 1087:
FOR AN ACT ENTITLED, An Act to
place certain restrictions on loans
obtained by insurance agents from their clients.
HB 1099:
FOR AN ACT ENTITLED, An Act to
revise the exemptions to the practice of
cosmetology.
HB 1158:
FOR AN ACT ENTITLED, An Act to
allow counties to participate in a
simulated election.
SB 45:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the notice
of meetings of the State Board of Funeral Service.
SB 48:
FOR AN ACT ENTITLED, An Act to
include viatical settlements in the definition
of securities under the Uniform Securities Act and to provide an exemption from registration
for viatical settlements issued by certain companies.
SB 50:
FOR AN ACT ENTITLED, An Act to
establish standards for the advertisement,
solicitation, and sale of life and health insurance.
SB 77:
FOR AN ACT ENTITLED, An Act to
revise the date when a third-party
administrator of life or health insurance coverage is required to file an annual report.
SB 90:
FOR AN ACT ENTITLED, An Act to
allow the register of deeds to assist in the
execution of United States passport applications.
SB 93:
FOR AN ACT ENTITLED, An Act to
revise certain exemptions relating to the
hauling of agricultural products or livestock from farms.
SB 112:
FOR AN ACT ENTITLED, An Act to
allow municipalities operating under the
commissioner form of government to determine the frequency of their meetings.
SB 137:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
insurance coverage for appurtenant property.
And signed the same in the presence of the House.
Rep. Broderick moved that the House do now adjourn, which motion prevailed, and at
4:59 p.m. the House adjourned.
KAREN GERDES, Chief Clerk