Joint Journal 02/24/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 24, 1999

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

     The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by House page Kristi Schliesman.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirtieth day and finds the following correction should be made:

    On page 725, between lines 27 and 28 insert:

     "And the roll being called:

     Yeas 59, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young

Nays were:
Derby; Fiegen; Koskan; Monroe; Napoli; Peterson; Richter; Roe; Wetz; Windhorst; Speaker Hunt

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."

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

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1042, 1056, 1094, and 1217, 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 Judiciary respectfully reports that it has had under consideration SB 177 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the printed bill , delete " or medical authority to " and insert " in " .

On page 2 , line 6 , delete everything after " treatment " .

On page 2 , line 7 , delete everything before " . " .

On page 2 , line 8 , delete " or medical authority " .

On page 2 , line 11 , after " applies " insert " only " .

On page 2 , line 13 , delete " section " and insert " Act " .

On page 2 , delete lines 16 to 18 , inclusive .

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

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 191 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 11 of the Senate engrossed bill , after " mandate. " insert " These costs may be recovered either regionally or statewide at the discretion of the agency. This section does not affect any decision or order made by any agency to comply with 47 U.S.C. § 251 as of January 1, 1999. "

On page 1 , after line 11 of the Senate engrossed bill , insert:

" Section 2. That § 49-31-87 be amended to read as follows:

49-31-87. Dialing parity, as defined in 47 U.S.C. § 153 (15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, ~~may not~~ shall be implemented by any local exchange carrier serving more than two hundred thousand retail access lines by order of the commission ~~until all providers of toll services are authorized to provide interLATA services which originate in this state~~ on January 1, 2000 . "

On page 1 , line 3 of the Senate engrossed bill , after " services " insert " and to revise certain provisions regarding dialing parity " .

And that as so amended said bill do pass.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. David Munson, Vitter, and Kloucek 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 on HB 1053.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Everist, Daugaard, and Flowers 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 on HB 1207.

Also MR. SPEAKER:

I have the honor to return herewith HB 1223, 1230, 1264, and 1303 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1213 which has 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 9, 12, and 13 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

Rep. Haley moved that the House do not concur in Senate amendments to HB 1076 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Cutler, Napoli, and Haley.

Rep. Duenwald moved that the House do not concur in Senate amendments to HB 1116 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Duenwald, Wetz, and Lucas.

     Rep. Apa moved that the House do concur in Senate amendments to HB 1176.

     The question being on Rep. Apa's motion that the House do concur in Senate amendments to HB 1176.

     And the roll being called:

     Yeas 65, Nays 2, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; 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; Wudel; Young; Speaker Hunt

Nays were:
Duenwald; Windhorst

Excused were:
Clark; Cutler

Absent and Not Voting were:
Davis

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.

Speaker Pro tempore Eccarius now presiding.

     Rep. Fischer-Clemens moved that the House do concur in Senate amendments to HB 1177.

     The question being on Rep. Fischer-Clemens' motion that the House do concur in Senate amendments to HB 1177.

     And the roll being called:

     Yeas 65, Nays 3, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; 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; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Monroe; Wetz; Young

Excused were:
Cutler

Absent and Not Voting were:
Davis

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 1186.

     The question being on Rep. Hunt's motion that the House do concur in Senate amendments to HB 1186.

     And the roll being called:

Yeas 62, Nays 6, Excused 1, Absent and Not Voting 1

Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Patterson; Peterson; Putnam; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Apa; Haley; Koehn; Munson (Donald); Roe; Windhorst

Excused were:
Pummel

Absent and Not Voting were:
Fischer-Clemens

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. Peterson moved that the House do not concur in Senate amendments to HB 1258 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

Which motion prevailed and the Speaker appointed as such committee Reps. Peterson, Elmer Diedtrich, and Wilson.

     Rep. Fitzgerald moved that the House do concur in Senate amendments to HB 1271.

     The question being on Rep. Fitzgerald's motion that the House do concur in Senate amendments to HB 1271.

     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; Fiegen; 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; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Richter; Windhorst

Excused were:
Pummel

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. Michels moved that the House do concur in Senate amendments to HB 1297.

     The question being on Rep. Michels' motion that the House do concur in Senate amendments to HB 1297.

     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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Koskan; Monroe

Excused were:
Pummel; Young

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. Burg moved that SCR 8 as found on page 354 of the Senate Journal and amended on page 660 of the House Journal be concurred in.

     The question being on Rep. Burg's motion that SCR 8 as amended be concurred in.

     And the roll being called:

     Yeas 63, Nays 3, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Eccarius; Fiegen; 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; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Derby; Earley; Peterson

Excused were:
Clark; Engbrecht; Young

Absent and Not Voting were:
Fischer-Clemens

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 8 was concurred in.

HCR 1017 Introduced by: Representatives Wetz, Brooks, Duenwald, Fryslie, Juhnke, Klaudt, Konold, Sebert, and Slaughter and Senators Bogue, Drake, and Hainje

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

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

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

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

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

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

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

Was read the first time and the Speaker waived the committee referral.

HCR 1018 Introduced by: Representatives Kazmerzak, Burg, Chicoine, Fischer-Clemens, Haley, Koehn, Lintz, Lucas, McIntyre, Nachtigal, Sutton (Daniel), Volesky, Waltman, and Weber and Senators Kloucek, Hutmacher, Lange, and Vitter

A CONCURRENT RESOLUTION, Calling upon the United States Congress and the Legislatures of Minnesota, South Dakota, Iowa, and Nebraska to assist in the development of producer-owned facilities for meat and grain processing.

WHEREAS, there is a long-standing and well-documented need for economic development in the rural communities of the United States and our respective states; and

WHEREAS, the most sensible form of economic development uses the existing resources of the local area where the development is to take place; and

WHEREAS, the independent family farmers of our respective states and the United States need additional outlets for the produce of their farms; and

WHEREAS, there has been a demonstrated and well-documented reduction in the livestock processing capacity of the United States; and

WHEREAS, we can best assure that livestock and grain processing facilities will remain open and operating in our states by providing for local ownership of those facilities:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature calls upon the Congress of the United States and the Legislatures of Minnesota, Iowa, and Nebraska to enact legislation to further the development of farmer-owned livestock and grain processing and storage facilities in the rural communities of the Midwest; to assist in the development of such facilities through low-interest loans, appropriate tax relief, and any necessary changes in state or federal laws to enhance interstate sales and transportation of the products of these processing facilities; to provide a system of financial assistance for the marketing of the products of farmer-owned processing facilities; and to assist in the development of marketing strategies that focus on the wholesomeness, health benefits, and environmental benefits of meat and grain products raised by independent family farmers and prepared for retail sale by family-owned processing facilities.

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

SCR 9: A CONCURRENT RESOLUTION, Urging continued support of the Mid Dakota Rural Water Project.

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

SCR 12: A CONCURRENT RESOLUTION, Requesting the United States Congress and certain federal agencies to require reflectors on interstate railroad cars.

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

SCR 13: A CONCURRENT RESOLUTION, Requesting the federal government to honor certain state meat inspections in interstate commerce.

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

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Cutler moved that the reports of the Standing Committees on

    Commerce on HCR 1010 as found on page 696 of the House Journal; also

     Taxation on SB 68 as found on pages 696 and 697 of the House Journal; also

     Education on SB 193 as found on pages 698 and 699 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 115: FOR AN ACT ENTITLED, An Act to require a landowner to apply to the director of equalization and to request the use of the marshland soils rating classification to value certain agricultural land.

Was read the second time.

     The question being "Shall SB 115 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Excused were:
Engbrecht; Michels; Young

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 14: FOR AN ACT ENTITLED, An Act to provide for a penalty for failure to obtain a license before operating an alcoholic beverage business.

Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Munson (Donald); Windhorst

Excused were:
Engbrecht; Michels; Young

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 87: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the annual property tax bill.

Was read the second time.

     The question being "Shall SB 87 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent and Not Voting 1

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

Excused were:
Engbrecht; Michels

Absent and Not Voting were:
Brooks

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 repeal certain exemptions for national guard members and discharged members from certain taxes and military duty.

Was read the second time.

The question being "Shall SB 13 pass?"

And the roll being called:

Yeas 68, Nays 0, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Engbrecht; Michels

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 204: FOR AN ACT ENTITLED, An Act to provide that violations of general permits for water pollution control are subject to certain penalties.

Was read the second time.

     The question being "Shall SB 204 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent and Not Voting 0

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

Nays were:
Monroe

Excused were:
Engbrecht; Michels

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding safe drinking water to comply with the revised requirements of the federal Safe Drinking Water Act.

Was read the second time.

     The question being "Shall SB 39 pass?"

     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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Monroe; Windhorst

Excused were:
Engbrecht; Michels

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 91: FOR AN ACT ENTITLED, An Act to revise certain provisions governing the location of hunting authorized by landowner preference and limited big game licenses and permits.

Was read the second time.

The question being "Shall SB 91 pass?"

And the roll being called:

Excused were:
Engbrecht; Michels

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 179: FOR AN ACT ENTITLED, An Act to clarify the notification date requirements in the nonrenewal of certain teacher contracts.

Was read the second time.

     The question being "Shall SB 179 pass?"

     And the roll being called:

     Yeas 68, Nays 0, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Engbrecht; Michels

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HCR 1011: A CONCURRENT RESOLUTION, Recognizing and endorsing the efforts of the Good Bears of the World organization and their efforts on behalf of Children's Day.

Was read the second time.

     The question being "Shall HCR 1011 as found on page 569 of the House Journal be adopted?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, 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; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); 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:
Engbrecht; Michels; Nachtigal

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared HCR 1011 adopted.

SCR 7: A CONCURRENT RESOLUTION, Supporting National Forest and Grasslands Land and Resource Management Plans in South Dakota.

Was read the second time.

The question being "Shall SCR 7 as found on page 353 of the Senate Journal be concurred in?"

And the roll being called:

Excused were:
Engbrecht; Michels

So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared SCR 7 concurred in.

Speaker Hunt now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 190: FOR AN ACT ENTITLED, An Act to prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

Was read the second time.

     The question being "Shall SB 190 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, 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; Fiegen; 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; Speaker Hunt

Excused were:
Engbrecht

Absent and Not Voting were:
Young

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 60: FOR AN ACT ENTITLED, An Act to establish certain criteria for the state trunk highway system.

Was read the second time.

Rep. Broderick moved that SB 60 be deferred until Thursday, February 25th, the 32nd legislative day.

Which motion prevailed and the bill was so deferred.

SB 97 : FOR AN ACT ENTITLED, An Act to extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

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

     The question being "Shall SB 97 pass?"

     And the roll being called:

     Yeas 38, Nays 32, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Diedtrich (Elmer); Duniphan; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Peterson; Pummel; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Earley; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koetzle; Lockner; Lucas; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Richter; Roe; Sutton (Daniel); Waltman; Weber; Wetz; Young

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 27: FOR AN ACT ENTITLED, An Act to require the conduct of criminal background checks for certain persons employed by the Board of Regents.

Was read the second time.

     The question being "Shall SB 27 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0

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

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 235: FOR AN ACT ENTITLED, An Act to require the disclosure of information to prospective enrollees of managed care plans.

Was read the second time.

     The question being "Shall SB 235 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; 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; Wudel; Young; Speaker Hunt

Nays were:
Klaudt; Monroe; Napoli; Windhorst

Excused were:
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 236: FOR AN ACT ENTITLED, An Act to establish standards for network adequacy and quality of care in managed care plans and to require the registration of managed care entities.

Was read the second time.

     The question being "Shall SB 236 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Koehn; 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; Wudel; Young; Speaker Hunt

Nays were:
Jaspers; Klaudt; Monroe; Napoli; Windhorst

Excused were:
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 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the review of necessity of treatment for court-ordered administration of psychotropic medication.

Was read the second time.

Rep. Fiegen moved that SB 54 be referred back to the Committee on Health and Human Services.

Which motion prevailed and the bill was so referred.

SB 5: FOR AN ACT ENTITLED, An Act to establish the value added agriculture subfund and provide for its funding and disbursement.

Was read the second time.

Rep. Daniel Sutton moved that SB 5 be amended as follows:

On page 1 , line 14 of the Senate Agriculture and Natural Resources committee engrossed bill , delete everything after " Section 3. " and insert " The revenue from the tax imposed by chapters 10-45 and 10-46 on the following services enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President:

(1) Trucking and courier services, except air (group no. 421) except collection and disposal of solid waste;

(2) Veterinarian services (group no. 074) and animal specialty services, except veterinary (industry no. 0752); and

(3) Certain auction sales defined in section 7 of this Act;

shall be deposited in the value added agriculture subfund created in section 1 of this Act. " .

On page 2 , delete lines 1 to 12 , inclusive .

On page 3 , after line 18 , insert:

" Section 7. Auction sales mean any sales and use tax collections from a public auction held for the purpose of disposing of tangible personal property of an individual, such as auction sales of farmers or householders selling farm equipment and household goods. "

Rep. Wetz moved the previous question.

Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Daniel Sutton's motion that SB 5 be amended.

     And the roll being called:

Yeas 20, Nays 49, Excused 1, Absent and Not Voting 0

Yeas were:
Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Weber

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Hennies

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

Rep. Waltman moved that SB 5 be amended as follows:

On page 1 , delete line 14 of the Senate Agriculture and Natural Resources committee engrossed bill .

On page 2 , delete lines 1 to 12 , inclusive .

Rep. Roe moved the previous question.

Which motion prevailed.

    A roll call vote was requested and supported.

     The question now being on Rep. Waltman's motion that SB 5 be amended.

     And the roll being called:

     Yeas 20, Nays 50, Excused 0, Absent and Not Voting 0

     Yeas were:
Burg; Cerny; Chicoine; Crisp; Davis; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson; Windhorst

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

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 "Shall SB 5 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent and Not Voting 0

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

Nays were:
Lucas; Waltman; Windhorst

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 243: FOR AN ACT ENTITLED, An Act to provide for the issuance of specialty license plates and organization decals.

Was read the second time.

Rep. Haley moved that SB 243 be amended as follows:

On page 1 , line 12 of the Senate engrossed bill , delete everything after " vehicle, " and insert " the owner shall pay a ten dollar fee for the specialty " .

On page 1 , line 13 , delete " for the " .

On page 1 , line 13 , after " vehicle " insert " and such fee shall be credited to the special highway fund " .

On page 1 , line 15 , delete " ten " and insert " twenty " .

On page 1 , line 15 , after " plates " insert " and fifty percent of such fee shall be credited to the special highway fund and fifty percent shall be credited to the state license plate special revenue fund " .

Rep. Cutler moved that SB 243 and the pending amendment be deferred until Thursday, February 25th, the 32nd legislative day.

Rep. Cutler requested a division of the House.

Which motion prevailed and SB 243 with pending amendment was so deferred.

SB 109: FOR AN ACT ENTITLED, An Act to provide for the public announcement of capital punishment execution dates.

Was read the second time.

     The question being "Shall SB 109 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 16, Excused 0, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedtrich (Elmer); Duniphan; Earley; Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young

Nays were:
Apa; Clark; Derby; Diedrich (Larry); Duenwald; Eccarius; Fiegen; Fryslie; Jaspers; McCoy; McNenny; Monroe; Napoli; Peterson; Richter; Speaker Hunt

Absent and Not Voting were:
Koskan; 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 246: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the service of a summons.

Was read the second time.

     The question being "Shall SB 246 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 0, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; 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

Absent and Not Voting were:
Haley; Koetzle; 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 75: FOR AN ACT ENTITLED, An Act to establish an insurance fraud unit within the Division of Insurance to investigate and prosecute insurance fraud.

Was read the second time.

     The question being "Shall SB 75 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 6, Excused 1, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Nachtigal; Napoli; Patterson; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Cerny; Duenwald; Hagen; Jaspers; Monroe; Munson (Donald)

Excused were:
Young

Absent and Not Voting were:
Haley; Koetzle; Putnam

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 239: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telecommunications services.

Was read the second time.

     The question being "Shall SB 239 pass?"

     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; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; 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; Speaker Hunt

Nays were:
Hagen; Koetzle

Excused were:
Cutler; Young

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 65: FOR AN ACT ENTITLED, An Act to codify the legislation passed in 1998.

Was read the second time.

Rep. Putnam moved that SB 65 be amended as follows:

On page 2 , line 21 of the printed bill , overstrike " November " and insert " February " .

On page 2 , line 21 , delete " 1998 " and insert " 1999 " .

Which motion prevailed and SB 65 was so amended.

     The question being "Shall SB 65 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, 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; Earley; Eccarius; Engbrecht; Fiegen; 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; Speaker Hunt

Excused were:
Cutler; Young

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 49: FOR AN ACT ENTITLED, An Act to repeal the subsequent injury fund.

Was read the second time.

The question being "Shall SB 49 pass as amended?"

And the roll being called:

Yeas 55, Nays 13, Excused 1, Absent and Not Voting 1

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Koskan; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Napoli; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Davis; Fischer-Clemens; Hagen; Haley; Koetzle; Kooistra; Lockner; Lucas; Munson (Donald); Nachtigal; Patterson; Putnam; Waltman

Excused were:
Young

Absent and Not Voting were:
Koehn

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 128: FOR AN ACT ENTITLED, An Act to criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Was read the second time.

Rep. Hennies moved that SB 128 be amended as follows:

On page 1 , line 7 of the House Judiciary committee engrossed bill , after " facility " insert " or jail " .

On page 1 , line 9 , after " facility " insert " or jail " .

On page 1 , line 10 , after " period. " insert " A violation of this section is an act of delinquency. " .

On page 1 , line 13 , after " facility " insert " or jail " .

On page 1 , line 14 , after the first "facility" insert "or jail".

Which motion prevailed and SB 128 was so amended.

     The question being "Shall SB 128 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 0, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; 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:
Haley; Lucas; Munson (Donald)

Absent and Not Voting were:
Hagen; Koehn

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 171: FOR AN ACT ENTITLED, An Act to require the suspension of driving privileges in connection with certain acts of vandalism.

Was read the second time.

     The question being "Shall SB 171 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 21, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hanson; Hennies; Juhnke; Kazmerzak; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Patterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Volesky; Waltman; Weber; Windhorst; Wudel; Speaker Hunt

Nays were:
Burg; Clark; Cutler; Davis; Diedrich (Larry); Hagen; Haley; Jaspers; Klaudt; Koetzle; Lockner; McNenny; Monroe; Nachtigal; Napoli; Peterson; Putnam; Sutton (Daniel); Wetz; Wilson; Young

Absent and Not Voting were:
Koehn

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

Rep. Cutler moved that SB 200, 162, 228, 1, 110, 111, 216, 26, 38, and 127 be deferred until Thursday, February 25th, the 32nd 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 the Office of Engrossing and Enrolling has carefully compared HB 1176, 1177, 1186, 1223, 1230, 1264, 1271, 1297, and 1303 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1176: FOR AN ACT ENTITLED, An Act to require an applicant to pay the actual costs of postage and handling for mailing license plates and stickers.

     HB 1177: FOR AN ACT ENTITLED, An Act to authorize the Board of Examiners of Psychologists to dismiss certain complaints.

     HB 1186: FOR AN ACT ENTITLED, An Act to restrict access by minors to obscene materials on certain public access computers and to limit liability for certain related actions.

     HB 1223: FOR AN ACT ENTITLED, An Act to allow access to a deceased person's medical record.

     HB 1230: FOR AN ACT ENTITLED, An Act to provide for the recovery of damages for checks, drafts, or orders not paid upon presentment.

     HB 1264: FOR AN ACT ENTITLED, An Act to clarify the meaning of the term, biologically-based mental illness.

     HB 1271: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of counselor applicants.

     HB 1297: FOR AN ACT ENTITLED, An Act to revise the circumstances under which it is not required to provide reasonable efforts to reunite parents with children adjudicated as abused and neglected.

     HB 1303: FOR AN ACT ENTITLED, An Act to limit the liability of local government agencies and their employees for year 2000 litigation.

     And signed the same in the presence of the House.

Rep. Duane Sutton moved that the House do now adjourn, which motion prevailed, and at 5:46 p.m. the House adjourned.

KAREN GERDES, Chief Clerk