Joint Journal 02/25/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 25, 1999

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Kelly Bickel.

     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 thirty-first day and finds the following corrections should be made:

On page 731 of the House Journal delete everything after "made:" and insert:

"SB 99: FOR AN ACT ENTITLED, An Act to provide special assessment authority to ambulance districts.

Was read the second time.

The question being "Shall SB 99 pass as amended?"

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.

    On page 732, delete lines 1 to 5, inclusive."

     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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 249 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 89 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 209 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , after line 5 of the printed bill , insert:

" Section 5. That chapter 13-5 be amended by adding thereto a NEW SECTION to read as follows:

Cooperative education service units organized pursuant to this chapter shall file annually with the Department of Education and Cultural Affairs audits of their operation and disclosure statements of all funding sources. "

On page 2 , after line 5 of the printed bill , insert:

" Section 3. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

If two or more school districts consolidate, for a period of four years after consolidation, the newly formed district may opt to have its state aid calculated based on the school districts as they existed prior to consolidation. In years two to four, inclusive, after the consolidation of two or more school districts, the adjusted average daily memberships and the local efforts of the former districts may be based upon a pro-rata share of the adjusted average daily membership and local effort of the newly formed district as compared to the adjusted average daily memberships and the local efforts of the former districts in the first year. Any district that opts to benefit from this section shall notify the secretary of the Department of Education and Cultural Affairs of its intent to do so as part of its reorganization plan. A district that benefits from this section may not benefit from § 13-13-10.1 or section 2 of this Act simultaneously, or in future years.

Section 4. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

In years five to eight, inclusive, after the consolidation of two or more school districts that opted to benefit from section 3 of this Act, state aid shall be calculated as follows:

(1) Calculate state aid pursuant to § 13-13-73;

(2) Notwithstanding the four-year time limit, calculate state aid pursuant to section 3 of this Act;

(3) Subtract the results of subdivision (1) from the results of subdivision (2);

(4) Multiply the results of subdivision (3) by eighty percent in the fifth year, sixty percent in the sixth year, forty percent in the seventh year, and twenty percent in the eighth year;

(5) Add the results of subdivision (1) and the results of subdivision (4). "

On page 1 , line 1 of the printed bill , after " consolidation " insert " and to require cooperative education service units to provide certain information to the Department of Education and Cultural Affairs " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HCR 1016 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has approved SB 32 as recommended by the Governor, pursuant to Article IV, Section 4 of the Constitution of the State of South Dakota, for changes as to style and form. The recommendation of the Governor is found on page 650 of the Senate Journal.

We hereby request your favorable consideration in approving the recommendation of the Governor as to style and form on SB 32.

Also MR. SPEAKER:

I have the honor to return herewith HB 1225 and 1254 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1003 and 1121 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Daugaard, Albers, and Olson 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 1076.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Drake, Madden, 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 1116.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 130 and has appointed Sen. Whiting, Albers, and Moore 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.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 71, 103, 126, and 176.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has appointed Sens. Rounds, Paisley, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1258.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1010: 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.

     Rep. Fischer-Clemens moved that HCR 1010 as found on pages 543 to 545 and amended on page 696 of the House Journal be adopted.

     The question being on Rep. Fischer-Clemens' motion that HCR 1010 be adopted.

     And the roll being called:

     Yeas 64, Nays 2, Excused 2, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; 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; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Monroe; Young

Excused were:
Clark; Putnam

Absent and Not Voting 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 HCR 1010 was adopted.

     HCR 1017: A CONCURRENT RESOLUTION, Supporting country-of-origin labeling of meat products.

    Rep. Wetz moved that HCR 1017 as found on pages 739 and 740 of the House Journal be adopted.

     The question being on Rep. Wetz's motion that HCR 1017 be adopted.

     And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; 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; Wudel; Young; Speaker Hunt

Excused were:
Clark; Windhorst

Absent and Not Voting were:
Fiegen

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1017 was adopted.

     Rep. Napoli moved that the House do concur in Senate amendments to HB 1213.

     The question being on Rep. Napoli's motion that the House do concur in Senate amendments to HB 1213.

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

Excused were:
Clark; Windhorst

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. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 26th, the 33rd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on SB 138 as found on pages 732 and 733 of the House Journal; also

     State Affairs on SB 149 as found on pages 733 and 734 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 95: FOR AN ACT ENTITLED, An Act to regulate certain livestock packer transactions.

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

Rep. Larry Diedrich moved that SB 95 be amended as follows:

On page 3 , line 12 of the Senate engrossed bill , after " provisions. " insert " Any civil penalty collected pursuant to this section shall be deposited in the value added agriculture subfund created in section 1 of Senate Bill 5. " .

    A roll call vote was requested and supported.

     The question being on Rep. Larry Diedrich's motion that SB 95 be amended.

     And the roll being called:

     Yeas 9, Nays 61, Excused 0, Absent and Not Voting 0

     Yeas were:
Diedrich (Larry); Duniphan; Earley; Fiegen; Jaspers; McCoy; McNenny; Napoli; Richter

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

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

Rep. Donald Munson moved that SB 95 be amended as follows:

On page 3 , after line 12 of the Senate engrossed bill , insert:

" Section 8. Any packer located in this state that procures livestock with an aggregate value of less than seventy-five million dollars per year is exempt from the provisions of this Act. "

    A roll call vote was requested and supported.

     The question being on Rep. Donald Munson's motion that SB 95 be amended.

     And the roll being called:

     Yeas 12, Nays 58, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Duniphan; Earley; Eccarius; Fiegen; Kooistra; McNenny; Michels; Munson (Donald); Napoli; Windhorst; Speaker Hunt

Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Monroe; Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young

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

Rep. Koskan moved that SB 95 be amended as follows:

On page 3 , after line 12 of the Senate engrossed bill , insert:

" Section 8. The secretary of the Department of Agriculture may enter into interstate agreements or compacts with authorized representatives of one or more states to provide for the joint implementation of provisions of the agreement or compact that are substantially similar to sections 1 to 7, inclusive, of this Act.

Section 9. If the secretary of the Department of Agriculture has entered into an agreement or compact pursuant to section 8 of this Act and if the agreement or compact is in effect and is being implemented, sections 1 to 7, inclusive, of this Act are repealed when implementation of the agreement or compact begins. The agreement or compact may only be rescinded or voided by an Act of the Legislature. The provisions of sections 1 to 7, inclusive, of this Act may not be implemented or enforced until November 1, 1999, but are fully effective and enforceable on that date if no such agreement or compact has been implemented by that date. "

Rep. Waltman moved that Rep. Koskan's motion to amend SB 95 be laid on the table.

Rep. Cutler rose to a point of order.

The Speaker ruled Rep. Waltman's motion out of order, as it would limit debate.

Rep. Davis moved the previous question.

Which motion prevailed.

    A roll call vote was requested and supported.

     The question being on Rep. Koskan's motion that SB 95 be amended.

     And the roll being called:

     Yeas 31, Nays 38, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Clark; Cutler; Diedrich (Larry); Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Hennies; Jaspers; Juhnke; Konold; Koskan; McCoy; McNenny; Michels; Munson (Donald); Napoli; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Young; Speaker Hunt

Nays were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedtrich (Elmer); Duenwald; Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Monroe; Nachtigal; Patterson; Putnam; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

Excused were:
Windhorst

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

Rep. Napoli moved the previous question.

Which motion prevailed.

     The question now being "Shall SB 95 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 14, Excused 1, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Duenwald; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel

Nays were:
Apa; Broderick; Derby; Diedrich (Larry); Duniphan; Earley; Eccarius; Fiegen; McNenny; Napoli; Richter; Smidt; Young; Speaker Hunt

Excused were:
Windhorst

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 172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disclosure of damage on motor vehicles.

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

Rep. Wetz moved that SB 172 be amended as follows:

On page 1 , line 10 of the House Transportation committee engrossed bill , delete " three " and insert " five " .

On page 2 , line 10 , delete " three " and insert " five " .

On page 2 , line 13 , delete " three " and insert " five " .

On page 2 , line 20 , delete " three " and insert " five " .

    A roll call vote was requested and supported.

     The question being on Rep. Wetz's motion that SB 172 be amended.

     And the roll being called:

     Yeas 17, Nays 49, Excused 3, Absent and Not Voting 1

     Yeas were:
Brown (Richard); Derby; Diedrich (Larry); Jaspers; Juhnke; Klaudt; Konold; Munson (Donald); Sebert; Smidt; Solum; Sutton (Duane); Volesky; Wetz; Windhorst; Wudel; Young

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Kazmerzak; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Slaughter; Sutton (Daniel); Waltman; Weber; Wilson; Speaker Hunt

Excused were:
Duniphan; McNenny; Richter

Absent and Not Voting were:
Koehn

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

The question being "Shall SB 172 pass as amended?"

And the roll being called:

Yeas 57, Nays 9, Excused 3, Absent and Not Voting 1

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

Nays were:
Clark; Diedrich (Larry); Engbrecht; Fiegen; Juhnke; Kazmerzak; Konold; Munson (Donald); Volesky

Excused were:
Duniphan; McNenny; Richter

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

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

Rep. Koskan moved that SB 60 be amended as follows:

On page 1 , line 9 of the Senate engrossed bill , after " Administration " insert " and which provide farm to market access " .

Which motion prevailed and SB 60 was so amended.

The question being "Shall SB 60 pass as amended?"

And the roll being called:

Yeas 62, Nays 2, Excused 6, Absent and Not Voting 0

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

Nays were:
Fiegen; Juhnke

Excused were:
Burg; Duniphan; Fitzgerald; Michels; Richter; 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 243: FOR AN ACT ENTITLED, An Act to provide for the issuance of specialty license plates and organization decals.

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

The question being on Rep. Haley's pending motion to amend SB 243 as found on pages 754 and 755 of the House Journal.

Rep. Duenwald moved that SB 243 with pending amendment be deferred until Friday, February 26th, the 33rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 200: FOR AN ACT ENTITLED, An Act to increase the penalty for possessing certain drugs near schools and certain other youth-oriented facilities.

Was read the second time.

Rep. Cutler moved that SB 200 be referred back to the Committee on State Affairs.

Which motion prevailed and the bill was so referred.

SB 162: FOR AN ACT ENTITLED, An Act to increase the penalty for second convictions for criminal pedophilia.

Was read the second time.

     The question being "Shall SB 162 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 2, Excused 4, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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; Koetzle; Konold; Kooistra; Koskan; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Nachtigal; Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Koehn; Munson (Donald)

Excused were:
Burg; Patterson; Richter; Young

Absent and Not Voting were:
Haley; Lintz; Lucas

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 228: FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults in jails.

Was read the second time.

Rep. Hennies moved that SB 228 be amended as follows:

On page 1 , line 4 of the House Judiciary committee engrossed bill , overstrike " person " and insert " adult " .

Which motion prevailed and SB 228 was so amended.

The question being "Shall SB 228 pass as amended?"

And the roll being called:

Yeas 61, Nays 4, Excused 4, Absent and Not Voting 1

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Speaker Hunt

Nays were:
Koehn; Koetzle; Lucas; Wetz

Excused were:
Burg; Nachtigal; Richter; Young

Absent and Not Voting were:
Haley

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 1: FOR AN ACT ENTITLED, An Act to revise the procedure for the valuation of real property.

Was read the second time.

     The question being "Shall SB 1 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; 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; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; 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:
Crisp; McNenny

Excused were:
Burg; McIntyre; Richter

Absent and Not Voting were:
Haley

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 110: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the electronic filing of tax returns and tax payments.

Was read the second time.

     The question being "Shall SB 110 pass as amended?"

     And the roll being called:

     Yeas 60, Nays 1, Excused 7, Absent and Not Voting 2

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

Nays were:
Wetz

Excused were:
Burg; Clark; Garnos; Lucas; McIntyre; Richter; Windhorst

Absent and Not Voting were:
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 111: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the taxation of the gross receipts of a professional employer organization.

Was read the second time.

Rep. Donald Munson moved that SB 111 be deferred until Friday, February 26th, the 33rd legislative day.

Which motion prevailed and the bill was so deferred.

SB 216: FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

Was read the second time.

     The question being "Shall SB 216 pass?"

     And the roll being called:

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

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

Excused were:
Burg; Garnos; Lucas; Richter

Absent and Not Voting were:
Lockner

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 26: FOR AN ACT ENTITLED, An Act to authorize the sale of a tract of land in Brookings County used by the Agricultural Experiment Station research program, to provide for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents endowed institution interest and income fund to reflect the value of such sale.

Was read the second time.

The question being "Shall SB 26 pass?"

And the roll being called:

Yeas 64, Nays 1, Excused 4, Absent and Not Voting 1

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

Excused were:
Burg; Garnos; Lucas; Richter

Absent and Not Voting were:
Lockner

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 38: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the transfer of funds from the regulated substance response fund and to make an appropriation to the fund.

Was read the second time.

     The question being "Shall SB 38 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); 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; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Burg; Lucas; Richter

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 127: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the financial arrangements school districts may have with the Health and Educational Facilities Authority.

Was read the second time.

     The question being "Shall SB 127 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); 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; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Burg; Lucas; Richter

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 68: FOR AN ACT ENTITLED, An Act to increase the fees the sheriff is allowed for collecting taxes.

Was read the second time.

Rep. Koskan moved that SB 68 be amended as follows:

On page 1 , line 5 of the House Taxation committee engrossed bill , delete " twenty- " and insert " fifty " .

On page 1 , line 6 , delete " five " .

On page 1 , line 6 , delete " fifteen " and insert " thirty " .

On page 1 , line 7 , delete " ten " and insert " twenty " .

On page 1 , line 9 , delete " The " .

On page 1 , line 9 , overstrike everything after " The " .

On page 1 , delete line 10 , and insert " ~~debtor or his property an additional penalty, in lieu of mileage, equal~~ " .

On page 1 , line 11 , overstrike " to fifteen percent of the amount of tax " .

On page 1 , line 12 , delete " due, which " .

On page 1 , line 12 , overstrike everything before " The " .

     Rep. McNenny moved that SB 68 with pending amendment be deferred until the 41st legislative day.

     The question being on Rep. McNenny's motion that SB 68 with pending amendment be deferred until the 41st legislative day.

     And the roll being called:

     Yeas 51, Nays 18, Excused 1, Absent and Not Voting 0

     Yeas were:
Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedtrich (Elmer); Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McNenny; Michels; Monroe; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Sutton (Daniel); Sutton (Duane); Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brooks; Derby; Diedrich (Larry); Duenwald; Duniphan; Fiegen; Hennies; Kazmerzak; Konold; McIntyre; Munson (Donald); Sebert; Smidt; Solum; Volesky; Waltman

Excused were:
Burg

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 68 with pending amendment was so deferred.

SB 193: FOR AN ACT ENTITLED, An Act to revise the school term.

Was read the second time.

Rep. Richard Brown moved that SB 193 be deferred until Friday, February 26th, the 33rd legislative day.

Which motion prevailed and the bill was so deferred.

Speaker Pro tempore Eccarius now presiding.

SB 177: FOR AN ACT ENTITLED, An Act to require the Department of Revenue to conduct a pilot program granting limited access to certain secured parties concerning liens and to provide rule-making authority to implement the pilot program.

Was read the second time.

Rep. Hunt moved that SB 177 be amended as follows:

On page 1 , line 9 of the Senate Taxation committee engrossed bill , after " banks " insert " , credit unions, and other lending institutions " .

    A roll call vote was requested and supported.

     The question being on Rep. Hunt's motion that SB 177 be amended.

     And the roll being called:

     Yeas 22, Nays 46, Excused 1, Absent and Not Voting 1

     Yeas were:
Brooks; Clark; Crisp; Cutler; Engbrecht; Fitzgerald; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; McNenny; Monroe; Napoli; Patterson; Richter; Solum; Wetz; Windhorst; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Hanson; Hennies; Jaspers; Juhnke; Konold; Koskan; Lintz; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Young

Excused were:
Burg

Absent and Not Voting were:
Haley

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

     The question being "Shall SB 177 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; 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; Wilson; Windhorst; Young; Speaker Hunt

Nays were:
Crisp; Fischer-Clemens; Koetzle; Kooistra; Wetz; Wudel

Excused were:
Burg

Absent and Not Voting were:
Hagen

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 191 be deferred until Friday, February 26th, the 33rd legislative day.

    Which motion prevailed and the bill was so deferred.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB1301 which has passed the Senate without change.

Respectfully,
PATRICIA ADAM, Secretary

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1033, 1039, 1070, 1095, 1098, 1102, 1107, 1144, 1193, 1208, 1262, 1266, and 1279 were delivered to his Excellency, the Governor, for his approval at 10:37 a.m., February 25, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1176, 1177, 1186, 1223, 1230, 1264, 1271, 1297, and 1303 were delivered to his Excellency, the Governor, for his approval at 3:37 p.m., February 25, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HJR 1005 and HJR 1007 were delivered to her Excellency, the Secretary of State, for filing at 10:45 a.m., February 25, 1999.

Respectfully submitted,
ROGER W. HUNT, Chair

Rep. Wudel moved that the House do now adjourn, which motion prevailed, and at 6:38 p.m. the House adjourned.

KAREN GERDES, Chief Clerk