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 Alan Clements.
Roll Call: All members present except Reps. Fitzgerald and Koehn who were excused.
The Committee on Transportation respectfully reports that it has had under consideration
SCR 12 and returns the same with the recommendation that said resolution be concurred in.
MR. SPEAKER:
I have the honor to return herewith HB 1210 and 1211 which have passed the Senate
without change.
Also MR. SPEAKER:
I have the honor to return herewith HCR 1011 in which the Senate has concurred.
Also MR. SPEAKER:
I have the honor to return herewith HB 1106 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
I have the honor to inform your honorable body that the Senate has failed to concur in HCR
1009.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has concurred in House
amendments to SB 60, 162, 171, 172, and 228.
Rep. Eccarius moved that the House do not concur in Senate amendments to HB 1075 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. Eccarius,
Richard Brown, and Cerny.
Rep. Fischer-Clemens moved that the House do concur in Senate amendments to HB 1221.
The question being on Rep. Fischer-Clemens' motion that the House do concur in Senate
amendments to HB 1221.
And the roll being called:
Yeas 62, Nays 3, Excused 3, Absent and Not Voting 2
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; 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; Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Crisp; Fitzgerald; Koehn
Absent and Not Voting were:
Diedrich (Larry); Fiegen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the amendments were concurred in.
Which motion prevailed and the reports were adopted.
Rep. Kooistra moved that SB 101 be placed on the calendar of Tuesday, March 2, the 35th
legislative day.
The question being on Rep. Kooistra's motion that SB 101 be placed on the calendar of
Tuesday, March 2, the 35th legislative day.
And the roll being called:
Nays were:
Cerny; Hanson; Koetzle; Napoli
Excused were:
Crisp; Fitzgerald; Koehn
Absent and Not Voting were:
Diedrich (Larry); Fiegen; McNenny
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SB 101 was so placed.
Rep. Broderick requested that SB 205 be removed from the Consent Calendar.
Which request was granted and the bill was so removed.
SB 89:
FOR AN ACT ENTITLED, An Act to
clarify average daily membership in the state
aid to education formula.
Was read the second time.
The question being "Shall SB 89 pass as amended?"
And the roll being called:
Nays were:
Napoli; Slaughter; Sutton (Duane)
Excused were:
Crisp; Fitzgerald; 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 111:
FOR AN ACT ENTITLED, An Act to
establish certain provisions regarding the
taxation of the gross receipts of a professional employer organization.
Having had its second reading was up for consideration and final passage.
Rep. Michels moved that SB 111 be deferred until Tuesday, March 2nd, the 35th
legislative day.
Which motion prevailed and the bill was so deferred.
SB 191:
FOR AN ACT ENTITLED, An Act to
designate kuchen as the official state
dessert.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 191 pass?"
And the roll being called:
Yeas 26, Nays 41, Excused 2, Absent and Not Voting 1
Yeas were:
Brown (Jarvis); Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan;
Engbrecht; Fischer-Clemens; Fryslie; Hanson; Kazmerzak; Klaudt; Lintz; Lucas; McIntyre;
Patterson; Putnam; Roe; Sebert; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wudel
Excused were:
Fitzgerald; Koehn
Absent and Not Voting were:
Wilson
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Waltman announced his intention to reconsider the vote by which SB 191 was lost.
SB 164:
FOR AN ACT ENTITLED, An Act to
prohibit certain practices by certain
livestock packers and live poultry dealers.
Having had its second reading was up for consideration and final passage.
The question being "Shall SB 164 pass as amended?"
And the roll being called:
Yeas 62, Nays 5, Excused 3, 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; Eccarius;
Engbrecht; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy;
McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Derby; Earley; Fiegen; Napoli; Smidt
Excused were:
Fitzgerald; Koehn; 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.
Having had its second reading was up for consideration and final passage.
The question being on Rep. Haley's pending motion to SB 243 as found on pages 754 and
755 of the House Journal.
A roll call vote was requested and supported.
And the roll being called:
Yeas 29, Nays 39, Excused 2, Absent and Not Voting 0
Yeas were:
Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Eccarius;
Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner;
Lucas; McIntyre; McNenny; Nachtigal; Patterson; Peterson; Sutton (Daniel); Volesky;
Waltman; Weber; Wilson
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Clark; Cutler; Diedtrich (Elmer); Duenwald;
Duniphan; Earley; Engbrecht; Fiegen; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold;
Koskan; Lintz; McCoy; Michels; Monroe; Munson (Donald); Napoli; Pummel; Putnam;
Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel;
Young; Speaker Hunt
Excused were:
Fitzgerald; Koehn
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
"
Section 5. Revenue from the fees provided for in this Act shall be remitted to the state
treasurer and shall be deposited into the public and special transportation fund created in
§
1-44-
7.2.
"
The question being "Shall SB 243 pass as amended?"
Nays were:
Burg; Cerny; Clark; Crisp; Cutler; Earley; Eccarius; Fiegen; Garnos; Hagen; Hanson; Jaspers;
Koetzle; Koskan; Lucas; Monroe; Munson (Donald); Peterson; Richter; Slaughter; Waltman;
Weber; Wilson
Excused were:
Fitzgerald; Koehn
So the bill not having received an affirmative vote of a two-thirds majority of the members-
elect, the Speaker declared the bill lost.
Rep. Duenwald announced his intention to reconsider the vote by which SB 243 was lost.
SB 209:
FOR AN ACT ENTITLED, An Act to
provide certain incentives for school
consolidation and to require cooperative education service units to provide certain information
to the Department of Education and Cultural Affairs.
Was read the second time.
The question being "Shall SB 209 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); Burg; Cerny; Clark; Crisp; Cutler;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers;
Juhnke; Klaudt; 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); Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt
Excused were:
Fitzgerald; Koehn; Koetzle
Absent and Not Voting were:
Chicoine
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 156:
FOR AN ACT ENTITLED, An Act to
restrict the placement of automated teller
machines in the proximity of video lottery terminals.
Was read the second time.
The question being "Shall SB 156 pass as amended?"
And the roll being called:
Yeas 24, Nays 41, Excused 4, Absent and Not Voting 1
Yeas were:
Brown (Richard); Clark; Cutler; Duenwald; Eccarius; Engbrecht; Fiegen; Fischer-Clemens;
Haley; Hanson; Juhnke; Kazmerzak; Konold; Koskan; Lucas; Putnam; Richter; Roe; Smidt;
Volesky; Waltman; Wilson; Wudel; Speaker Hunt
Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich
(Larry); Diedtrich (Elmer); Duniphan; Earley; Fryslie; Garnos; Hagen; Hennies; Jaspers;
Klaudt; Kooistra; Lintz; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald);
Nachtigal; Napoli; Patterson; Peterson; Pummel; Sebert; Slaughter; Solum; Sutton (Daniel);
Sutton (Duane); Wetz; Windhorst; Young
Excused were:
Fitzgerald; Koehn; Koetzle; Lockner
Absent and Not Voting were:
Weber
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Duenwald moved that the House do now reconsider the vote by which SB 243 was
lost.
Nays were:
Burg; Cerny; Clark; Crisp; Cutler; Eccarius; Fiegen; Hagen; Haley; Hanson; Jaspers; Koetzle;
Lucas; Michels; Patterson; Peterson; Richter; Volesky; Wilson
Excused were:
Fitzgerald; Koehn; Lockner
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SB 243 was up for reconsideration and final passage.
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 reconsideration and final passage.
The question being "Shall SB 243 pass as amended?"
And the roll being called:
Yeas 47, Nays 21, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Davis; Derby; Diedrich
(Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fischer-Clemens; Fryslie;
Garnos; Hennies; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Lintz; Lockner; McCoy;
McIntyre; McNenny; Michels; Nachtigal; Napoli; Patterson; Pummel; Putnam; Roe; Sebert;
Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Windhorst;
Wudel; Young
Nays were:
Burg; Cerny; Clark; Crisp; Cutler; Eccarius; Fiegen; Hagen; Haley; Hanson; Jaspers; Koetzle;
Koskan; Lucas; Monroe; Munson (Donald); Peterson; Richter; Slaughter; Wilson; Speaker Hunt
Rep. Waltman moved that the House do now reconsider the vote by which SB 191 was
lost.
The question being on Rep. Waltman's motion to reconsider the vote by which SB 191 was
lost.
And the roll being called:
Yeas 27, Nays 39, Excused 2, Absent and Not Voting 2
Yeas were:
Apa; Burg; Cerny; Chicoine; Cutler; Diedtrich (Elmer); Duenwald; Duniphan; Engbrecht;
Fischer-Clemens; Fryslie; Haley; Kazmerzak; Klaudt; Lucas; McIntyre; Munson (Donald);
Patterson; Putnam; Sebert; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel
Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Davis; Derby; Diedrich
(Larry); Earley; Eccarius; Fiegen; Garnos; Hagen; Hennies; Jaspers; Juhnke; Koetzle; Konold;
Kooistra; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Nachtigal; Napoli;
Peterson; Pummel; Richter; Slaughter; Solum; Sutton (Daniel); Wetz; Windhorst; Young;
Speaker Hunt
Excused were:
Fitzgerald; Koehn
Absent and Not Voting were:
Hanson; Roe
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
SB 186:
FOR AN ACT ENTITLED, An Act to
limit the liability of certain persons for year
2000 litigation.
Was read the second time.
The question being "Shall SB 186 pass as amended?"
And the roll being called:
Nays were:
Burg; Crisp; Cutler; Davis; Koetzle; Lockner; Lucas; Michels; Nachtigal; Waltman
Excused were:
Fitzgerald; 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.
There being no objection, the House reverted to Order of Business No. 4.
The Honorable Roger Hunt
Speaker of the House
State Capitol
Pierre, SD 57501-5070
Dear Speaker Hunt and Members of the House:
I herewith return HB 1230 with the following recommendations as to STYLE and FORM.
House Bill 1230 is An Act to provide for the recovery of damages for checks, drafts, or orders
not paid upon presentment.
On page 1, line 12 of the House Judiciary Engrossed bill, delete "of" and insert "that" in its
place.
It appears that two differing terms are used in House Bill 1230 to refer to the same action. On
page 2, Section 3 of the bill, the phrase "the time the check, draft, or order was made" is used
at lines 7, 14, and 16. On page 1, line 5 and line 12; page 3, line 5 and page 3, line 22 of the bill,
the term "issued" is used in a similar context instead of the term "made".
I respectfully request you concur with my recommendation as to style and form.
Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 P.M. on
Tuesday, March 2nd, the 35th legislative day.
Which motion prevailed.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1138, 1189, 1198,
1213, 1225, 1254, 1296, 1299, and 1301 were delivered to his Excellency, the Governor, for his
approval at 3:44 p.m., March 1, 1999.
Also MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1003, 1121, 1210, 1211, and 1221 and finds the same
correctly enrolled.
Rep. Konold moved that the House do now adjourn, which motion prevailed, and at
4:08 p.m. the House adjourned.