The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Jim Sumner, followed by the Pledge of
Allegiance led by House page Sandra Storer.
Roll Call: All members present except Reps. Burg and Solum who were excused.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1065 and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1052 and 1055 and returns the same with the recommendation that said bills do pass and be
placed on the Consent Calendar.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1042 which was deferred to the 36th legislative day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 40 and returns the same with the recommendation that said bill do pass
and be placed on the Consent Calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1062 which was deferred to the 36th legislative day.
The Committee on Taxation respectfully reports that it has had under consideration HB
1044 which was deferred to the 36th legislative day.
The Committee on Education respectfully reports that it has had under consideration HB
1015 and returns the same with the recommendation that said bill do pass.
The Committee on Education respectfully reports that it has had under consideration HB
1003 and 1014 which were deferred to the 36th legislative day.
MR. SPEAKER:
I have the honor to transmit herewith SB 8, 38, and 43 which have passed the Senate and
your favorable consideration is respectfully requested.
Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 21st, the 9th legislative day.
Which motion prevailed.
Yesterday, Rep. Lucas announced his intention to reconsider the vote by which HB 1021
was lost.
Rep. Lucas moved to reconsider the vote by which HB 1021 was lost.
The question being on Rep. Lucas' motion to reconsider the vote by which HB 1021 was
lost.
And the roll being called:
Nays were:
Broderick; Brooks; Brown (Jarvis); Clark; Crisp; Derby; Diedrich (Larry); Diedtrich (Elmer);
Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fryslie; Heineman; Hennies; Jaspers; Juhnke;
Klaudt; Konold; Koskan; McNenny; Michels; Napoli; Pummel; Putnam; Richter; Sebert;
Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt
Excused were:
Burg; Solum
Absent and Not Voting were:
Wilson
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
HB 1214
Introduced by:
Representatives Sebert, Burg, Fischer-Clemens, Lockner, and
Putnam and Senators Olson, Benson, and Duxbury
FOR AN ACT ENTITLED, An Act to
revise certain segments of the state trunk highway
system.
HB 1215
Introduced by:
Representatives Clark, Cutler, Derby, Earley, Engbrecht,
Fitzgerald, Michels, Sutton (Daniel), and Young and Senators Vitter, Ham, and Whiting
FOR AN ACT ENTITLED, An Act to
allow contracts or agreements between
governmental entities to be exempt from certain conflicts of interest.
Was read the first time and referred to the Committee on Local Government.
HB 1216
Introduced by:
Representative Wetz and Senators Brown (Arnold) and Kleven
FOR AN ACT ENTITLED, An Act to
revise certain provisions pertaining to easements
from isolated tracts of land to public highways.
Was read the first time and referred to the Committee on Judiciary.
HB 1217
Introduced by:
Representatives Koetzle, Burg, Chicoine, Davis, Fischer-Clemens,
Haley, Hanson, Kazmerzak, Lockner, Lucas, McIntyre, Nachtigal, Patterson, Sutton (Daniel),
Volesky, Waltman, and Wilson and Senators Dunn (Rebecca), Duxbury, Hutmacher, Kloucek,
and Reedy
FOR AN ACT ENTITLED, An Act to
establish certain wage requirements for the
recipients of REDI fund loans.
Was read the first time and referred to the Committee on State Affairs.
HB 1218
Introduced by:
Representatives Koetzle, Burg, Chicoine, Davis, Fischer-Clemens,
Haley, Kazmerzak, Lockner, Lucas, McIntyre, Nachtigal, Patterson, Sutton (Daniel), Volesky,
Waltman, and Wilson and Senators Kloucek, Dunn (Rebecca), Flowers, Hutmacher, and Reedy
FOR AN ACT ENTITLED, An Act to
establish certain benefit requirements for the
recipients of REDI fund loans.
Was read the first time and referred to the Committee on State Affairs.
HB 1219
Introduced by:
Representatives Koetzle, Burg, Cerny, Chicoine, Davis, Fischer-
Clemens, Haley, Hanson, Lockner, Lucas, McIntyre, Nachtigal, Patterson, Sutton (Daniel),
Volesky, Waltman, and Wilson and Senators Flowers, Dunn (Rebecca), Hutmacher, Kloucek,
and Reedy
FOR AN ACT ENTITLED, An Act to
provide for certain increases in the state minimum
wage.
HB 1220
Introduced by:
Representatives Kazmerzak, Burg, Chicoine, Volesky, and Weber
and Senators Kloucek, Flowers, and Moore
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding penalties for
vehicle weight restrictions.
Was read the first time and referred to the Committee on Transportation.
HB 1221
Introduced by:
Representatives Kazmerzak, Apa, Burg, Chicoine, Volesky, and
Weber and Senators Kloucek, Flowers, Hutmacher, and Moore
FOR AN ACT ENTITLED, An Act to
exempt the gross receipts from veterinarian
services, animal specialty services, livestock semen, certain transportation services, and certain
auctions from sales and use tax.
Was read the first time and referred to the Committee on Taxation.
HB 1222
Introduced by:
Representatives Richter, Brooks, Cerny, Wudel, and Young and
Senators Hainje, Moore, Reedy, and Vitter
FOR AN ACT ENTITLED, An Act to
revise the motor fuel tax distribution to the
Department of Game, Fish and Parks.
Was read the first time and referred to the Committee on Taxation.
HB 1223
Introduced by:
Representatives Sutton (Daniel), Clark, Crisp, Davis, Fischer-
Clemens, Haley, Hanson, Klaudt, Koehn, Kooistra, Lockner, Lucas, Nachtigal, Napoli,
Slaughter, and Weber and Senators Moore, Duxbury, and Lange
FOR AN ACT ENTITLED, An Act to
prohibit state agencies from erecting or purchasing
buildings without the approval of the interim appropriations committee.
Was read the first time and referred to the Committee on State Affairs.
HB 1224
Introduced by:
Representatives Diedtrich (Elmer), Hunt, Michels, Peterson, and
Wilson and Senators Rounds, Brown (Arnold), Lawler, Staggers, and Whiting
FOR AN ACT ENTITLED, An Act to
exempt certain church plans from certain insurance
provisions.
Was read the first time.
HJR 1003
Introduced by:
Representatives Waltman, Burg, Cerny, Chicoine, Crisp, Haley,
Hanson, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Nachtigal, and Weber and Senators
Dennert, Flowers, Hutmacher, Lange, Reedy, and Symens
A JOINT RESOLUTION,
Proposing and submitting to the electors at the next general
election a new section to Article XI of the Constitution of the State of South Dakota, imposing
an individual and corporate income tax; exempting food, utilities, residential heating fuel, and
certain intrastate transportation services from sales and use taxes; providing property tax relief
through the general fund and special education levy of a school district; and increasing state aid
to education.
Was read the first time.
The following bills have had their first reading and the Speaker assigned them to the
following committees:
HB 1166 was referred to the Committee on State Affairs.
HB 1167 was referred to the Committee on Judiciary.
HB 1168 was referred to the Committee on Transportation.
HB 1169 was referred to the Committee on Local Government.
HB 1170 was referred to the Committee on Local Government.
HB 1171 was referred to the Committee on State Affairs.
HB 1172 was referred to the Committee on Judiciary.
HB 1173 was referred to the Committee on State Affairs.
HB 1174 was referred to the Committee on Judiciary.
HB 1175 was referred to the Committee on State Affairs.
HB 1176 was referred to the Committee on State Affairs.
HB 1178 was referred to the Committee on State Affairs.
HB 1179 was referred to the Committee on Local Government.
HB 1180 was referred to the Committee on Taxation.
HB 1181 was referred to the Committee on State Affairs.
HB 1182 was referred to the Committee on State Affairs.
HB 1183 was referred to the Committee on Appropriations.
HB 1184 was referred to the Committee on Judiciary.
HB 1185 was referred to the Committee on Commerce.
HB 1186 was referred to the Committee on Judiciary.
HB 1187 was referred to the Committee on Judiciary.
HB 1188 was referred to the Committee on Commerce.
HB 1189 was referred to the Committee on Health and Human Services.
HB 1190 was referred to the Committee on Commerce.
HB 1191 was referred to the Committee on Local Government.
HB 1192 was referred to the Committee on Judiciary.
HB 1193 was referred to the Committee on Education.
HB 1194 was referred to the Committee on Judiciary.
HB 1195 was referred to the Committee on Judiciary.
HB 1196 was referred to the Committee on State Affairs.
HB 1197 was referred to the Committee on State Affairs.
HB 1198 was referred to the Committee on Commerce.
HB 1199 was referred to the Committee on Commerce.
HB 1200 was referred to the Committee on Education.
HB 1202 was referred to the Committee on Local Government.
HB 1203 was referred to the Committee on Transportation.
HB 1204 was referred to the Committee on Local Government.
HB 1205 was referred to the Committee on Local Government.
HB 1206 was referred to the Committee on Judiciary.
HB 1207 was referred to the Committee on Taxation.
HB 1208 was referred to the Committee on State Affairs.
HB 1209 was referred to the Committee on Taxation.
HB 1210 was referred to the Committee on Education.
HB 1211 was referred to the Committee on State Affairs.
HB 1212 was referred to the Committee on Judiciary.
HB 1213 was referred to the Committee on Judiciary.
HJR 1002 was referred to the Committee on Taxation.
HB 1025:
FOR AN ACT ENTITLED, An Act to
revise certain definitions relating to
migratory birds, waterfowl, and small game and require certain hunting permits and licenses
when hunting sandhill crane and snipe.
Was read the second time.
The question being "Shall HB 1025 pass?"
And the roll being called:
Nays were:
Napoli
Excused were:
Burg; Solum
Absent and Not Voting were:
Koehn; Koetzle; Wilson
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
HB 1034:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
renewal licenses for advanced practice nurses.
Was read the second time.
The question being "Shall HB 1034 pass?"
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); 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; Heineman; 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; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz;
Wudel; Young; Speaker Hunt
Excused were:
Burg; Solum
HB 1041:
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to
licensure of health care facilities and lodging and food service establishments.
Was read the second time.
The question being "Shall HB 1041 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); 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; Heineman; 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; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz;
Wilson; Wudel; Young; Speaker Hunt
Excused were:
Burg; Solum
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.
HB 1035:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding health
insurance on a franchise plan and to allow for discounts.
Was read the second time.
The question being "Shall HB 1035 pass as amended?"
And the roll being called:
Excused were:
Burg; Solum
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.
HB 1031:
FOR AN ACT ENTITLED, An Act to
allow certain driver education courses
from other states to be used to meet the requirements for a restricted minor's permit.
Was read the second time.
The question being "Shall HB 1031 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); 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; Heineman; 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; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz;
Wilson; Wudel; Young; Speaker Hunt
Excused were:
Burg; Solum
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.
"
Section 29. That
§
32-7A-11
be amended to read as follows:
32-7A-11.
New and used mobile homes and manufactured homes owned by a dealer may
be transported upon the streets and highways to the dealer's place of business and to the
purchaser of such a home and between a dealer's place of business and a supplemental lot or a
temporary supplemental lot. Any
transport of a
mobile home or manufactured home
purchased
or transported
by
or for
a dealer shall be accompanied with a
permit
notification form
stating
the point of origin
and the point of destination
. The dealer shall provide a copy of the
permit
notification form
to the director of equalization in the county of origin
and to the director of
equalization in the county of destination
.
"
The question being "Shall HB 1004 pass as amended?"
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); Cerny; Chicoine; Clark; Cutler;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Heineman; 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; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Wudel; Young; Speaker Hunt
Excused were:
Burg; Solum
Absent and Not Voting were:
Crisp
Pursuant to the report of the Joint-Select Committee as found on page 42 of the House
Journal, the House of Representatives and the Senate met in informal joint session in the House
Chamber for the purpose of having a memorial service for deceased former members and
reading the following Joint Memorial Resolution:
WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives
of ten former members of the South Dakota Legislature, namely: the Honorable Ellis Y. Berry,
the Honorable Hobart H. "Hobie" Gates, the Honorable Bill Hustead, the Honorable William
E. "Bill" Johnson, the Honorable Loyd Knudson, the Honorable Arlo Leddy, the Honorable
George Freeman Mortimer, the Honorable Gene M. Robbennolt, the Honorable George L.
Scully, and the Honorable Donn Wright; and
WHEREAS, in the lives of all these eminent public servants there was noted a profound
urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but
with a consciousness that here in a land of freedom the dignity of the individual is supreme, that
justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-
government of a people be preserved; and
WHEREAS, it is fitting that we humbly honor the memory of those who have thus
contributed to the orderly process of government under the Constitution:
NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of
Representatives of the Seventy-fifth Session of the Legislature of the State of South Dakota duly
convened in recess session in recognition of the useful lives and unfailing devotion to the
interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity
to the highest principles of American citizenship by these honorable people, that the Senate and
the House of Representatives do now pause in their labors out of respect for the memory of their
late fellow associates in the functions of government, and note that in their passing, the state
they have served so well has suffered a distinct loss, and though their labors have ceased and
they have been laid to rest, the people of this great state have benefited greatly from the services
rendered by them and they have left upon the sands of time an inspiring record of devotion to
their fellow citizens under the guiding hand of Almighty God; and
BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the
Senate and the House of Representatives of the Seventy-fifth Session of the Legislature of the
State of South Dakota, now assembled this 20th day of January, 2000, at Pierre, South Dakota.
The question being "Shall HB 1024 pass as amended?"
And the roll being called:
Yeas 45, Nays 17, Excused 3, Absent and Not Voting 5
Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Diedtrich
(Elmer); Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen;
Hanson; Heineman; Hennies; Juhnke; Kazmerzak; Klaudt; Kooistra; Lintz; Lockner; Lucas;
McCoy; McIntyre; Michels; Nachtigal; Patterson; Pummel; Roe; Sebert; Slaughter; Smidt;
Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young
Nays were:
Apa; Crisp; Derby; Diedrich (Larry); Duniphan; Eccarius; Jaspers; Konold; Koskan; McNenny;
Monroe; Munson (Donald); Napoli; Peterson; Putnam; Richter; Speaker Hunt
Excused were:
Burg; Duenwald; Solum
Absent and Not Voting were:
Cutler; Davis; Haley; Koehn; 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.
The question being "Shall HB 1027 pass?"
And the roll being called:
Yeas 64, Nays 0, Excused 3, Absent and Not Voting 3
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Clark; Crisp;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies;
Jaspers; Juhnke; Kazmerzak; Klaudt; 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; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Excused were:
Burg; Duenwald; Solum
Absent and Not Voting were:
Cutler; Davis; Koehn
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.
HB 1032:
FOR AN ACT ENTITLED, An Act to
revise the requirements for health carriers
engaging in certain types of managed care activities and to consolidate managed care statutes.
Was read the second time.
The question being "Shall HB 1032 pass?"
And the roll being called:
Excused were:
Burg; Duenwald; Solum
Absent and Not Voting were:
Cutler
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 8:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the
establishment of a separate market value for land in an identifiable region.
Was read the first time and referred to the Committee on Taxation.
SB 38:
FOR AN ACT ENTITLED, An Act to
repeal the requirement that the Department
of Human Services establish a training program for interpreters for the deaf.
Was read the first time and referred to the Committee on Health and Human Services.
SB 43:
FOR AN ACT ENTITLED, An Act to
schedule certain controlled substances and
to declare an emergency.
Was read the first time and referred to the Committee on Health and Human Services.
Rep. Jaspers moved that the House do now adjourn, which motion prevailed, and at 3:58
p.m. the House adjourned.