The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Dave Zellmer, followed by the Pledge of
Allegiance led by House page Sonja Voegele.
Roll Call: All members present except Rep. Smidt who was excused.
Rep. Richard Brown
introduced the 1998-1999 Outstanding School Administrators of
South Dakota: Dr. Tim Creal, New Underwood; Virgil Binfet, Retired, Mobridge; Luther
Schumacher, Aberdeen; Dennis Germann, Madison; Dan Elwood, Pierre; and Rick Klawiter,
Tyndall.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1308 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
1113, 1277, and 1278 and returns the same with the recommendation that said bills do pass and
be placed on the Consent Calendar.
"
Section 1. Any person who has suffered physical injury as a result of an assault or a crime
of violence as defined in subdivision 22-1-2(9) may petition the court for a protection order. The
petition shall be accompanied by an affidavit made under oath stating the specific facts and
circumstances of the injury and the acts which caused the injury. The petition shall be governed
by the procedures and penalties described in
§
§
22-19A-9 to 22-19A-16, inclusive.
"
The Committee on Judiciary respectfully reports that it has had under consideration HB
1270 and 1303 which were deferred to the 36th legislative day.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1211 and returns the same with the recommendation that said bill do pass.
" Section 1. The director of insurance shall promulgate rules pursuant to chapter 1-26, to protect the privacy of personally identifiable health care and medical information, data, and records. The rules shall cover health care and medical information, data, and records collected, used, or disclosed by any person licensed or registered under Title 58 or any person with whom such licensees or registrants contract, and shall include all health care and medical information,
data, and records received by or in the possession of the Division of Insurance. The rules may
include the following:
The Committee on State Affairs respectfully reports that it has had under consideration HB
1248 which was deferred to the 36th legislative day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1203 and returns the same with the recommendation that said bill do pass.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1130 which was deferred to the 36th legislative day.
MR. SPEAKER:
I have the honor to transmit herewith SB 47, 122, 140, 171, 174, and 190 which have
passed the Senate and your favorable consideration is respectfully requested.
Yesterday, Rep. Fischer-Clemens announced her intention to reconsider the vote by which
HB 1190 was lost.
Rep. Fischer-Clemens moved to reconsider the vote by which HB 1190 was lost.
The question being on Rep. Fischer-Clemens' motion to reconsider the vote by which HB
1190 was lost.
And the roll being called:
Nays were:
Broderick; Clark; Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos;
Heineman; Hennies; Jaspers; Juhnke; Klaudt; Koskan; Michels; Napoli; Richter; Slaughter;
Sutton (Duane); Wetz; Young; Speaker Hunt
Excused were:
Diedrich (Larry); Smidt
Absent and Not Voting were:
McNenny
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and HB 1190 was up for reconsideration and final passage.
Rep. Fischer-Clemens moved that HB 1190 be placed to follow HB 1179 on today's
calendar.
Which motion prevailed and the bill was so placed.
Which motion prevailed and the reports were adopted.
Rep. Roe moved that the word "not" be stricken from the report of the Committee on
Agriculture and Natural Resources on HCR 1009 as found on page 339 of the House Journal
and that HCR 1009 be placed on the calendar for Thursday, February 3rd, the 18th legislative
day.
The question being on Rep. Roe's motion that the word "not" be stricken from the report
of the Committee on Agriculture and Natural Resources on HCR 1009 as found on page 339
of the House Journal and that HCR 1009 be placed on the calendar for Thursday, February 3rd,
the 18th legislative day.
And the roll being called:
Yeas 52, Nays 16, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp;
Cutler; Davis; Derby; Diedtrich (Elmer); Eccarius; Engbrecht; Fiegen; Fischer-Clemens;
Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Lucas; McCoy; McIntyre; Michels; Monroe;
Nachtigal; Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Slaughter; Sutton (Daniel); Sutton
(Duane); Volesky; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Clark; Duenwald; Duniphan; Earley; Koehn; Koskan; Lintz; Lockner; McNenny; Munson
(Donald); Patterson; Richter; Solum; Waltman; Weber; Wetz
HB 1140:
FOR AN ACT ENTITLED, An Act to
establish a uniform fee for the redemption
of a tax sale.
Was read the second time.
The question being "Shall HB 1140 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; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson;
Wudel; Young; Speaker Hunt
Excused were:
Diedrich (Larry); Smidt
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed.
The question being on the title.
Rep. Michels moved that the title to HB 1140 be amended as follows:
HB 1108:
FOR AN ACT ENTITLED, An Act to
revise certain planning and zoning
provisions.
Having had its second reading was up for consideration and final passage.
Rep. Peterson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1108 pass as amended?"
And the roll being called:
Yeas 47, Nays 21, Excused 1, Absent and Not Voting 1
Yeas were:
Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-
Clemens; Fryslie; Garnos; Haley; Heineman; Hennies; Kazmerzak; Koetzle; Konold; Kooistra;
Lintz; Lockner; Lucas; McCoy; McIntyre; Munson (Donald); Nachtigal; Patterson; Peterson;
Pummel; Richter; Sebert; Slaughter; Solum; Sutton (Daniel); Volesky; Waltman; Wilson;
Wudel; Speaker Hunt
Nays were:
Apa; Broderick; Cutler; Duenwald; Fitzgerald; Hagen; Jaspers; Juhnke; Klaudt; Koehn; Koskan;
McNenny; Michels; Monroe; Napoli; Putnam; Roe; Sutton (Duane); Weber; Wetz; Young
Excused were:
Smidt
Rep. Roe now presiding.
HB 1241:
FOR AN ACT ENTITLED, An Act to
authorize the establishment of voucher
schools and the issuance of nonsectarian vouchers to pay a portion of the costs associated with
certain transfer students.
Was read the second time.
The question being "Shall HB 1241 pass as amended?"
And the roll being called:
Yeas 25, Nays 44, Excused 1, Absent and Not Voting 0
Yeas were:
Apa; Cerny; Chicoine; Cutler; Duenwald; Duniphan; Earley; Eccarius; Heineman; Hennies;
Jaspers; Juhnke; Koehn; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Peterson; Putnam;
Weber; Wudel; Young; Speaker Hunt
Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Clark; Crisp; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie;
Garnos; Hagen; Haley; Hanson; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Lockner;
Lucas; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Pummel; Richter; Roe;
Sebert; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson
Excused were:
Smidt
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Cutler moved that HB 1265, 1290, 1116, 1109, 1196, 1239, 1272, 1069, 1075, 1207,
1126, 1179, and 1190 be deferred until Thursday, February 3rd, the 18th legislative day.
Which motion prevailed and the bills were so deferred.
SB 47:
FOR AN ACT ENTITLED, An Act to
provide special assessment authority to
ambulance districts.
Was read the first time.
SB 122:
FOR AN ACT ENTITLED, An Act to
allow the Department of Revenue to
suspend a motor vehicle license, title, or registration if the check used to pay for the motor
vehicle's fees is dishonored, to require the department to issue credit to the county treasurer, and
to revise the fee that political subdivisions may charge for dishonored checks.
Was read the first time.
SB 140:
FOR AN ACT ENTITLED, An Act to
increase certain liquidated court costs for
indigent defense.
Was read the first time.
SB 171:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding
consumer installment sales contracts.
Was read the first time.
SB 174:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the
administration of trusts and estates.
Was read the first time.
SB 190:
FOR AN ACT ENTITLED, An Act to
allow the electronic storage of public
records.
Was read the first time.
Rep. Cutler moved that SB 21 be deferred until Thursday, February 3rd, the 18th
legislative day.
Which motion prevailed and the bill was so deferred.
Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Thursday, February 3rd, the 18th legislative day.
Which motion prevailed.
Rep. Daniel Sutton moved that the House do now adjourn, which motion prevailed, and
at 4:56 p.m. the House adjourned.