The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by House page Chandra Voeltz.
Roll Call: All members present except Reps. Crisp and Solum who were excused.
The Committee on State Affairs respectfully reports that it has had under consideration HB
1110, 1171, and 1229 and returns the same with the recommendation that said bills do pass.
MR. SPEAKER:
I have the honor to transmit herewith SB 18, 29, 69, 157, and 167 which have passed the
Senate and your favorable consideration is respectfully requested.
Also MR. SPEAKER:
I have the honor to transmit herewith SCR 3 which has been adopted by the Senate and
your concurrence is respectfully requested.
I have the honor to return herewith HB 1086 which has been amended by the Senate and
your concurrence in the amendments is respectfully requested.
Rep. Wilson requested that he be allowed to return to Order of Business No. 8 later today
to reconsider the vote by which HB 1196 was lost.
Which request was granted.
SCR 3:
A CONCURRENT RESOLUTION,
Recognizing the Family and Consumer
Sciences Departments and their role in parenting and human development education.
Was read the first time and referred to the Committee on Education.
Rep. Volesky moved that the Committee on Commerce be instructed to deliver HB 1089
to the floor of the House, pursuant to Joint Rule 7-7.
A roll call vote was requested and supported.
The question being on Rep. Volesky's motion that the Committee on Commerce be
instructed to deliver HB 1089 to the floor of the House, pursuant to Joint Rule 7-7.
And the roll being called:
Yeas 23, Nays 41, Excused 5, Absent and Not Voting 1
Yeas were:
Broderick; Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Fitzgerald; Haley; Hanson;
Kazmerzak; Koehn; Koetzle; Lockner; Lucas; McIntyre; Munson (Donald); Patterson; Peterson;
Sutton (Daniel); Volesky; Waltman; Weber; Wilson
Nays were:
Apa; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer);
Duenwald; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos; Heineman; Hennies; Jaspers;
Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe;
Napoli; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz;
Wudel; Young; Speaker Hunt
Absent and Not Voting were:
Duniphan
So the motion not having received an affirmative vote of a one-third majority of the
members-elect, the Speaker declared the motion lost.
Which motion prevailed and the reports were adopted.
Speaker Pro tempore Eccarius now presiding.
Rep. Hunt moved that HB 1172 be placed on the calendar of Tuesday, February 8th, the
21st legislative day.
The question being on Rep. Hunt's motion that HB 1172 be placed on the calendar of
Tuesday, February 8th, the 21st legislative day.
And the roll being called:
Yeas 33, Nays 30, Excused 6, Absent and Not Voting 1
Yeas were:
Broderick; Brooks; Cerny; Derby; Diedtrich (Elmer); Duenwald; Eccarius; Fiegen; Fitzgerald;
Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koskan; McCoy; McIntyre;
Michels; Monroe; Munson (Donald); Napoli; Pummel; Putnam; Slaughter; Smidt; Sutton
(Daniel); Sutton (Duane); Weber; Wetz; Young; Speaker Hunt
Excused were:
Brown (Jarvis); Crisp; Engbrecht; Hagen; Nachtigal; Solum
Absent and Not Voting were:
Koehn
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
HB 1279:
FOR AN ACT ENTITLED, An Act to
provide penalties for certain violations
of cremation laws.
Was read the second time.
The question being "Shall HB 1279 pass?"
And the roll being called:
Yeas 64, Nays 1, Excused 5, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers;
Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Napoli
Excused were:
Brown (Jarvis); Crisp; Hagen; Nachtigal; 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.
The question being "Shall HB 1280 pass?"
And the roll being called:
Yeas 64, Nays 1, Excused 5, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers;
Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Napoli
Excused were:
Brown (Jarvis); Crisp; Hagen; Nachtigal; 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 1063:
FOR AN ACT ENTITLED, An Act to
establish the crime of second degree
vehicular battery and to provide penalties therefor.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1063 pass?"
And the roll being called:
Nays were:
Burg; Cutler; Diedrich (Larry); Duenwald; Hanson; Heineman; Jaspers; Kazmerzak; Koetzle;
McNenny; Munson (Donald); Napoli; Volesky; Wilson
Excused were:
Brown (Jarvis); Crisp; Hagen; Nachtigal; Solum; Wudel
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 1290:
FOR AN ACT ENTITLED, An Act to
provide for certain members of the
Executive Board of the Legislative Research Council.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1290 pass as amended?"
And the roll being called:
Nays were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Davis; Derby; Diedrich
(Larry); Diedtrich (Elmer); Duniphan; Earley; Engbrecht; Fischer-Clemens; Hagen; Haley;
Hanson; Kazmerzak; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre;
McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Putnam; Richter;
Roe; Slaughter; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel;
Young
Excused were:
Brown (Jarvis); Crisp; Solum
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1109:
FOR AN ACT ENTITLED, An Act to
provide for an interagency team review
and a written finding that placement in a Department of Corrections facility is the least
restrictive placement commensurate with the best interests of the child.
Having had its second reading was up for consideration and final passage.
The question being on Rep. Wilson's pending motion to amend HB 1109 as found on pages
396 to 401 of the House Journal.
Rep. Wilson moved that the pending amendment, 1109rb, to HB 1109 be amended as
follows:
On page 397 of the House Journal, delete lines 26 to 28, inclusive.
Which motion lost.
A roll call vote was requested and supported.
The question being on Rep. Wilson's pending motion to amend HB 1109 as found on pages
396 to 401 of the House Journal.
And the roll being called:
Nays were:
Apa; Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich
(Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie;
Garnos; Heineman; Hennies; Jaspers; Juhnke; Klaudt; Konold; Kooistra; Koskan; Lintz;
McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam;
Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt
Excused were:
Brown (Jarvis); Crisp; Nachtigal; Solum
So the motion not having received an affirmative vote of a majority of the members
present, the Speaker declared the motion lost.
Rep. Peterson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1109 pass?"
And the roll being called:
Yeas 55, Nays 12, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius;
Engbrecht; Fiegen; Fryslie; Garnos; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak;
Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe;
Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt;
Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Davis; Fischer-Clemens; Fitzgerald; Hagen; Haley; Koetzle; Lockner; Lucas; McIntyre;
Patterson; Sutton (Daniel); Waltman
Excused were:
Crisp; Nachtigal; Solum
HB 1293:
FOR AN ACT ENTITLED, An Act to
revise the procedure to determine if real
estate taxes have been paid before the date due.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1293 pass as amended?"
And the roll being called:
Yeas 58, Nays 8, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Cutler; Davis; Derby;
Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen;
Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Heineman; Hennies; Jaspers;
Kazmerzak; Klaudt; Koehn; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre;
McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam;
Richter; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz;
Wilson; Wudel; Young
Nays were:
Brooks; Cerny; Hanson; Juhnke; Konold; Roe; Sebert; Speaker Hunt
Excused were:
Crisp; Koetzle; Nachtigal; 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.
Speaker Hunt now presiding.
HB 1133:
FOR AN ACT ENTITLED, An Act to
provide insurance coverage for off-label
uses of prescription drugs used for the treatment of cancer or life threatening conditions.
Was read the second time.
Speaker Pro tempore Eccarius now presiding.
The question being "Shall HB 1133 pass as amended?"
Nays were:
Apa; Fiegen; Koskan; Monroe; Napoli; Pummel; Wetz
Excused were:
Crisp; Koetzle; Nachtigal; Solum
Absent and Not Voting were:
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.
HB 1154:
FOR AN ACT ENTITLED, An Act to
provide for the provisional licensure of
psychologists during the one-year supervised postdoctoral psychological experience.
Was read the second time.
The question being "Shall HB 1154 pass as amended?"
And the roll being called:
Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler;
Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht;
Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman;
Hennies; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner;
Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Volesky; Weber; Wetz; Wudel; Young; Speaker Hunt
Nays were:
Duenwald; Jaspers; McCoy; Waltman; Wilson
HB 1185:
FOR AN ACT ENTITLED, An Act to
allow the offer of an individual health
benefit plan without certain mandates.
Was read the second time.
Rep. Fiegen moved that HB 1185 be deferred until Tuesday, February 8th, the 21st
legislative day.
Which motion prevailed and the bill was so deferred.
HB 1253:
FOR AN ACT ENTITLED, An Act to
allow the creditor to require property
insurance on the collateral securing installment sales contracts and to allow charges for amounts
related to the discharge of certain interests on property traded in.
Was read the second time.
The question being "Shall HB 1253 pass as amended?"
And the roll being called:
Yeas 24, Nays 43, Excused 2, Absent and Not Voting 1
Yeas were:
Broderick; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedtrich (Elmer); Earley;
Fiegen; Fryslie; Juhnke; Konold; Lintz; Michels; Munson (Donald); Peterson; Pummel;
Putnam; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young
Nays were:
Apa; Brooks; Burg; Cerny; Chicoine; Davis; Diedrich (Larry); Duenwald; Duniphan; Eccarius;
Engbrecht; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Heineman; Hennies;
Jaspers; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lockner; Lucas; McCoy;
McIntyre; McNenny; Monroe; Nachtigal; Napoli; Patterson; Roe; Sutton (Daniel); Volesky;
Waltman; Weber; Wetz; Wilson; Speaker Hunt
Excused were:
Crisp; Solum
Absent and Not Voting were:
Richter
There being no objection, the House reverted to Order of Business No. 5.
The Committee on Judiciary respectfully reports that it has had under consideration SB 61
and 62 and returns the same with the recommendation that said bills do pass.
"
Section
1.
The annual increase in benefit allowance provided by
§
62-4-7 also applies to
any total disability occurring before July 1, 1989. The annual increase in benefit allowance for
such a total disability applies prospectively from July 1, 2000.
The Committee on Judiciary respectfully reports that it has had under consideration HB
1254 and SB 60 and 95 which were deferred to the 36th legislative day.
The Committee on Transportation respectfully reports that it has had under consideration
HB 1296 and returns the same with the recommendation that said bill do pass.
"
Section 1. That
§
31-4-245
be amended to read as follows:
31-4-245.
The state trunk highway system includes the following in Lawrence County:
"
Section 1. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That
§
32-22-54
be repealed.
32-22-54.
Upon a fourth or subsequent conviction of any person for operating a motor
vehicle in violation of the provisions of
§
§
32-22-2 to 32-22-33, inclusive, the court in which
such conviction is obtained may, as a part of the judgment, cancel and require the surrender of
the license plates of the vehicle involved, which plates shall be transmitted to the Department
of Commerce and Regulation, together with a copy of the judgment; and license plates may not
be issued for such vehicle before the expiration of one year from the date of the judgment.
"
"
Section 1. The performance of an abortion may not be delegated to any person not licensed
under chapter 36-4 and may not be part of a practice or collaborative agreement with a person
not licensed under chapter 36-4.
"
The Committee on Health and Human Services respectfully reports that it has had under
consideration HCR 1011 and returns the same with the recommendation that said resolution be
adopted.
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1252 which was deferred to the 36th legislative day.
There being no objection, the House proceeded to Order of Business No. 8.
Nays were:
Apa; Brooks; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Garnos; Hennies;
Jaspers; Juhnke; Klaudt; Koskan; Lintz; McCoy; McNenny; Monroe; Napoli; Peterson;
Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel; Young;
Speaker Hunt
Excused were:
Crisp; Solum
Absent and Not Voting were:
Konold
HB 1196:
FOR AN ACT ENTITLED, An Act to
exempt certain mentally retarded persons
from the death penalty and to provide for a determination of mental retardation in such cases.
Having had its second reading was up for reconsideration and final passage.
Speaker Hunt now presiding.
Rep. Peterson moved the previous question.
Which motion prevailed.
The question being "Shall HB 1196 pass as amended?"
And the roll being called:
Yeas 35, Nays 33, Excused 2, Absent and Not Voting 0
Yeas were:
Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Cutler; Davis; Derby; Diedtrich
(Elmer); Engbrecht; Fiegen; Fischer-Clemens; Hagen; Haley; Hanson; Heineman; Kazmerzak;
Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald); Nachtigal;
Patterson; Richter; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson
Nays were:
Apa; Brooks; Brown (Jarvis); Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius;
Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Konold; Koskan; Lintz; McCoy;
McNenny; Monroe; Napoli; Peterson; Pummel; Putnam; Sebert; Slaughter; Smidt; Sutton
(Duane); Wetz; Wudel; Young; Speaker Hunt
Excused were:
Crisp; Solum
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
The question being "Shall HB 1308 pass?"
And the roll being called:
Yeas 64, Nays 2, Excused 4, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark;
Cutler; Davis; Derby; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman;
Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz;
Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal;
Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel);
Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Nays were:
Klaudt; Napoli
Excused were:
Crisp; Diedrich (Larry); Monroe; 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 1211:
FOR AN ACT ENTITLED, An Act to
revise the date at which certain
telecommunications companies may begin certain promotions for local exchange service.
Was read the second time.
The question being "Shall HB 1211 pass?"
And the roll being called:
Yeas 59, Nays 7, Excused 4, Absent and Not Voting 0
Yeas were:
Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Cutler; Davis; Derby; Diedtrich
(Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens;
Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke;
Kazmerzak; Koehn; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre;
McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel;
Putnam; Richter; Roe; Sebert; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman;
Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt
Excused were:
Brooks; Crisp; Diedrich (Larry); 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 1203:
FOR AN ACT ENTITLED, An Act to
revise certain notice requirements for
accidents involving only damage to the motor vehicle of the driver.
Was read the second time.
The question being "Shall HB 1203 pass?"
And the roll being called:
Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0
Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; 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; Smidt; Sutton
(Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker
Hunt
Nays were:
Apa
Excused were:
Crisp; Diedrich (Larry); 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 1317:
FOR AN ACT ENTITLED, An Act to
provide additional child safety
requirements for children in passenger vehicles.
Was read the second time.
Rep. Cerny moved the previous question.
Nays were:
Apa; Burg; Cerny; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Fitzgerald;
Garnos; Hagen; Haley; Hanson; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan;
Lintz; Lockner; McNenny; Monroe; Nachtigal; Napoli; Patterson; Pummel; Putnam; Slaughter;
Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt
Excused were:
Crisp; Solum
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Fiegen announced her intention to reconsider the vote by which HB 1317 was lost.
Speaker Pro tempore Eccarius now presiding.
HB 1194:
FOR AN ACT ENTITLED, An Act to
provide for the issuance of a protection
order in the case of certain crimes of violence or assaults.
Was read the second time.
The question being "Shall HB 1194 pass as amended?"
And the roll being called:
Nays were:
Duenwald
Excused were:
Crisp; McNenny; Solum
Absent and Not Voting were:
Hennies
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 1175:
FOR AN ACT ENTITLED, An Act to
authorize the Division of Insurance to
promulgate rules regarding the privacy of medical records.
Was read the second time.
The question being "Shall HB 1175 pass as amended?"
And the roll being called:
Yeas 56, Nays 9, Excused 5, Absent and Not Voting 0
Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; Davis;
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht;
Fiegen; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke;
Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre;
Michels; Monroe; Munson (Donald); Nachtigal; Peterson; Pummel; Putnam; Richter; Roe;
Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Waltman; Weber; Wetz; Young;
Speaker Hunt
Nays were:
Burg; Fischer-Clemens; Hagen; Koetzle; Lockner; Napoli; Patterson; Volesky; Wilson
HB 1178:
FOR AN ACT ENTITLED, An Act to
permit counties or municipalities to
impose a special assessment for services that are provided to certain exempt property.
Was read the second time.
Pursuant to Joint Rule 5-9, Rep. Roe requested a division of the question.
The Speaker ruled a division was in order.
The first portion of the Napoli amendment reads as follows:
The question being "Shall HB 1178 pass as amended?"
And the roll being called:
Yeas 27, Nays 40, Excused 3, Absent and Not Voting 0
Yeas were:
Apa; Cerny; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan;
Eccarius; Fitzgerald; Fryslie; Hennies; Jaspers; Juhnke; Klaudt; Koskan; Lintz; McCoy;
McNenny; Monroe; Napoli; Pummel; Roe; Smidt; Sutton (Duane); Wetz; Young
Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Davis; Earley;
Engbrecht; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Heineman; Kazmerzak;
Koehn; Koetzle; Konold; Kooistra; Lockner; Lucas; McIntyre; Michels; Munson (Donald);
Nachtigal; Patterson; Peterson; Putnam; Richter; Sebert; Slaughter; Sutton (Daniel); Volesky;
Waltman; Weber; Wilson; Speaker Hunt
Excused were:
Crisp; Solum; Wudel
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1006:
FOR AN ACT ENTITLED, An Act to
appropriate money for a pilot study
concerning the use of agricultural income value as a means to value agricultural land and to
declare an emergency.
Was read the second time.
Rep. Chicoine moved that HB 1006 be placed to follow HB 1005 on today's calendar.
Which motion prevailed and HB 1006 was so placed.
HB 1212:
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding dealer
franchises to include motorcycles, all-terrain vehicles, and snowmobiles.
Was read the second time.
Nays were:
Koetzle
Excused were:
Crisp; Solum; Wudel
Absent and Not Voting were:
Roe
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 1305:
FOR AN ACT ENTITLED, An Act to
allow for insurance against legal liability
for exemplary or punitive damages.
Was read the second time.
The question being "Shall HB 1305 pass?"
And the roll being called:
Yeas 17, Nays 47, Excused 4, Absent and Not Voting 2
Yeas were:
Brown (Jarvis); Cerny; Duenwald; Fitzgerald; Fryslie; Hanson; Kazmerzak; Koehn; Kooistra;
McCoy; McNenny; Michels; Monroe; Napoli; Pummel; Volesky; Wetz
Excused were:
Crisp; Koetzle; Solum; Wudel
Absent and Not Voting were:
Klaudt; Lintz
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
HB 1236:
FOR AN ACT ENTITLED, An Act to
establish the South Dakota teacher
incentive student loan repayment program and to make an appropriation therefor.
Having had its second reading was up for reconsideration and final passage.
Rep. Richard Brown moved that HB 1236 be deferred until Wednesday, February 9th, the
22nd legislative day.
Which motion prevailed and the bill was so deferred.
HB 1069:
FOR AN ACT ENTITLED, An Act to
exempt certain transportation services
from sales and use tax.
Having had its second reading was up for consideration and final passage.
Speaker Hunt now presiding.
The question being "Shall HB 1069 pass?"
And the roll being called:
Nays were:
Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Duniphan; Earley;
Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Heineman; Hennies; Jaspers; Konold;
Koskan; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe;
Smidt; Wetz; Wilson; Wudel; Young; Speaker Hunt
Excused were:
Crisp; Solum
So the bill not having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill lost.
Rep. Apa announced his intention to reconsider the vote by which HB 1069 was lost.
HB 1075:
FOR AN ACT ENTITLED, An Act to
revise the exemptions for inheritance
taxes.
Was read the second time.
The question being "Shall HB 1075 pass?"
And the roll being called:
Yeas 29, Nays 39, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Brown (Jarvis); Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Fryslie; Hagen; Haley;
Hanson; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McIntyre;
Munson (Donald); Nachtigal; Napoli; Patterson; Volesky; Waltman; Weber; Wetz; Wilson
Nays were:
Broderick; Brooks; Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer);
Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Garnos; Heineman;
Hennies; Jaspers; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Peterson;
Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane);
Wudel; Young; Speaker Hunt
HB 1207:
FOR AN ACT ENTITLED, An Act to
revise the definition of true and full value
in money that is used for inheritance tax purposes.
Was read the second time.
The question being "Shall HB 1207 pass?"
And the roll being called:
Yeas 44, Nays 24, Excused 2, Absent and Not Voting 0
Yeas were:
Brown (Jarvis); Burg; Cerny; Chicoine; Clark; Davis; Derby; Diedrich (Larry); Diedtrich
(Elmer); Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson;
Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas;
McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson;
Pummel; Putnam; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wudel
Nays were:
Apa; Broderick; Brooks; Brown (Richard); Cutler; Duenwald; Duniphan; Earley; Eccarius;
Fiegen; Heineman; Hennies; Konold; Michels; Peterson; Richter; Roe; Sebert; Slaughter;
Smidt; Wetz; Wilson; Young; Speaker Hunt
Excused were:
Crisp; 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 1179:
FOR AN ACT ENTITLED, An Act to
revise the rate of interest on property tax
certificates and delinquent taxes.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1179 pass?"
And the roll being called:
Nays were:
Nachtigal
Excused were:
Crisp; 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 1260:
FOR AN ACT ENTITLED, An Act to
increase the authorized number of
nonresident waterfowl hunting licenses.
Was read the second time.
Rep. Weber moved that HB 1260 be placed to follow HB 1163 on today's calendar.
Rep. Richter moved the previous question.
Which motion prevailed.
The question being on Rep. Weber's motion that HB 1260 be placed to follow HB 1163
on today's calendar.
Which motion lost.
41-6-10.
Licenses, permits, and stamps issued under this title are classified as follows:
Section
3.
That
§
41-6-18.1
be amended to read as follows:
41-6-18.1.
It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory
waterfowl without a special nonresident waterfowl license
, a fall three-day temporary
nonresident waterfowl license,
or a spring five-day snow goose temporary nonresident
waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or
in violation of the conditions of the licenses or the rules of the Game, Fish and Parks
Commission.
Section
4.
That
§
41-6-18.2
be amended to read as follows:
41-6-18.2.
If the game, fish and parks commission deems it advisable to limit the number
of special nonresident waterfowl licenses issued for the hunting, taking, or killing of waterfowl
during any season, the commission may by rules adopted pursuant to
§
41-2-18 divide the state
into two or more units, and establish limitations as to the number of such licenses to be issued
and the frequency with which any person may apply for such license.
If the applications
for
special nonresident waterfowl licenses
exceed the number of licenses available, selection shall
be made by lottery
in accordance with rules promulgated by the Game, Fish and Parks
Commission. The commission shall promulgate rules pursuant to chapter 1-26 and
§
41-2-18
governing the issuance and use of special nonresident waterfowl licenses. The rules shall
include:
41-6-18.4.
The Game, Fish and Parks Commission may promulgate rules in accordance with
chapter 1-26 to authorize the department to issue
up to two thousand fall three-day temporary
nonresident waterfowl licenses and
a number of spring five-day snow goose temporary
nonresident waterfowl licenses to be determined by the department, and to establish the fee
therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which
hunting is permitted.
The fall three-day temporary nonresident waterfowl licenses are valid only
on private property, but are not valid on private property leased by the department for public
hunting or on highways or other public rights-of-way within this state that otherwise meet the
requirements of
§
41-9-1.3. Revenue from the sale of fall three-day temporary nonresident
waterfowl licenses shall be deposited in the department's land acquisition and development fund
to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for
providing waterfowl hunting public access in the counties adjacent to the Missouri River.
Before promulgating rules which permit the issuance of fall three-day temporary nonresident
waterfowl licenses, the commission shall determine that adequate waterfowl hunting public
access has been provided through the department's land acquisition and development fund or
through other means.
Section
6.
That
§
41-6-72
be amended to read as follows:
41-6-72.
Licenses issued under this title
shall
expire
on
at the end of
the last day of
December of the calendar year for which they were issued unless specified otherwise in this
chapter
or as limited or provided by the applicable license and rules promulgated by the Game,
Fish and Parks Commission in accordance with chapter 1-26. Waterfowl hunting licenses expire
at the end of the last day of the hunting season for which the license was issued
.
Section
7.
That
§
41-6-15
be repealed.
41-6-15.
Any hunting or fishing license shall expire on the last day of December in the year
in which it was purchased or as limited and provided by the applicable license.
"
Rep. Daniel Sutton requested that Joint Rule 5-17 be invoked on HB 1260.
Which request was supported and HB 1260 with Rep. Kazmerzak's pending motion to
amend was deferred until Wednesday, February 9th, the 22nd legislative day.
HB 1058:
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to
special education.
Was read the second time.
The question being "Shall HB 1058 pass as amended?"
And the roll being called:
Excused were:
Crisp; 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 1200:
FOR AN ACT ENTITLED, An Act to
require criminal background checks of
school employees and to prohibit employment of certain persons in schools.
Was read the second time.
Rep. Jarvis Brown moved that HB 1200 be deferred until Wednesday, February 9th, the
22nd legislative day.
Which motion prevailed and the bill was so deferred.
HB 1210:
FOR AN ACT ENTITLED, An Act to
modify contract renewal provisions for
school district food service purchases and to declare an emergency.
Was read the second time.
The question being "Shall HB 1210 pass as amended?"
And the roll being called:
Nays were:
Eccarius; Koetzle
Excused were:
Crisp; Solum
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.
Rep. Cutler moved that HB 1257, 1005, 1006, 1102, 1288, 1134, 1237, 1184, 1284, 1285,
1053, and 1163 be deferred until Tuesday, February 8th, the 21st legislative day.
Which motion prevailed and the bills were so deferred.
SB 18:
FOR AN ACT ENTITLED, An Act to
revise the eligibility requirements under
which certain members of the South Dakota Retirement System can retire without a reduction
in benefits.
Was read the first time and referred to the Committee on Appropriations.
SB 29:
FOR AN ACT ENTITLED, An Act to
designate areas within the state park system
where a park license may be required.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
SB 69:
FOR AN ACT ENTITLED, An Act to
exempt materials used in certain
construction projects outside of the state from the use tax.
SB 157:
FOR AN ACT ENTITLED, An Act to
clarify the reporting and collection of the
telecommunications access fee for the deaf, hearing impaired, and speech impaired.
Was read the first time and referred to the Committee on Taxation.
SB 167:
FOR AN ACT ENTITLED, An Act to
clarify who is responsible to file the return
and remit the sales tax due from auctions.
Was read the first time and referred to the Committee on Taxation.
Rep. Cutler moved that SB 21, 1, 34, 33, 17, 19, 6, and 48 be deferred until Tuesday,
February 8th, the 21st legislative day.
Which motion prevailed and the bills were so deferred.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1009, 1054, 1060,
and 1118 were delivered to his Excellency, the Governor, for his approval at 3:24 p.m.,
February 7, 2000.
HC 1012
Introduced by:
Representatives Smidt, Cutler, Diedrich (Larry), Roe, Slaughter,
and Sutton (Daniel) and Senators Brown (Arnold) and Lange
A LEGISLATIVE COMMEMORATION,
Recognizing Jason Smidt for his outstanding
achievements in the sport of basketball.
Rep. Klaudt moved that the House do now adjourn, which motion prevailed, and at 6:35
p.m. the House adjourned.