House Journal 02/14/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 14, 2000

     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 Jennifer Munsterman.

     Roll Call: All members present except Reps. Solum and Dan Sutton who were excused.

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 twenty-fourth day.

     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.

The oath of office was administered by Speaker Hunt to the following named pages: JoLeah Booth, Emily Cromwell, David Dodson, Kodi Geigle, Laura Harmon, Callie Hollenbeck, Tiffany Jastorff, Jennifer Munsterman, Merideth Pangburn, Chelsey Satrang, Angela Settje, Matthew Stiegelmeier, and Nicholas Wendell.

Which was subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS

Rep. Weber introduced Mary (Maggie) Peters, 2000 South Dakota Snow Queen from Milbank, South Dakota.

COMMUNICATIONS AND PETITIONS

February 11, 2000

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1009, 1054, 1060, and 1118, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

February 14, 2000

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 House Bill 1195 with the following recommendations as to STYLE and FORM.

House Bill 1195 is, An Act to restrict contact between defendant and victim after the commission of assault or stalking.

The entire bill reads as follows:

While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or indirectly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's

initial court appearance or until such contact or communication is specifically authorized by the court.

In the clause "either directly or indirectly or by means of a third party," the words "or indirectly" are extraneous and redundant and should be deleted.

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
William J. Janklow, Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 200 and 201 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 104 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 3 of the printed bill , delete " fifty " and insert " twenty-five " .

On page 1 , line 4 , delete " ($50,000) " and insert " ($25,000) " .

And that as so amended said bill do pass.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 199 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the Senate State Affairs committee engrossed bill , delete " sixteen " and insert " fifteen " .

On page 1 , line 8 , delete " five " and insert " ninety-five " .

On page 1 , line 14 , delete " sixty " and insert " fifty " .

On page 2 , line 3 , delete " fifty-one " and insert " forty-one " .

On page 2 , line 9 , delete " sixty " and insert " fifty " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the Senate engrossed bill , remove the overstrikes from " ~~The department shall give each party ample~~ " .

On page 1 , line 9 , remove the overstrikes from " ~~opportunity for presentation of the facts and~~ " .

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

And that as so amended said bill do pass.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 163, 20, and 86 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Roger Hunt, Vice Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1037 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to return herewith HB 1015, 1022, 1025, 1031, 1040, 1048, 1059, 1113, 1116, 1123, 1140, 1188, 1190, 1192, 1198, 1199, 1204, and 1278 which have passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     SCR 4: A CONCURRENT RESOLUTION, Requesting all South Dakota residents to be counted on April 1, 2000, for the 2000 Census.

     Rep. Cutler moved that SCR 4 as found on page 254 of the Senate Journal be concurred in.

     The question being on Rep. Cutler's motion that SCR 4 be concurred in.

     And the roll being called:

     Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Solum; Sutton (Daniel)

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 SCR 4 was concurred in.

HCR 1015 Introduced by: Representatives Weber, Diedtrich (Elmer), Hagen, Koetzle, Lintz, and Lockner and Senators Kloucek and Valandra

A CONCURRENT RESOLUTION, Urging further development of the industrial hemp industry.

WHEREAS, industrial hemp (cannabis sativa L. with a THC content of less than one-third of one percent) has a multitude of uses, including textile fiber, animal and human food, fuel, paper, and building materials; and

WHEREAS, more than thirty nations, including Canada, currently permit cultivation and production of industrial hemp; and

WHEREAS, South Dakota's climate is ideally suited for the production of industrial hemp on South Dakota farms, and the state's economy will benefit from the development of this value- added industry; and

WHEREAS, several state legislatures in the United States have passed legislation ranging from resolutions of support for the development of the industrial hemp industry, to removal of state barriers to the production of industrial hemp, to actual test-plot cultivation for research; and

WHEREAS, private production of industrial hemp is not possible until federal barriers to the cultivation of industrial hemp are lifted:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges the United States government to remove its barriers to the production of industrial hemp and the manufacture of industrial hemp products; and

BE IT FURTHER RESOLVED, that South Dakota State University is requested to gather information on the research that is being done in other areas on industrial hemp and, if federal requirements have been met, establish for research purposes an industrial hemp test plot not to exceed ten acres in size. In addition, South Dakota State University is urged as a part of its research to investigate potential uses of industrial hemp and to identify potential production and processing methods associated with industrial hemp.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Cutler moved that the report of the Standing Committee on

     State Affairs on SB 12 as found on pages 600 and 601 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 35: FOR AN ACT ENTITLED, An Act to provide for additional grounds for an order of ineligibility for a surplus lines insurer.

Was read the second time.

     The question being "Shall SB 35 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 4, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Engbrecht; Solum; Sutton (Daniel)

Absent and Not Voting were:
McNenny; 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.

SB 37: FOR AN ACT ENTITLED, An Act to change the expiration period for certain temporary cosmetology permits.

Was read the second time.

     The question being "Shall SB 37 pass?"

     And the roll being called:

     Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Engbrecht; Solum; Sutton (Daniel)

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 75: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the South Dakota Insurance Guaranty Association.

Was read the second time.

     The question being "Shall SB 75 pass as amended?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Hagen; McNenny; Solum; Sutton (Daniel)

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 78: FOR AN ACT ENTITLED, An Act to regulate the transfer, assignment, or sale of a motor vehicle franchise agreement or controlling interest in a motor vehicle dealership.

Was read the second time.

     The question being "Shall SB 78 pass?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Hagen; McNenny; Solum; Sutton (Daniel)

Absent and Not Voting were:
Eccarius

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. Earley requested that SB 79 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 84: FOR AN ACT ENTITLED, An Act to regulate the ownership of motor vehicle dealerships.

Was read the second time.

The question being "Shall SB 84 pass as amended?"

And the roll being called:

Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Rep. Fiegen requested that SB 157 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Cutler requested that SB 167 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 9: FOR AN ACT ENTITLED, An Act to provide for the extension of certain definitions relating to tax assessments.

Was read the second time.

     The question being "Shall SB 9 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Burg; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Brown (Richard); McNenny; Solum; Sutton (Daniel)

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 94: FOR AN ACT ENTITLED, An Act to revise the procedure for the combined description of lots or tracts assessed to the same person in the same block for tax purposes.

Was read the second time.

     The question being "Shall SB 94 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Fiegen

Excused were:
Brown (Jarvis); Brown (Richard); Solum; Sutton (Daniel)

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 74: FOR AN ACT ENTITLED, An Act to require a report in certain circumstances when an audit finding reoccurs.

Was read the second time.

The question being "Shall SB 74 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Burg; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

SB 11: FOR AN ACT ENTITLED, An Act to require annual training and testing for county veterans' service officers and to grant rule-making authority to the Division of Veterans Affairs.

Was read the second time.

     The question being "Shall SB 11 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Burg; 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; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
McNenny

SB 14: FOR AN ACT ENTITLED, An Act to revise the opening and closing times for polls.

Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Burg; 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; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Kazmerzak

Rep. Cutler requested that SB 151 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Koetzle requested that SB 52 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

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 second time.

The question being "Shall SB 8 pass as amended?"

And the roll being called:

Yeas 63, Nays 4, Excused 3, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; 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; 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 (Duane); Volesky; Waltman; Weber; Wudel; Speaker Hunt

Nays were:
Clark; Wetz; Wilson; Young

Excused were:
Brown (Jarvis); Solum; Sutton (Daniel)

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 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 second time.

     The question being "Shall SB 38 pass?"

     And the roll being called:

     Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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; 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 (Duane); Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Koehn; Volesky

Excused were:
Brown (Jarvis); Solum; Sutton (Daniel)

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 154: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to notice to parties in estate litigation.

Was read the second time.

     The question being "Shall SB 154 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 (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Fischer-Clemens; Haley; Lucas; Nachtigal; Wilson

There being no objection, the House reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 44 and 98 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 99 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 Transportation respectfully reports that it has had under consideration SCR 2 and returns the same with the recommendation that said resolution be concurred in.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 93 which was deferred to the 36th legislative day.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 21: FOR AN ACT ENTITLED, An Act to allow for additional public distribution of sex offender information.

Was read the second time.

     The question being "Shall SB 21 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 40, Excused 4, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Clark; Derby; Diedrich (Larry); Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fryslie; Heineman; Jaspers; Juhnke; Kazmerzak; Koskan; McCoy; McNenny; Michels; Napoli; Richter; Slaughter; Smidt; Volesky; Wetz; Speaker Hunt

Nays were:
Apa; Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedtrich (Elmer); Duenwald; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Sebert; Sutton (Duane); Waltman; Weber; Wilson; Wudel; Young

Excused were:
Brown (Jarvis); Konold; Solum; Sutton (Daniel)

So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

Rep. Michels announced his intention to reconsider the vote by which SB 21 was lost.

SB 1: FOR AN ACT ENTITLED, An Act to provide for the judicial jurisdiction of certain underage consumption offenses.

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

Rep. Cutler moved that SB 1 be deferred until Wednesday, February 16th, the 27th legislative day.

Which motion prevailed and the bill was so deferred.

SB 34: FOR AN ACT ENTITLED, An Act to eliminate differential treatment between insurance licensees and to allow monetary penalties in lieu of licensure denial.

Was read the second time.

Rep. Cutler moved that SB 34 be placed to follow SB 28 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 33: FOR AN ACT ENTITLED, An Act to define the duty of insurers and rights of consumers with regard to auto insurance damage claims.

Was read the second time.

Rep. Duane Sutton moved that SB 33 be amended as follows:

On page 2 , between lines 19 and 20 of the Senate Commerce committee engrossed bill , insert:

" However, if the insurer pays the claim based upon the paintless dent repair method and paintless dent repair was attempted but was unsuccessful, the insurer is liable for any repairs necessary to the area repaired by paintless dent repair, using the conventional method of repair, to restore the vehicle to substantially the same physical condition as prior to the damage. "

On page 2 , line 20 , before " If, " insert " Section 3. " .

On page 2 , after line 25 , insert:

" Section 4. An insurer may comply with section 2 of this Act by entering into an agreement with a repairer that guarantees repairs and by notifying the insured of such an agreement. "

Which motion prevailed and SB 33 was so amended.

     The question being "Shall SB 33 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Wilson

SB 17: FOR AN ACT ENTITLED, An Act to remove the Aberdeen ambulance attendants as Class B members of the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 17 pass?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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; Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Munson (Donald)

SB 19: FOR AN ACT ENTITLED, An Act to provide benefit improvements for the members of the South Dakota Retirement System.

Was read the second time.

Rep. Larry Diedrich moved that SB 19 be deferred until Thursday, February 17th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

SB 6: FOR AN ACT ENTITLED, An Act to provide for the increase of Class A employee and employer contributions to the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 6 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cerny

SB 48: FOR AN ACT ENTITLED, An Act to establish the crime of criminal exposure to HIV and to provide a penalty therefor.

Was read the second time.

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Koehn

Excused were:
Brown (Jarvis); Solum; Sutton (Daniel)

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 61: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

Was read the second time.

Rep. Roe moved that SB 61 be deferred until Wednesday, February 16th, the 27th legislative day.

Which motion prevailed and the bill was so deferred.

Speaker Pro tempore Eccarius now presiding.

SB 62: FOR AN ACT ENTITLED, An Act to provide that sexual penetration with a minor stepchild is rape in the third degree.

Was read the second time.

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Haley; Koetzle; Solum; Sutton (Daniel)

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 provide that a regulated lender has no duty to provide information about its customers unless required by legal process.

Was read the second time.

     The question being "Shall SB 111 pass?"

     And the roll being called:

     Yeas 61, Nays 3, Excused 6, Absent and Not Voting 0

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

Nays were:
Hennies; McNenny; Nachtigal

Excused were:
Brown (Jarvis); Haley; Koetzle; Michels; Solum; Sutton (Daniel)

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 117: FOR AN ACT ENTITLED, An Act to prohibit strip-searches for violations of curfew.

Was read the second time.

     The question being "Shall SB 117 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 6, Excused 6, Absent and Not Voting 0

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

Nays were:
Brooks; Burg; Earley; McCoy; Richter; Wilson

SB 140: FOR AN ACT ENTITLED, An Act to increase certain liquidated court costs for indigent defense.

Was read the second time.

     The question being "Shall SB 140 pass?"

     And the roll being called:

     Yeas 58, Nays 5, Excused 7, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Apa; Koehn; Koskan; Munson (Donald); Nachtigal

Excused were:
Brown (Jarvis); Cutler; Haley; Koetzle; Michels; Solum; Sutton (Daniel)

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 153: FOR AN ACT ENTITLED, An Act to restrict the effect of certain provisions relating to the illegal sale of alcoholic beverages to underage persons.

Was read the second time.

Rep. Wilson moved that SB 153 be amended as follows:

On page 1 , line 7 of the Senate Judiciary committee engrossed bill , after " state " insert " agency " .

On page 1 , line 8 , after " state " insert " agency " .

Which motion prevailed and SB 153 was so amended.

     The question being "Shall SB 153 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 0, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; 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 (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Cutler; Haley; Koetzle; Solum; Sutton (Daniel)

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

Was read the second time.

     The question being "Shall SB 178 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 12, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Duenwald; Duniphan; Earley; Eccarius; Fischer-Clemens; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Volesky; Waltman; Weber; Wetz; Wudel; Young

Nays were:
Diedrich (Larry); Diedtrich (Elmer); Engbrecht; Fiegen; Fitzgerald; Klaudt; Kooistra; Koskan; Lucas; Sutton (Duane); Wilson; Speaker Hunt

SB 28: FOR AN ACT ENTITLED, An Act to provide payment of tuition costs to education programs for students in governmental custody and to eliminate certain payments to educational programs operated by public school districts.

Was read the second time.

Rep. Earley moved that SB 28 be deferred until Thursday, February 17th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

SB 34: FOR AN ACT ENTITLED, An Act to eliminate differential treatment between insurance licensees and to allow monetary penalties in lieu of licensure denial.

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

     The question being "Shall SB 34 pass?"

     And the roll being called:

     Yeas 65, Nays 0, 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; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Crisp; Michels; Solum; Sutton (Daniel)

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 59: FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the filing of student birth certificates.

Was read the second time.

Rep. Richard Brown moved that SB 59 be deferred until Tuesday, February 15th, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

SB 71: FOR AN ACT ENTITLED, An Act to remove certain restrictions relating to the use of school buses.

Was read the second time.

Rep. Wilson moved that SB 71 be amended as follows:

On page 2 , line 5 of the Senate Education committee engrossed bill , delete " If the use of a school bus is granted by a school board, the " .

On page 2 , delete lines 6 and 7 .

A roll call vote was requested and supported.

     The question being on Rep. Wilson's motion that SB 71 be amended.

     And the roll being called:

     Yeas 49, Nays 18, Excused 3, Absent and Not Voting 0

     Yeas were:
Brooks; Burg; Cerny; Chicoine; Clark; Cutler; Davis; Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Pummel; Putnam; Richter; Slaughter; Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Richard); Crisp; Derby; Diedrich (Larry); Fiegen; Jaspers; Juhnke; Konold; McCoy; Napoli; Peterson; Roe; Sebert; Smidt; Wetz; Young

Excused were:
Brown (Jarvis); Solum; Sutton (Daniel)

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 71 was so amended.

     The question being "Shall SB 71 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, Excused 3, Absent and Not Voting 0

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

Nays were:
Fiegen; Juhnke; McCoy

SB 191: FOR AN ACT ENTITLED, An Act to revise the income eligibility requirements for property tax and sales tax refunds.

Was read the second time.

The question being "Shall SB 191 pass?"

And the roll being called:

Yeas 66, Nays 0, Excused 4, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Michels; Solum; Sutton (Daniel)

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 45: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter into a multi- state compact for the development, implementation, and administration of a simplified sales and use tax collection system.

Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Speaker Hunt

Nays were:
Young

SB 7: FOR AN ACT ENTITLED, An Act to remove the legal presumption of correctness which attaches to the assessed valuation determined by the director of equalization.

Was read the second time.

     The question being "Shall SB 7 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 4, Excused 3, Absent and Not Voting 1

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

Nays were:
Konold; Putnam; Wilson; Wudel

Excused were:
Brown (Jarvis); Solum; Sutton (Daniel)

Absent and Not Voting were:
Fischer-Clemens

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 103: FOR AN ACT ENTITLED, An Act to revise the process and requirements for changing the form of municipal government.

Was read the second time.

The question being "Shall SB 103 pass as amended?"

And the roll being called:

Yeas 66, Nays 1, Excused 3, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; 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 (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Wetz

SB 15: FOR AN ACT ENTITLED, An Act to define who may be appointed as a member of the precinct election board if a list is not provided by a party's county central committee.

Was read the second time.

     The question being "Shall SB 15 pass?"

     And the roll being called:

     Yeas 59, Nays 6, Excused 2, Absent and Not Voting 3

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel; Speaker Hunt

Nays were:
Cutler; Fiegen; Koskan; McCoy; Wetz; Young

Excused were:
Solum; Sutton (Daniel)

Absent and Not Voting were:
Derby; Duenwald; Konold

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 16: FOR AN ACT ENTITLED, An Act to require a candidate's financial statement to be filed biannually until disposition of all funds and payment of all obligations.

Was read the second time.

Rep. Lintz moved that SB 16 be amended as follows:

On page 2 , line 1 of the printed bill , after " obligations. " insert " However, if a candidate has not run for county or legislative office for three years or has not served in a county or legislative office for three years, the candidate or candidate's committee is not required to file a detailed statement. " .

Which motion prevailed and SB 16 was so amended.

     The question being "Shall SB 16 pass as amended?"

     And the roll being called:

     Yeas 50, Nays 17, Excused 2, Absent and Not Voting 1

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Hagen; Haley; Hanson; Hennies; Juhnke; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Roe; Sebert; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wilson; Wudel

Nays were:
Apa; Clark; Cutler; Duniphan; Earley; Fiegen; Garnos; Heineman; Jaspers; Lucas; Nachtigal; Patterson; Richter; Slaughter; Wetz; Young; Speaker Hunt

Excused were:
Solum; Sutton (Daniel)

Absent and Not Voting were:
Kazmerzak

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 190: FOR AN ACT ENTITLED, An Act to allow the electronic storage of public records.

Was read the second time.

Rep. Duniphan moved that SB 190 be deferred until Tuesday, February 15th, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

SB 56: FOR AN ACT ENTITLED, An Act to allow municipal sewer charges to be based on the use or consumption of water.

Was read the second time.

     The question being "Shall SB 56 pass?"

     And the roll being called:

     Yeas 58, Nays 9, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Smidt; Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cerny; Diedtrich (Elmer); Hanson; Kooistra; Koskan; Napoli; Sebert; Slaughter; Weber

Excused were:
Nachtigal; Solum; Sutton (Daniel)

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 define long-term substitute teachers and to require certain reporting on the use of long-term substitute teachers.

Was read the second time.

     The question being "Shall SB 172 pass?"

     And the roll being called:

     Yeas 43, Nays 24, Excused 3, Absent and Not Voting 0

     Yeas were:
Broderick; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedtrich (Elmer); Duniphan; Earley; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hanson; Heineman; Hennies; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Richter; Roe; Volesky; Waltman; Wilson

Nays were:
Apa; Brooks; Diedrich (Larry); Duenwald; Engbrecht; Fryslie; Garnos; Jaspers; Juhnke; Klaudt; Koskan; Lintz; Monroe; Napoli; Putnam; Sebert; Slaughter; Smidt; Sutton (Duane); Weber; Wetz; Wudel; Young; Speaker Hunt

Excused were:
McNenny; Solum; Sutton (Daniel)

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 97, 42, 187, 193, 83, and 92, and SJR 1 be deferred until Tuesday, February 15th, the 26th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1015, 1022, 1025, 1031, 1040, 1048, 1059, 1113, 1116, 1123, 1140, 1188, 1190, 1192, 1198, 1199, 1204, and 1278 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1004, 1046, 1071, 1128, and 1169 were delivered to his Excellency, the Governor, for his approval at 3:35 p.m., February 4, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1015: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to open enrollment.

     HB 1022: FOR AN ACT ENTITLED, An Act to revise and repeal certain hunting, trapping, and fishing activities, restrictions, and prohibitions, and certain game and fish storage and transportation requirements, and to provide for a penalty.

     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.

     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.

     HB 1040: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

     HB 1048: FOR AN ACT ENTITLED, An Act to allow the Department of Revenue to grant a business a statewide sales tax permit.

     HB 1059: FOR AN ACT ENTITLED, An Act to clarify persons required to report child abuse or neglect.

     HB 1113: FOR AN ACT ENTITLED, An Act to authorize certain evidence in the defense of a violation for a sale of alcoholic beverages to a person under the age of twenty-one.

     HB 1116: FOR AN ACT ENTITLED, An Act to prohibit motor vehicle brokering.

     HB 1123: FOR AN ACT ENTITLED, An Act to revise who may administer oaths and take proof or acknowledgment.

     HB 1140 : FOR AN ACT ENTITLED, An Act to provide for the charging of a fee for the redemption of a tax sale.

     HB 1188: FOR AN ACT ENTITLED, An Act to allow the payment of the motor vehicle excise tax by a person on behalf of the owner.

     HB 1190: FOR AN ACT ENTITLED, An Act to repeal the specific time period that an insurance agent involved in certain crimes must wait before seeking licensure.

     HB 1192: FOR AN ACT ENTITLED, An Act to allow law enforcement agencies to report certain violations of law and threats made by a student.

     HB 1198: FOR AN ACT ENTITLED, An Act to revise the definition of a material acquisition or disposition as it pertains to certain insurance disclosure requirements.

     HB 1199: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to certain transactions between an insurer and an affiliate.

     HB 1204: FOR AN ACT ENTITLED, An Act to allow for the increase of drainage permit fees.

     HB 1278: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the method of amending the articles of incorporation of nonprofit corporations.

     And signed the same in the presence of the House.

Rep. Hagen moved that the House do now adjourn, which motion prevailed, and at 4:58 p.m. the House adjourned.

Karen Gerdes, Chief Clerk