House Journal 02/15/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 15, 2000

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of Allegiance led by House page Nick Wendell.

     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-fifth 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.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved HB 1012, 1017, 1036, 1043, and 1086, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1195 as found on pages 626 and 627 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1195 be approved?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler; Davis; 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; Konold; Kooistra; 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:
Koetzle; Koskan

Excused were:
Solum; Sutton (Daniel)

Absent and Not Voting were:
Chicoine; Derby

So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 171 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 Commerce respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , after line 9 of the Senate Commerce committee engrossed bill , insert:

" Section 3. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief for a violation of section 1 of this Act; actual damages, if any, from the distributor, wholesaler, or other violator sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of the complaint, taxable costs, and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of three times the actual damages sustained by reason of the violation. "

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
William Peterson, Vice Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the Senate Education committee engrossed bill , delete " twenty-one " and insert " nineteen " .

And that as so amended said bill do pass.

Respectfully submitted,
Richard “Dick” E. Brown, Chair

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 205 and 29 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the Senate engrossed bill , delete " 32-14-1(17) " and insert " 41-1- 1(18) " .

On page 2 , line 1 , after " lands. " insert " Nothing in this section prohibits using a motor vehicle on land under the control of the commissioner of school and public lands for normal lease activities by the lessee or for animal damage control activities. " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 30 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 8 of the Senate engrossed bill , after " 41-9-1.2, " insert " 41-8-17 except for subsections (2) and (3) thereof, " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 47 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 122 and 46 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 51 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , after line 11 of the Senate Taxation committee engrossed bill , insert:

" Section 2. That § 10-40-2 be amended by adding thereto a NEW SUBDIVISION to read as follows:

Intangible personal property owned by a nonresident of South Dakota is not subject to the tax imposed by this section. Intangible personal property held by a revocable or irrevocable trust, which property was transferred to the trust by a decedent who was a nonresident of South Dakota both at the time that such property was transferred to the trust and at the time of death is not subject to the tax imposed by this section. Nothing contained in this subdivision may be construed to alter or affect existing laws concerning transfers by residents of South Dakota. "

On page 1 , line 1 of the Senate Taxation committee engrossed bill , delete everything after " to " and insert " revise the provisions concerning the imposition and administration of the inheritance tax. " .

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 170 and 69 which were deferred to the 36th legislative day.

Respectfully submitted,
John Koskan, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1109 and 1187 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1023, 1026, 1028, 1095, 1122, and 1193 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Duniphan moved that the House do concur in Senate amendments to HB 1037.

     The question being on Rep. Duniphan's motion that the House do concur in Senate amendments to HB 1037.

     And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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

Excused were:
Solum; Sutton (Daniel)

Absent and Not Voting were:
Chicoine; Cutler; Derby; Eccarius

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     SCR 2: A CONCURRENT RESOLUTION, Designating a portion of State Highway 115 as the POW/MIA Memorial Highway.

     Rep. Brooks moved that SCR 2 as found on page 137 of the Senate Journal be concurred in.

     The question being on Rep. Brooks' motion that SCR 2 be concurred in.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; 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

Excused were:
Solum; Sutton (Daniel)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 2 was concurred in.

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

No member moved to reconsider the vote by which SB 21 was lost.

HCR 1016 Introduced by: Representatives Diedtrich (Elmer), Broderick, Brooks, Chicoine, Duniphan, Engbrecht, Garnos, Hagen, Hanson, Jaspers, Kazmerzak, McNenny, Peterson, Smidt, Sutton (Duane), Volesky, Weber, and Wetz and Senators Frederick, Albers, Brown (Arnold), Duxbury, Hutmacher, Shoener, and Symens

A CONCURRENT RESOLUTION, Supporting the amendment of federal laws and regulations to encourage biological processing as a form of value-added agricultural development.

WHEREAS, farmers and ranchers operating as cooperatives seek to add value to agricultural commodities; and

WHEREAS, the feeding of agricultural commodities to livestock produces a higher valued product in the form of livestock and livestock products; and

WHEREAS, this process is recognized as biological processing; and

WHEREAS, the United States Internal Revenue Code of 1986 does not recognize biological processing as a value-added agricultural industry marketing tool; and

WHEREAS, there are other statutory or regulatory definitions in federal programs such as the Small Business Administration and United States Department of Agricultural that do not recognize biological processing as a form of value-added agricultural development creating a barrier to value-added agricultural development:

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 requests the United States Congress to enact legislation amending § 1388 of the Internal Revenue Code of 1986 and other federal laws and regulations to include biological processing as a means of value-added processing through animals.

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 reports of the Standing Committees on

     Appropriations on SB 104 as found on page 627 of the House Journal; also

     State Affairs on SB 199 as found on page 628 of the House Journal; also

State Affairs on SB 202 as found on page 628 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Rep. McNenny requested that SB 12 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 99: FOR AN ACT ENTITLED, An Act to revise the definition of rental vehicle for the purposes of implementing the excise tax on motor vehicles.

Was read the second time.

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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

Excused were:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 79: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to notice or nonrenewal of automobile policies.

Was read the second time.

     The question being "Shall SB 79 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Derby; Duenwald; Putnam; Solum; Sutton (Daniel)

Absent and Not Voting were:
Chicoine

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 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 second time.

Rep. Fiegen moved that SB 157 be deferred until Thursday, February 17th, the 28th legislative day.

Which motion prevailed and the bill was so deferred.

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 second time.

     The question being "Shall SB 167 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 (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Derby; Duenwald; Michels; Putnam; 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 151: FOR AN ACT ENTITLED, An Act to clarify what property a municipality may donate to a nonprofit corporation and how that property may be used by the nonprofit corporation.

Was read the second time.

     The question being "Shall SB 151 pass?"

     And the roll being called:

     Yeas 59, Nays 3, Excused 7, Absent and Not Voting 1

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

Nays were:
Brooks; McNenny; Wetz

Excused were:
Derby; Duenwald; Eccarius; Michels; Putnam; Solum; Sutton (Daniel)

Absent and Not Voting were:
Fiegen

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 52: FOR AN ACT ENTITLED, An Act to revise the composition of local industrial development corporations.

Was read the second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 7, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; 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; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Derby; Duenwald; Eccarius; Michels; Putnam; 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 59: FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the filing of student birth certificates.

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

Rep. Richard Brown moved that SB 59 be amended as follows:

On page 2 , line 9 of the Senate Education committee engrossed bill , after " ~~regularly~~ " insert " within thirty days of enrollment " .

On page 2 , line 11 , delete " Upon receipt of the report of " .

On page 2 , delete line 12 .

On page 2 , line 13 , delete " record is in violation of § § 13-27-3.1 and 13-27-3.2. " .

Which motion prevailed and SB 59 was so amended.

     The question being "Shall SB 59 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 10, Excused 4, Absent and Not Voting 0

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

Nays were:
Apa; Broderick; Davis; Haley; Kooistra; Lockner; McIntyre; Nachtigal; Patterson; Wilson

Excused were:
Eccarius; Hagen; 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 190: FOR AN ACT ENTITLED, An Act to allow the electronic storage of public records.

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

The question being "Shall SB 190 pass?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; 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:
Koskan

Excused were:
Derby; Eccarius; Hagen; 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 97: FOR AN ACT ENTITLED, An Act to revise the definition of indigent by design for purposes of county poor relief.

Was read the second time.

     The question being "Shall SB 97 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; 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

Excused were:
Derby; Eccarius; 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 42: FOR AN ACT ENTITLED, An Act to require varicella immunization for school entry.

Was read the second time.

Rep. Richter moved the previous question.

Which motion prevailed.

     The question being "Shall SB 42 pass?"

     And the roll being called:

     Yeas 52, Nays 15, Excused 3, Absent and Not Voting 0

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

Nays were:
Apa; Duenwald; Jaspers; Juhnke; Klaudt; Koehn; Koskan; McCoy; McNenny; Monroe; Napoli; Slaughter; Waltman; Wetz; Young

Excused were:
Derby; 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 187: FOR AN ACT ENTITLED, An Act to provide for the revocation or refusal of a gaming or racing license.

Was read the second time.

The question being "Shall SB 187 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 (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; 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

Excused were:
Clark; Derby; Koehn; 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 193: FOR AN ACT ENTITLED, An Act to establish certain requirements and procedures regarding electronic transactions.

Was read the second time.

     The question being "Shall SB 193 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 5, Absent and Not Voting 2

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; 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); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Derby; Engbrecht; Nachtigal; Solum; Sutton (Daniel)

Absent and Not Voting were:
Napoli; Patterson

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 Pro tempore Eccarius now presiding.

SB 83: FOR AN ACT ENTITLED, An Act to provide immunity from civil liability for the placement and use of automated external defibrillators.

Was read the second time.

     The question being "Shall SB 83 pass as amended?"

     And the roll being called:

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

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

Excused were:
Derby; 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 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period to collect signatures for initiative petitions and initiated constitutional amendment petitions.

Was read the second time.

The question being "Shall SB 92 pass as amended?"

And the roll being called:

Yeas 50, Nays 17, Excused 3, Absent and Not Voting 0

Yeas were:
Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Clark; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Hanson; Heineman; Hennies; Jaspers; Juhnke; Koetzle; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Smidt; Sutton (Duane); Volesky; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Brown (Jarvis); Burg; Crisp; Haley; Kazmerzak; Klaudt; Koehn; Kooistra; Monroe; Nachtigal; Napoli; Patterson; Slaughter; Waltman; Weber; Wilson

Excused were:
Derby; 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.

SJR 1: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to permit the investment of the permanent school funds in certain stocks, bonds, mutual funds, and other financial instruments and to use a certain portion of the interest and income to increase the principal in the fund.

Was read the second time.

Rep. Hennies moved that SJR 1 be deferred until Tuesday, February 22nd, the 30th legislative day.

Which motion prevailed and the resolution was so deferred.

SB 200: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for the elderly and disabled persons.

Was read the second time.

The question being "Shall SB 200 pass?"

And the roll being called:

Yeas 64, Nays 1, Excused 3, Absent and Not Voting 2

Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; 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

Nays were:
Apa

Excused were:
Derby; Solum; Sutton (Daniel)

Absent and Not Voting were:
Haley; Michels

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 201: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

Was read the second time.

     The question being "Shall SB 201 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; 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; 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:
Derby; Monroe; 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.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 209 which has passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

There being no objection, the House reverted to Order of Business No. 14.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 209: FOR AN ACT ENTITLED, An Act to provide for the acquisition and management of certain rail lines if rail service is abandoned.

Was read the first time and referred to the Committee on Transportation.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 55: FOR AN ACT ENTITLED, An Act to revise certain administrative rules with regard to minimum medication administration training for adjustment training center employees.

Was read the second time.

The question being "Shall SB 55 pass?"

And the roll being called:

Yeas 64, Nays 2, Excused 3, Absent and Not Voting 1

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Crisp; Cutler; Davis; 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

Nays were:
Clark; Engbrecht

Excused were:
Derby; Solum; Sutton (Daniel)

Absent and Not Voting were:
Chicoine

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

SB 163: FOR AN ACT ENTITLED, An Act to establish guidelines for the management and use of investments held by certain eleemosynary institutions and funds.

Was read the second time.

     The question being "Shall SB 163 pass?"

     And the roll being called:

     Yeas 62, Nays 1, Excused 5, Absent and Not Voting 2

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

Nays were:
Koetzle

Excused were:
Apa; Derby; Kazmerzak; Solum; Sutton (Daniel)

Absent and Not Voting were:
Hagen; Peterson

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 20: FOR AN ACT ENTITLED, An Act to provide for the crime of identity theft.

Was read the second time.

     The question being "Shall SB 20 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); 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

Excused were:
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 86: FOR AN ACT ENTITLED, An Act to exempt certain traffic violations from the requirement that a restricted minor's permit be suspended.

Was read the second time.

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 41, Nays 25, Excused 3, Absent and Not Voting 1

Yeas were:
Brooks; Burg; Cerny; Chicoine; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fryslie; Garnos; Hagen; Juhnke; Kazmerzak; Klaudt; Konold; Koskan; Lintz; Lockner; McCoy; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Weber; Wetz; Wudel; Young

Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Clark; Crisp; Duniphan; Earley; Fiegen; Fischer-Clemens; Fitzgerald; Haley; Hanson; Heineman; Hennies; Jaspers; Koehn; Kooistra; Lucas; McIntyre; Patterson; Peterson; Waltman; Wilson; Speaker Hunt

Excused were:
Koetzle; Solum; Sutton (Daniel)

Absent and Not Voting were:
Derby

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 44: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate administrative rules regarding access to state highways.

Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 59, Nays 7, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; 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; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Cerny; Fiegen; Jaspers; Koskan; McNenny; Monroe; Napoli

Excused were:
Koetzle; Solum; Sutton (Daniel)

Absent and Not Voting were:
Waltman

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 98: FOR AN ACT ENTITLED, An Act to revise the method of taxing a leased motor vehicle.

Was read the second time.

     The question being "Shall SB 98 pass?"

     And the roll being called:

     Yeas 67, Nays 0, Excused 3, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); 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; 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:
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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1037 and finds the same correctly enrolled.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1015, 1022, 1025, 1031, 1040, 1048, 1059, 1113, 1116, 1123, 1140, 1188, 1190, 1192, 1198, 1199, 1204, and 1278 were delivered to his Excellency, the Governor, for his approval at 4:50 p.m., February 14, 2000.

Respectfully submitted,
Roger W. Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1037: FOR AN ACT ENTITLED, An Act to require municipalities to provide boundary change information to the Department of Revenue to facilitate the development of a simplified sales tax collection system.

     And signed the same in the presence of the House.

Rep. Heineman moved that the House do now adjourn, which motion prevailed, and at 4:11 p.m. the House adjourned.

Karen Gerdes, Chief Clerk