Joint Journal 02/12/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 12, 1999

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Dr. Harvey Friez, followed by the Pledge of Allegiance led by House page Alison Rice.

     Roll Call: All members present except Reps. Brooks, Jarvis Brown, Davis, Koetzle, and Weber 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-third 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 15, 79, and 80 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1301 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 4 of the printed bill , delete " or improper " .

On page 1 , line 6 , delete " and improper " .

On page 1 , line 11 , after " under " insert " Section 923 of " .

On page 1 , delete lines 15 and 16 , and insert:

For purposes of this section, the potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. No firearm may be deemed to be defective on the basis that the benefits of the product might not outweigh the risks posed by its potential to cause serious injury, damage, or death when discharged. "

On page 2 , delete line 1 .

On page 1 , line 4 of the printed bill , delete " or improper " .

On page 1 , line 6 , delete " and improper " .

On page 1 , line 11 , after " under " insert " Section 923 of " .

On page 2 , line 1 , after " manufacture. " insert " The provisions of this Act do not apply to actions arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer

of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion.

On page 1 , line 4 of the printed bill , delete " or improper " .

On page 1 , line 6 , delete " and improper " .

On page 1 , line 11 , after " under " insert " Section 923 of " .

On page 1 , delete lines 15 and 16 , and insert:

" Section 4. The provisions of this Act do not apply to actions arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion. No firearm may be deemed to be defective on the basis that the benefits of the product might not outweigh the risks posed by its potential to cause serious injury, damage, or death when discharged.

On page 2 , delete line 1 .

That all previous committee amendments be rescinded.

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. The Legislature finds that the unlawful use of firearms, rather than their lawful manufacture, distribution, or sale, is the proximate cause of any injury arising from their unlawful use.

Section 2. No firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is liable to any person or entity, or to the estate, successors, or

survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of such firearm by another.

Section 3. No association of persons who hold licenses under Section 923 of Chapter 44 of Title 18, United States Code, is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of such association.

Section 4. The provisions of this Act do not apply to actions for breach of contract, or expressed or implied warranties, or for injuries resulting from a firearm malfunction due to defects in design or manufacture. The provisions of this Act do not apply to actions arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion.

For purposes of this section, the potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. A firearm may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged. "

In amendment R-1301d, delete the first sentence in section 4 and insert "The provisions of this Act do not apply to actions for deceit, breach of contract, or expressed or implied warranties, or for injuries resulting from defects or negligence in design or manufacture."

On page 1 , line 2 of the printed bill , delete " retail " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 126 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 6 of the Senate Judiciary committee engrossed bill , after " information " insert " identifying the patient's name, address, diagnosis, or treatment " .

On page 1 , line 8 , after " disclosed " insert " without authorization from the patient or the patient's designee " .

And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Vice-Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1223 and returns the same with the recommendation that said bill be amended as follows:

On page 2 , line 5 of the printed bill , delete " In the case of a deceased patient " and insert " If a personal representative of a deceased patient has not been appointed " .

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

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1008 which was tabled.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1222 which was deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1284, which was reconsidered, 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 HB 1264 and 1274 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1298 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 13-53 be amended by adding thereto a NEW SECTION to read as follows:

The Board of Regents may at noncampus locations across the state provide such academic programs as the board deems appropriate. However, all such academic programs shall be offered directly by the following institutions:

(1) University of South Dakota;

(2) South Dakota State University;

(3) South Dakota School of Mines and Technology;

(4) Northern State University;

(5) Black Hills State University; or

(6) Dakota State University.

No postsecondary degrees may be awarded or conferred except by the above institutions. "

On page 1 , line 1 of the printed bill , delete " offered by the Sioux Falls Center " and insert " and degrees provided by the Board of Regents be offered or conferred by the existing institutions. "

On page 1 , delete lines 2 and 3 .

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 HB 1253 and 1281 which were deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1022, 1023, 1071, 1079, 1092, 1093, 1108, 1113, and 1137 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB 1012, 1013, 1084, and 1158 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 156, 198, 235, 236, and 237 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

Rep. Cerny moved that HCR 1003 be deferred until Tuesday, February 16th, the 25th legislative day.

Which motion prevailed and the resolution was so deferred.

     SCR 6: A CONCURRENT RESOLUTION, Instructing the Board of Trustees of the South Dakota Retirement System to study the possibility of raising rates of contribution.

     Rep. Garnos moved that SCR 6 as found on page 211 of the Senate Journal be concurred in.

     The question being on Rep. Garnos' motion that SCR6 be concurred in.

     And the roll being called:

Yeas 61, Nays 2, Excused 5, Absent and Not Voting 2

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

Nays were:
Kazmerzak; Munson (Donald)

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

Absent and Not Voting were:
Fiegen; Smidt

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SCR 6 was concurred in.

HCR 1008 Introduced by: Representatives Windhorst, Brown (Richard), Cutler, Duenwald, Eccarius, Fiegen, Fischer-Clemens, Haley, Hunt, Jaspers, Koetzle, Lucas, Monroe, Peterson, Roe, and Smidt and Senators Brown (Arnold), Albers, Dunn (Jim), Everist, Hainje, Halverson, Hutmacher, Kloucek, Olson, Rounds, and Whiting

A CONCURRENT RESOLUTION, Urging the United States Congress to establish an equitable policy related to the tax deductibility of health insurance premiums.

WHEREAS, there are over forty million Americans, including millions of children, without health insurance at any given time, and over seventy-five percent of these people are uninsured for less than one year; and

WHEREAS, the cost of insurance is the most common reason why people are uninsured, both temporarily and long-term, and affordability is the primary key to accessing health insurance; and

WHEREAS, not all employers offer health insurance benefits, and those who do usually offer a limited number of choices of plans; and

WHEREAS, employees who do not receive health insurance benefits from their employers, employees who prefer a health insurance plan not offered by their employers, and the self- employed who have no such choice, must purchase their insurance in the nongroup, individual health insurance market, where it is much more expensive; and

WHEREAS, employers are able to deduct one hundred percent of the cost of providing health insurance to their employees, and this is a nontaxable benefit for employees; and

WHEREAS, employees and self-employed individuals who purchase insurance in the nongroup market cannot deduct the full cost of premiums and, thus, are forced to pay their premiums with after-tax dollars; and

WHEREAS, people who must pay for health insurance policies with after-tax dollars are twenty-four times more likely to be uninsured; and

WHEREAS, this inequity is rooted in a skewed tax policy based not on the nature of the expense but rather on who funds the expense; and

WHEREAS, the tax code should not extend favorable treatment to one class of taxpayer while denying the same treatment to others:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the United States Congress to establish a fair and equitable taxation policy for health insurance premiums paid for by individuals. That policy shall promote the affordability and accessibility of health insurance for the self-employed and for individuals and families that either do not receive health insurance as a benefit of employment or prefer a health insurance plan not offered through employment, and shall promote the economic and medical well-being of American families, by establishing one hundred percent tax deductibility of health insurance premiums, without delay, for all Americans.

Was read the first time and referred to the Committee on State Affairs.

     Rep. Duenwald moved that the Committee on Appropriations be instructed to deliver HB 1073 to the floor of the House, pursuant to Joint Rule 7-7.

     Rep. Richter rose to a point of order that Rep. Apa's remarks need to be limited to Rep. Duenwald's motion to deliver HB 1073 to the floor of the House.

The Speaker reminded Rep. Apa to limit his remarks to Rep. Duenwald's motion.

Rep. Duenwald's motion to deliver HB 1073 to the floor of the House was not supported.

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Tuesday, February 16th, the 25th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Cutler moved that the reports of the Standing Committees on

     Transportation on HB 1004 as found on pages 478 to 480 of the House Journal; also

     Commerce on HB 1121 as found on pages 482 to 484 of the House Journal; also

     Agriculture and Natural Resources on HB 1263 as found on pages 484 and 485 of the House Journal; also

     Local Government on HB 1254 as found on page 485 of the House Journal; also

     Education on HB 1270 as found on page 486 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1211: FOR AN ACT ENTITLED, An Act to extend the time for filing of the record in certain school appeals.

Was read the second time.

     The question being "Shall HB 1211 pass?"

     And the roll being called:

     Yeas 60, Nays 5, Excused 5, Absent and Not Voting 0

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

Nays were:
Apa; Koskan; McNenny; Monroe; Munson (Donald)

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

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 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for appurtenant property.

Was read the second time.

     The question being "Shall SB 137 pass?"

     And the roll being called:

     Yeas 63, Nays 0, Excused 6, Absent and Not Voting 1

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

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Smidt; Weber

Absent and Not Voting were:
McNenny

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 revise certain provisions regarding the notice of meetings of the State Board of Funeral Service.

Was read the second time.

The question being "Shall SB 45 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Smidt; Weber

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 48: FOR AN ACT ENTITLED, An Act to include viatical settlements in the definition of securities under the Uniform Securities Act and to provide an exemption from registration for viatical settlements issued by certain companies.

Was read the second time.

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 6, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; 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; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Sebert

SB 77: FOR AN ACT ENTITLED, An Act to revise the date when a third-party administrator of life or health insurance coverage is required to file an annual report.

Was read the second time.

     The question being "Shall SB 77 pass?"

     And the roll being called:

     Yeas 62, Nays 2, Excused 6, Absent and Not Voting 0

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

Nays were:
Earley; Monroe

SB 112: FOR AN ACT ENTITLED, An Act to allow municipalities operating under the commissioner form of government to determine the frequency of their meetings.

Was read the second time.

     The question being "Shall SB 112 pass?"

     And the roll being called:

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

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

Nays were:
Peterson; Smidt

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

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 90: FOR AN ACT ENTITLED, An Act to allow the register of deeds to assist in the execution of United States passport applications.

Was read the second time.

     The question being "Shall SB 90 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1147: FOR AN ACT ENTITLED, An Act to authorize the construction of a new roof on the Dakota Dome at the University of South Dakota.

Was read the second time.

The question being "Shall HB 1147 pass as amended?"

And the roll being called:

Yeas 62, Nays 3, Excused 5, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brown (Richard); Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Burg; Duenwald; Fiegen

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

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

HB 1213: FOR AN ACT ENTITLED, An Act to protect the normal operation and use of sport shooting ranges.

Was read the second time.

     The question being "Shall HB 1213 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 5, Excused 5, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Haley; Hanson; Lockner; Patterson; Waltman

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

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.

HB 1110: FOR AN ACT ENTITLED, An Act to restrict the locations where video lottery machines may be placed and to increase sales and use taxes.

Was read the second time.

Rep. Cutler moved that HB 1110 be deferred until Tuesday, February 16th, the 25th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1080: FOR AN ACT ENTITLED, An Act to revise the inheritance tax exemptions and the rate of taxation applied to certain individuals.

Was read the second time.

Rep. Donald Munson moved that HB 1080 be deferred until Tuesday, February 16th, the 25th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1131: FOR AN ACT ENTITLED, An Act to repeal the inheritance tax over a period of time.

Was read the second time.

Rep. Napoli moved that HB 1131 be deferred until Tuesday, February 16th, the 25th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1278: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the reopening of certain vacated public highways.

Was read the second time.

     Rep. Chicoine moved that HB 1278 be deferred until the 41st legislative day.

     The question being on Rep. Chicoine's motion that HB 1278 be deferred until the 41st legislative day.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; 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; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

Absent and Not Voting were:
Fischer-Clemens

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the bill was so deferred.

     HB 1303: FOR AN ACT ENTITLED, An Act to limit the liability of local government agencies and their employees for year 2000 litigation.

    Was read the second time.

     The question being "Shall HB 1303 pass?"

     And the roll being called:

     Yeas 63, Nays 1, Excused 5, Absent and Not Voting 1

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

Nays were:
McNenny

Excused were:
Brooks; Brown (Jarvis); Davis; Koetzle; Weber

Absent and Not Voting were:
Volesky

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

HB 1166: FOR AN ACT ENTITLED, An Act to revise the index factor for purposes of distributing state aid to education.

Was read the second time.

Rep. Richard Brown moved that HB 1166 be deferred until Tuesday, February 16th, the 25th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1210: FOR AN ACT ENTITLED, An Act to provide a time to appeal notice of termination to a school board and to conduct a hearing thereon.

Was read the second time.

     The question being "Shall HB 1210 pass?"

     And the roll being called:

     Yeas 44, Nays 21, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brown (Richard); Burg; Cerny; Chicoine; Cutler; Derby; Diedtrich (Elmer); Duenwald; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Kazmerzak; Kooistra; Lockner; Lucas; McIntyre; Michels; Nachtigal; Patterson; Peterson; Pummel; Putnam; Roe; Slaughter; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Windhorst; Young; Speaker Hunt

Nays were:
Clark; Crisp; Diedrich (Larry); Duniphan; Earley; Fiegen; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Monroe; Munson (Donald); Napoli; Richter; Sebert; Smidt; Wudel

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 156: FOR AN ACT ENTITLED, An Act to restrict the placement of automated teller machines in the proximity of video lottery terminals.

Was read the first time and referred to the Committee on State Affairs.

SB 198: FOR AN ACT ENTITLED, An Act to limit the practice of psychotherapy to certain persons.

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

SB 235: FOR AN ACT ENTITLED, An Act to require the disclosure of information to prospective enrollees of managed care plans.

Was read the first time and referred to the Committee on Health and Human Services.

SB 236: FOR AN ACT ENTITLED, An Act to establish standards for network adequacy and quality of care in managed care plans and to require the registration of managed care entities.

Was read the first time and referred to the Committee on Health and Human Services.

SB 237: FOR AN ACT ENTITLED, An Act to transfer funds from the special racing revolving fund and the South Dakota-bred racing fund to the Department of Social Services for domestic and sexual abuse shelter programs and to the Department of Education for child development and certain technology enhancement programs and to make an appropriation therefor.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 106, 10, 11, 12, 132, and 47 be deferred until Tuesday, February 16th, the 25th 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 1022, 1023, 1071, 1079, 1092, 1093, 1108, 1113, and 1137 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1022: FOR AN ACT ENTITLED, An Act to provide for an extension of the period of imprisonment as a condition for probation or suspension of sentence.

     HB 1023: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

     HB 1071: FOR AN ACT ENTITLED, An Act to revise the residency requirement for magistrate judges.

     HB 1079: FOR AN ACT ENTITLED, An Act to make an appropriation for the acquisition of Census 2000 redistricting data and to declare an emergency.

     HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of a special administrator for probate.

     HB 1093: FOR AN ACT ENTITLED, An Act to exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

     HB 1108: FOR AN ACT ENTITLED, An Act to authorize public utilities or electric utilities to remove certain obstructions that may impair its operations.

     HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the release of information about children in correctional or detention facilities.

     HB 1137: FOR AN ACT ENTITLED, An Act to revise the definition of outdoor recreation purpose for political subdivisions.

     And signed the same in the presence of the House.

Rep. Michels moved that the House do now adjourn, which motion prevailed, and at 2:19 p.m. the House adjourned.

KAREN GERDES, Chief Clerk