JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



TENTH DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 27, 1997

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

     The prayer was offered by the Chaplain, Pastor Tom Opoien, followed by the Pledge of Allegiance led by House page Kristin Horton.

     Roll Call: All members present.

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 ninth 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,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.


     The oath of office was administered by Speaker Hagg to the following named pages: Stana Donnelly, Winona Hagen, Jenny Hartung, Kristin Horton, Catherine Houglum, Blaine Hyde, Elly Jo Kelley, Ryan Knutson, Jennifer Konic, Joachim Schwiesow, Karl Sevig, and Patricia Tillman.

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


HONORED GUESTS


     Reps. de Hueck   and Hagen introduced the 1997 Easter Seal Child, Wendyll Smoke, and his guardian Dawn Janis of Porcupine, South Dakota. Kay Swenson of Pierre, South Dakota, adult spokesperson for Easter Seals, accompanied them.


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 52 and 65 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 SB 53 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Larry Gabriel, Chair

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1072 and 1073 and SB 45 and 68 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 1074 and returns the same with the recommendation that said bill be amended as follows:

r-1074
     On page 2 of the printed bill , delete line 1, and insert "complied with , and upon certification and recordation shall be used as the legal description as provided by § 43-21-4 for ".

     And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 27, 38, 47, 69, 70, and 78 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary


MOTIONS AND RESOLUTIONS


     HCR 1003   Introduced by:  Representatives Schrempp, Apa, Barker, Chicoine, Davis, Fischer-Clemens, Gleason, Hagen, Haley, Kazmerzak, Koetzle, Lucas, Moore, Peterson (Bill), Schaunaman, Sperry, Volesky, and Waltman and Senators Kloucek and Lange

A CONCURRENT RESOLUTION,  Urging the federal government to authorize additional     haying of Conservation Reserve Program lands.

    
     WHEREAS,  the disastrous winter of 1996-1997 has created personal and economic hardship for urban and rural communities throughout the upper Midwest; and
    
     WHEREAS,  blizzard conditions and extreme amounts of snow have caused severe stress for livestock herds, resulting in many cases in the loss of livestock and in the need to provide emergency supplies of feed to save livestock herds; and
    
     WHEREAS,  the winter emergency can be expected to lead to a shortage of hay in the area and increased prices of hay in the area in the months ahead, which can only add to the problems faced by a depressed cattle industry; and
    
     WHEREAS,  large supplies of hay are potentially available for haying in the upcoming season on lands enrolled in the federal Conservation Reserve Program, but precluded from use for haying unless an exception to program requirements is granted by the federal government and federal authorities:
     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the SEVENTY-SECOND Legislature of the State of South Dakota, the Senate concurring therein, that the President, Congress, the Secretary and Department of Agriculture, and all other affected federal agencies are strongly urged to provide an exception to Conservation Reserve Program requirements to allow additional haying during the 1997 season of lands enrolled in the program in order to overcome some of the hardships caused by the disastrous winter of 1996-1997.

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

CONSIDERATION OF REPORTS OF COMMITTEES



     Rep. Gabriel moved that the reports of the Standing Committee on

     Judiciary on HB 1061 as found on page 108 of the House Journal; also

     Judiciary on HB 1062 as found on page 108 of the House Journal; also

     State Affairs on HB 1059 as found on page 109 of the House Journal; also

     State Affairs on HJR1004 as found on page 109 of the House Journal; also

     State Affairs on SB 19 as found on page 110 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1086   Introduced by:  Representatives Hassard, Belatti, Brown (Jarvis), Duenwald, Fitzgerald, Hunt, Johnson (Doug), Koskan, Madden, McNenny, Monroe, Napoli, Pederson (Gordon), Rost, and Windhorst and Senators Aker, Benson, Drake, Lange, Staggers, Vitter, and Whiting

     FOR AN ACT ENTITLED, An Act  to allow disclosure of a patient's immunization record only with written consent.

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

     HB 1087   Introduced by:  Representatives Hunt, Belatti, Brown (Jarvis), Chicoine, Crisp, DeMersseman, Diedrich, Duenwald, Fischer-Clemens, Fitzgerald, Gabriel, Gleason, Hagg, Hassard, Jaspers, Kazmerzak, Koetzle, Koskan, Kredit, Lucas, Madden, Matthews, McNenny, Monroe, Moore, Pederson (Gordon), Putnam, Rost, Schrempp, Smidt, Van Gerpen, Waltman, Weber, Wetz, and Wick and Senators Dunn (Rebecca), Aker, Benson, Drake, Frederick, Hainje,

Halverson, Hunhoff, Hutmacher, Johnson (William), Kleven, Kloucek, Lange, Lawler, Reedy, Rounds, Staggers, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act  to revise certain statutes pertaining to abortions.

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

     HB 1088   Introduced by:  Representatives Hunt, Belatti, Brown (Jarvis), Chicoine, Crisp, Diedrich, Duenwald, Fiegen, Fischer-Clemens, Fitzgerald, Gabriel, Gleason, Hagg, Hassard, Jaspers, Kazmerzak, Koetzle, Koskan, Kredit, Madden, Matthews, McNenny, Monroe, Moore, Pederson (Gordon), Putnam, Rost, Schrempp, Smidt, Van Gerpen, Waltman, Weber, Wetz, and Wick and Senators Aker, Benson, Drake, Dunn (Rebecca), Frederick, Hainje, Halverson, Hunhoff, Hutmacher, Johnson (William), Kleven, Lange, Lawler, Reedy, Rounds, Staggers, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act  to prohibit partial-birth abortions, to provide a criminal penalty therefor, and to establish a civil cause of action.

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

     HB 1089   Introduced by:  Representatives McNenny, Cutler, Gabriel, Jaspers, Madden, Napoli, Pummel, and Putnam and Senators Kleven, Benson, Dunn (Jim), Halverson, Ham, and Rounds

     FOR AN ACT ENTITLED, An Act  to require a temporary permit and fee for motorcycles and trailers to be displayed at certain events.

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

     HB 1090   Introduced by:  Representatives Jorgensen, Brooks, Chicoine, Cutler, Fischer- Clemens, Gleason, Monroe, Moore, Richter, Roe, and Schaunaman and Senators Olson, Aker, Halverson, Hunhoff, and Rounds

     FOR AN ACT ENTITLED, An Act  to exclude uninsured and underinsured motorist coverage from excess or umbrella insurance policies.

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

     HB 1091   Introduced by:  Representatives Munson (Donald), Derby, Moore, Pummel, Roe, and Smidt and Senators Paisley, Munson (David), Olson, and Staggers

     FOR AN ACT ENTITLED, An Act  to revise the definition for wages for the purposes of unemployment compensation.

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

     HB 1092   Introduced by:  Representatives Fischer-Clemens, Belatti, Brosz, Crisp, Kazmerzak, Koetzle, Moore, Peterson (Bill), Schrempp, and Sperry and Senators Olson, Dunn (Jim), Everist, Hainje, and Morford-Burg

     FOR AN ACT ENTITLED, An Act  to revise certain provisions related to the operation of motorboats.

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

     HB 1093   Introduced by:  Representatives Brown (Richard), Cutler, Duniphan, Jorgensen, Madden, Richter, and Schaunaman and Senators Olson, Everist, Flowers, Hainje, Munson (David), Paisley, and Shoener

     FOR AN ACT ENTITLED, An Act  to clarify school average daily membership if tuition is waived.

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

     HB 1094   Introduced by:  Representatives Schaunaman, Cutler, Gabriel, Moore, Napoli, and Volesky and Senators Dennert, Staggers, Symens, and Thompson

     FOR AN ACT ENTITLED, An Act  to require a two-thirds vote of the Legislature to eliminate exemptions from a tax.

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

     HB 1095   Introduced by:  Representatives DeMersseman, Brown (Richard), Cutler, Haley, Madden, Matthews, McNenny, Pederson (Gordon), Peterson (Bill), and Schaunaman and Senators Hainje, Aker, Daugaard, Drake, Everist, Munson (David), and Whiting

     FOR AN ACT ENTITLED, An Act  to revise the procedure for changing a corporation's registered office or agent.

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

     HB 1096   Introduced by:  Representatives DeMersseman, Brooks, Brown (Richard), Cutler, Haley, Madden, Matthews, Pederson (Gordon), Peterson (Bill), and Schaunaman and Senators Ham, Drake, Everist, Hainje, Reedy, and Vitter

     FOR AN ACT ENTITLED, An Act  to reduce the term of office and revise the qualifications of notaries public.

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


     HB 1097   Introduced by:  Representatives Pederson (Gordon), Hassard, and Madden and Senator Vitter

     FOR AN ACT ENTITLED, An Act  to return unemployment compensation experience- rating accounts to sellers in certain contract for deed transactions.

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

     HB 1098   Introduced by:  Representatives Pederson (Gordon) and Hassard and Senator Vitter

     FOR AN ACT ENTITLED, An Act  to authorize additional organizations to use certain mechanical pull-tab dispensing devices.

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

     HB 1099   Introduced by:  Representatives de Hueck, Broderick, Brown (Jarvis), and DeMersseman and Senators Munson (David) and Flowers

     FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to liens.

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

     HB 1100   Introduced by:  Representatives Davis, Brown (Jarvis), Gleason, Koetzle, Kooistra, Lee, Lockner, Matthews, Moore, Schrempp, Sperry, and Volesky and Senators Olson, Albers, Drake, Hunhoff, Hutmacher, Lange, Reedy, Shoener, Staggers, Symens, and Thompson

     FOR AN ACT ENTITLED, An Act  to provide special license plates for shriners.

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

     HB 1101   Introduced by:  Representatives Brown (Richard), Barker, Broderick, Brooks, Fischer-Clemens, Gleason, Pederson (Gordon), and Schaunaman and Senators Rounds, Halverson, Lawler, Morford-Burg, Olson, and Shoener

     FOR AN ACT ENTITLED, An Act  to provide the director of insurance rule-making authority to require proper disclosure and prohibit misrepresentation of life insurance policies.

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

     HB 1102   Introduced by:  Representatives Hagg, Broderick, Cutler, DeMersseman, Fischer- Clemens, Koetzle, Madden, Matthews, Pederson (Gordon), Peterson (Bill), Schaunaman, and

Windhorst and Senators Everist, Aker, Hutmacher, Lawler, Olson, Paisley, Rounds, Shoener, Staggers, and Whiting

     FOR AN ACT ENTITLED, An Act  to authorize additional off-sale retail liquor licenses in certain municipalities of the first class.

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

     HB 1103   Introduced by:  Representatives McNenny, Duenwald, Duxbury, Hagen, Jaspers, Napoli, Pummel, and Schrempp and Senators Symens, Drake, Frederick, and Lange

     FOR AN ACT ENTITLED, An Act  to permit the Animal Industry Board to keep reports of contagious disease confidential.

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

     HB 1104   Introduced by:  Representatives Cutler, Chicoine, Jorgensen, and Schaunaman and Senators Everist, Dunn (Rebecca), Lange, Paisley, and Whiting

     FOR AN ACT ENTITLED, An Act  to permit an optional retirement plan for certain employees of the Board of Regents.

     Was read the first time and referred to the Committee on Retirement Laws.

     HB 1105   Introduced by:  Representatives Gabriel, Hagg, and Haley and Senators Rounds, Halverson, and Hunhoff at the request of the Legislative Procedure Committee

     FOR AN ACT ENTITLED, An Act  to revise certain provisions concerning the printing and disposition of legislative bills.

     Was read the first time and referred to the Committee on Legislative Procedure.


SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1064:   FOR AN ACT ENTITLED, An Act  to permit a judge or clerk of courts to fix a time and place for hearing on certain probate and trust matters.

     Was read the second time.

     The question being "Shall HB 1064 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Jorgensen; Lee; Lucas

     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.

     HCR 1001:   FOR AN ACT ENTITLED, An Act  Requesting the Legislative Research Council to study methods by which South Dakota and North Dakota can collaborate to deliver government services more efficiently.

     Was read.

     The question being "Shall HCR 1001 be adopted?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Matthews

     Absent and Not Voting were:
Cutler; Jorgensen; Lee; Lucas


     So the resolution having received an affirmative vote of a majority of the members-elect, the Speaker declared that HCR 1001 was adopted.

     SB 1:   FOR AN ACT ENTITLED, An Act  to codify the legislation passed in 1996.

     Was read the second time.

     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Volesky

     Absent and Not Voting were:
Jorgensen

     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 2:   FOR AN ACT ENTITLED, An Act  to classify certain crimes.

     Was read the second time.

     The question being "Shall SB 2 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays 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.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1002:   FOR AN ACT ENTITLED, An Act  to revise certain provisions related to the registration of canceled livestock brands.

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

     Rep. Madden moved that HB 1002 be deferred until Thursday, January 30th, the 13th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1033:   FOR AN ACT ENTITLED, An Act  to revise the process for computing the net income of certain financial institutions for bank franchise tax collection purposes.

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

     The question being "Shall HB 1033 pass?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     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 1041:   FOR AN ACT ENTITLED, An Act  to revise the requirements by which parole hearings may be held by teleconference.

     Was read the second time.

     Rep. Apa moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1041 pass as amended?"

     And the roll being called:

     Yeas 52, Nays 18, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Lockner; Madden; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Crisp; Davis; Duxbury; Fiegen; Fitzgerald; Hassard; Koetzle; Kooistra; Lee; Lucas; Monroe; Napoli; Roe; Sokolow; Sperry; Van Gerpen; 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.

     HB 1013:   FOR AN ACT ENTITLED, An Act  to clarify that a local school board or governing body may set the school term for kindergarten programs and to revise certain requirements regarding the school term established by a local school board.

     Was read the second time.

     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Hassard

     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 1034:   FOR AN ACT ENTITLED, An Act  to revise the definition of lodging establishment and campground for the purposes of the sales and use tax.

     Was read the second time.

f-1034c

     Rep. Moore moved that HB 1034 be amended as follows:

     On page 1 , line 15 of the printed bill , after " days. " insert " The provisions of this section do not apply to the casual or occasional rental of a sleeping accommodation or camping site. For the purposes of this section, casual or occasional is the rental of a sleeping accommodation or camping site by any establishment or campground for five or less days in a calendar year. Any establishment or campground which has a permit or license issued under this chapter, is not offering the rental of sleeping accommodations or camping sites on a casual or occasional basis. "

b-1034a

    Rep. McNenny moved that Rep. Moore's pending amendment to HB 1034 be amended as follows:

     In the second sentence, delete " five " and insert " ten " .

    Which motion prevailed and Rep. Moore's amendment was so amended.

     The question now being on Rep. Moore's pending amendment to HB 1034 as amended.

     Which motion prevailed and HB 1034 was so amended.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 36, Nays 33, Excused 0, Absent and Not Voting 1

     Yeas were:
Barker; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Cutler; de Hueck; Derby; Diedrich; Duxbury; Eccarius; Fiegen; Gabriel; Gleason; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; McNenny; Moore; Munson (Donald); Peterson (Bill); Putnam; Richter; Rost; Smidt; Sperry; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Apa; Belatti; Broderick; Collier; Crisp; Davis; DeMersseman; Duenwald; Duniphan; Fischer- Clemens; Fitzgerald; Hagen; Haley; Hassard; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Napoli; Pederson (Gordon); Pummel; Roe; Schaunaman; Schrempp; Sokolow; Van Gerpen; Volesky; Waltman; Windhorst

     Absent and Not Voting were:
Koetzle

     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 Hunt now presiding.

     HB 1048:   FOR AN ACT ENTITLED, An Act  to revise certain provisions regarding the property and casualty Insurance Guaranty Association.

     Was read the second time.

     The question being "Shall HB 1048 pass?"


     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
de Hueck

     Absent and Not Voting were:
Lockner; Schrempp; Sperry

     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. Gabriel moved that HB 1048 be deferred until Tuesday, January 28th, the 11th legislative day.

     Which motion prevailed and the bill was so deferred.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 27:   FOR AN ACT ENTITLED, An Act  to revise the time frames for giving notice concerning local elections and the distribution of sample ballots.

     Was read the first time and referred to the Committee on Local Government.

     SB 38:   FOR AN ACT ENTITLED, An Act  to repeal certain rule-making authority of the Department of Environment and Natural Resources and to revise certain rule-making authority of water development districts.

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

     SB 47:   FOR AN ACT ENTITLED, An Act  to revise the processing of certain genetic marker specimens.

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

     SB 69:   FOR AN ACT ENTITLED, An Act  to exempt certain information submitted to the Department of Agriculture from public disclosure requirements.

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

     SB 70:   FOR AN ACT ENTITLED, An Act  to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     SB 78:   FOR AN ACT ENTITLED, An Act  to revise license requirements for the sale of nonprescription drugs and repeal licensure requirements for the sale of household remedies.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     Rep. Gabriel moved that SB 82, 74, 4 and 21 be deferred until Tuesday, January 28th, the 11th legislative day.

     Which motion prevailed and the bills were so deferred.

     Rep. Windhorst moved that the House do now adjourn, which motion prevailed, and at 4:01 p.m. the House adjourned.

KAREN GERDES, Chief Clerk