JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION




THIRTEENTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 30, 1997

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

     The prayer was offered by the Chaplain, Pastor Ron Burkhalter, followed by the Pledge of Allegiance led by House page Blaine Hyde.

     Roll Call: All members present except Reps. Jorgensen and Konold 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 twelfth 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.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Transportation respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill be amended as follows:

j-1035a
     On page 5 , line 16 of the printed bill , delete " or " .

     On page 5 , delete line 17 and insert " . The notice " .

     On page 5 , line 19 , after " delivered " insert " and shall state that the licensee is entitled to a hearing if the licensee submits a written request for a hearing to the department prior to the effective date of the revocation " .
    

j-1035d
     On page 3 , remove the oversrtikes from line 6 .

     On page 3 , line 6 , delete " an " .

     On page 3 , delete lines 7 and 8 , inclusive .

     On page 3 , line 9 , delete " dealers " .

j-1035b
     On page 9 , after line 6 , insert:
"      Section 15. That § 32-6B-3 be amended to read as follows:
     32-6B-3.   No person Any vehicle dealer may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, " consignment " means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the vehicle or has a right to return the vehicle to the seller. Any vehicle dealer who sells, or offers to sell, vehicles on consignment shall enter into a contract with the consignor. The department shall prescribe the form of the contract. "

j-1035h

     On line 1 of the previous amendment, after "dealer" insert "or public auction".

     On line 6 of the previous amendment, after " dealer " insert " or public auction ".

    

j-1035
     On page 3 , line 13 of the printed bill , remove the overstrikes from " and " .

     On page 3 , line 16 , delete " ; and " .

     On page 3 , delete lines 17 and 18.

     On page 3 , line 19 , delete " this Act " .

     On page 3 , delete lines 20 to 24, inclusive.

     On page 4 , delete lines 1 to 12 , inclusive .

    

j-1035c
     On page 8 , delete lines 4 to 24 , inclusive .

     On page 9 , delete lines 1 to 6 , inclusive .

    

j-1035f
     On page 5 , line 21 , delete everything after "chapter".

     On page 5 , line 22 , delete " retain the license " .

     And that as so amended said bill do pass.


Respectfully submitted,
John Koskan, Chair


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1121 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 HB 1078 and returns the same with the recommendation that said bill do pass with a title amendment and be placed on the Consent Calendar.

f-1078T

     On page 1 , line 1 of the printed bill , after " Act " insert " to " .


Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1106 and returns the same with the recommendation that said bill be amended as follows:
    
f-1106
     On page 2 , line 1 of the printed bill , after " 1997, " insert " which are subject to referendum, " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1094 which was tabled.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1060 which was deferred to the 41st legislative day.


Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1080, 1091, 1095 and 1097 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 Commerce respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:
    
j-1022
     On page 1 , line 13 of the printed bill , delete " knowingly " .

     On page 1 , line 14 , delete " of all " .

     On page 1 , line 15 , after " center " insert " when known " .

     On page 2 , line 2 , delete " In addition, an operator is subject to civil liability for any " .

     On page 2 , line 3 , delete " damages caused by noncompliance with this chapter. "



     On page 2 , line 9 , after " board " insert " pursuant to rules promulgated pursuant to chapter 1-26 " .

     On page 2 , line 19 , delete " or deteriorate to the extent that " .

     On page 2 , line 20 , delete " the site must be remarked, " .

     On page 3 , line 10 , delete " specifically " .

     On page 3 , line 14 , delete " All flags or markings shall comply with the " .

     On page 3 , line 15 , delete " standard colors of the American Public Works Association. "

     On page 3 , line 17 , delete " Failure by the excavator to comply with this " and insert " The one-call notification center may not transmit a notice until the excavator complies with this section. "

     On page 3 , delete lines 18 and 19 , inclusive .

     On page 4 , line 1 , overstrike "The location shall be marked using American Public Works Association".

     On page 4 , line 2 , overstrike "color standards".

     On page 4 , line 5 , delete " and " .

     On page 4 , line 6 , delete " unexposed " .

     On page 4 , line 14 , after " provide " insert " to the excavator " .

     On page 4 , line 15 , overstrike "to the excavator".

     On page 4 , line 15 , delete " receives a " .

     On page 4 , delete line 16 .

     On page 4 , delete lines 19 and 20 , inclusive .

     On page 4 , line 21 , delete " of any circumstances particular to the notice request " and insert " a location due to an emergency shall provide the name and the phone number of a person who has knowledge regarding the excavation " .

     On page 4 , line 23 , delete " an emergency locate, when in fact " and insert " a location due to an emergency and "

     On page 5 , delete lines 8 and 9 , inclusive and insert " violates this section. "

     On page 8 , after line 8 , insert:


"      Section 14. That § 49-7A-4 be amended to read as follows:

     49-7A-4.   The One-Call Notification Board shall by rules, promulgated pursuant to chapter 1-26, establish the operating procedures and technology needed for to operate a nonprofit one-call notification center, establish a notification process, establish a system of standard colors for marking, establish a competitive bidding procedure to select a vendor to provide the notification service, and establish a procedure whereby members of the one-call notification center share in the costs of the one-call notification center. The rules shall provide that any agreement for the notification service entered into by the board may be modified from time to time by the board and that any agreement shall be reviewed, with an opportunity to receive new bids. "

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

j-80

     On page 1 , line 7 of the printed bill , after " outstanding " insert " in " .

     On page 1 , line 8 , delete " including any security senior in rank to its common stock, " .

     On page 6 , after line 14 , insert:
"     Section 6. That § 47-31A-402(b) be amended by adding thereto a NEW SUBSECTION to read as follows:
    Any nonissuer transaction in a security by a registered agent of a registered broker-dealer if:

             (A)    The issuer of the security is actually engaged in business and not in the organization stage or in bankruptcy or receivership and is not a blank check, blind pool, or shell company whose primary plan of business is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person or persons; and
             (B)    The security is senior in rank to the common stock of the issuer both as to payment of dividends or interest upon dissolution or liquidation of the issuer and the security has been outstanding at least three years and the issuer or any predecessors have not defaulted within the current fiscal year or the three immediately preceding fiscal years in the payment of any dividend, interest, principal, or sinking fund installment on the security when due and payable. "

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 84 which was tabled.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1116 and SB 27 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 Local Government respectfully reports that it has had under consideration HB 1124 and returns the same with the recommendation that said bill be amended as follows:
    
1124
     On page 1 , line 6 of the printed bill , delete " or upon completion of a annual audit " .

     On page 1 , line 9 , after " thereafter " insert " or upon completion of an annual audit " .


     And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Vice-Chair

Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 38 and 69 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 Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1003 and returns the same with the recommendation that said resolution be adopted and be placed on the Consent Calendar.


Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1076 which was deferred to the 41st legislative day.


Respectfully submitted,
Richard “Dick” Brown, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1009 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

    I have the honor to transmit herewith SCR 2 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1052 which has passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 42, 67, 88, 89, and 120 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary




MOTIONS AND RESOLUTIONS


     Rep. Apa moved that the Committee on State Affairs be instructed to deliver HB 1055 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Brooks moved that HB 1146 be referred from the Committee on Agriculture & Natural Resources to the Committee on Appropriations.

     Which motion prevailed and the bill was so referred.

     SCR 2   :   A CONCURRENT RESOLUTION,   Urging the passage of a balanced budget amendment to the United States Constitution.

     The Speaker waived referral to committee and placed SCR 2 on tomorrow's calendar.

     Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 31st, the 14th legislative day.

     Which motion prevailed.


CONSIDERATION OF REPORTS OF COMMITTEES



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

     Health and Human Services on HB 1016 as found on page 190 of the House Journal; also

     State Affairs on HB 1065 as found on page 192 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1192   Introduced by:  Representatives Smidt, Madden, and Roe and Senator Brown (Arnold)

     FOR AN ACT ENTITLED, An Act   to exempt certain communications and computer technologies and equipment from bidding requirements.


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

     HB 1193   Introduced by:  Representatives Smidt, Madden, and Roe and Senator Brown (Arnold)

     FOR AN ACT ENTITLED, An Act   to provide for employer-sponsored day care.

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

     HB 1194   Introduced by:  Representatives Schrempp, Hagen, Kazmerzak, Lockner, Sperry, and Weber and Senators Hutmacher, Hunhoff, Kloucek, Lange, Lawler, Reedy, and Symens

     FOR AN ACT ENTITLED, An Act   to revise the definition of domestic water use for certain hog farm operations.

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

     HB 1195   Introduced by:  Representatives Cutler, Haley, Madden, Napoli, Schaunaman, and Volesky and Senators Everist and Thompson

     FOR AN ACT ENTITLED, An Act   to provide a procedure for requesting visitation rights if not established by court order or decree.

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

     HB 1196   Introduced by:  Representatives Monroe, Apa, and Hassard and Senators Aker, Drake, Flowers, and Lange

     FOR AN ACT ENTITLED, An Act   to revise the mileage requirements for the reimbursement of certain school transportation costs.

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

     HB 1197   Introduced by:  Representatives Moore, Apa, Chicoine, Crisp, Napoli, and Waltman and Senators Hunhoff and Kloucek

     FOR AN ACT ENTITLED, An Act   to revise the requirements for creating and developing a tax increment finance district.

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


     HB 1198   Introduced by:  Representatives Moore, Broderick, Crisp, Fischer-Clemens, Haley, Kazmerzak, Koetzle, Munson (Donald), Napoli, Schaunaman, Van Gerpen, Volesky, and Waltman and Senators Hunhoff, Kloucek, and Staggers

     FOR AN ACT ENTITLED, An Act   to provide for legislative approval for the construction of certain buildings.

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

     HB 1199   Introduced by:  Representatives Weber, Apa, Chicoine, Duenwald, Kazmerzak, Lee, Monroe, Roe, Schrempp, and Van Gerpen and Senators Hunhoff, Dennert, Hutmacher, Kleven, Kloucek, and Lawler

     FOR AN ACT ENTITLED, An Act   to prohibit the location of certain livestock feeding operations over shallow aquifers.

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

     HB 1200   Introduced by:  Representatives Schrempp, Apa, Cerny, Chicoine, Davis, Duxbury, Fischer-Clemens, Gleason, Hagen, Haley, Koetzle, Lee, Lucas, Moore, Schaunaman, Sperry, Waltman, and Weber and Senators Kloucek, Aker, Albers, Lange, Staggers, and Thompson

     FOR AN ACT ENTITLED, An Act   to revise the inheritance tax exemptions.

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

     HB 1201   Introduced by:  Representatives Waltman, Cerny, Kazmerzak, Lee, Schrempp, Sperry, and Weber and Senators Dennert and Lange

     FOR AN ACT ENTITLED, An Act   to impose a personal and corporate income tax, to provide for the administration thereof, to provide penalties for the violation thereof, to exempt food, utilities, residential heating fuel, certain intrastate transportation services, and auction goods from the sales and use tax, to repeal the contractor's excise tax, and to provide property tax relief through the distribution of the revenue for education.

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

     HB 1202   Introduced by:  Representatives Peterson (Bill), Brooks, Brown (Richard), Cutler, and Eccarius and Senators Paisley, Albers, Munson (David), and Olson

     FOR AN ACT ENTITLED, An Act   to allow for the detention of truants in certain facilities.


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

     HB 1203   Introduced by:  Representatives Schrempp, Hagen, Matthews, Pummel, Waltman, and Wetz and Senators Dennert, Benson, Johnson (William), Kloucek, Reedy, and Shoener

     FOR AN ACT ENTITLED, An Act   to allow certain hay grinding equipment to be transported at night under certain conditions.

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

     HB 1204   Introduced by:  Representatives Schaunaman, Cutler, and DeMersseman and Senators Lawler and Shoener

     FOR AN ACT ENTITLED, An Act   to provide that funds held in an irrevocable prearranged funeral trust be paid to a licensed funeral director, funeral establishment, or embalmer selected by the purchaser of the prearranged funeral trust or the next of kin of the purchaser.

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

     HB 1205   Introduced by:  Representatives Munson (Donald), Chicoine, Crisp, Duniphan, Duxbury, Hagen, Jaspers, McNenny, Moore, Pederson (Gordon), Pummel, and Schaunaman and Senators Johnson (William), Dennert, and Morford-Burg

     FOR AN ACT ENTITLED, An Act   to increase the expense allowance of legislators.

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

     HB 1206   Introduced by:  Representatives Napoli, Duniphan, and Fitzgerald and Senators Shoener and Kleven

     FOR AN ACT ENTITLED, An Act   to authorize the sale of the state-owned facilities and land in Rapid City, commonly known as the Coal Gasification Plant, and to provide for the deposit of the proceeds.

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

     HB 1207   Introduced by:  Representatives de Hueck and Monroe and Senator Rounds

     FOR AN ACT ENTITLED, An Act   to allow certain malt beverage manufacturers to serve wine for consumption on their premises.

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



     HB 1208   Introduced by:  Representative Collier

     FOR AN ACT ENTITLED, An Act   to repeal the authority of the Governor to reorganize certain units of state government.

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

     HB 1209   Introduced by:  Representatives Davis, Brooks, Fitzgerald, Lockner, and Lucas and Senators Hutmacher, Kloucek, Reedy, and Thompson

     FOR AN ACT ENTITLED, An Act   to revise the date by which school district budgets are to be reported.

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

     HJR 1007   Introduced by:  Representatives Munson (Donald), Chicoine, Duxbury, Hagen, McNenny, Moore, Schaunaman, and Weber and Senators Aker and Johnson (William)

     A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to staggered four-year terms, mileage reimbursement, and term limits for members of the Legislature.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1079   :   FOR AN ACT ENTITLED, An Act   to repeal requirements for health care providers to report capital expenditures in excess of one hundred thousand dollars.

     Was read the second time.

     The question being "Shall HB 1079 pass?"

     And the roll being called:


     Yeas 67, Nays 1, Excused 2, 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); Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); 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:
Napoli

     Excused were:
Jorgensen; Konold

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

     SB 11   :   FOR AN ACT ENTITLED, An Act   to require the filing of copies of documents regarding certain administrative procedures with the Legislative Research Council.

     Was read the second time.

     The question being "Shall SB 11 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); Kazmerzak; Koetzle; 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

     Excused were:
Jorgensen; Konold


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

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. McNenny moved that HB 1002 be returned to the Committee on Agriculture & Natural Resources.

     The Speaker being in doubt on the voice vote requested a roll call vote.

     The question being on Rep. McNenny's motion to return HB 1002 to the Committee on Agriculture & Natural Resources.

     And the roll being called:

     Yeas 49, Nays 19, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Johnson (Doug); Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Chicoine; Collier; Davis; Fischer-Clemens; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Sokolow; Sperry; Van Gerpen; Volesky; Waltman

     Excused were:
Jorgensen; Konold

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1002 was returned to the Committee on Agriculture & Natural Resources.


     HJR 1004   :   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 12 of the Constitution of the State of South Dakota, relating to legislative conflicts of interest.

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

     The question being "Shall HJR 1004 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 2, 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; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Fiegen; Monroe; Moore; Pederson (Gordon)

     Excused were:
Jorgensen; Konold

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

     HB 1038   :   FOR AN ACT ENTITLED, An Act   to repeal certain reporting requirements of workers' compensation insurance carriers.

     Was read the second time.

     The question being "Shall HB 1038 pass?"

     And the roll being called:


     Yeas 57, Nays 11, Excused 2, Absent and Not Voting 0

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

     Nays were:
Crisp; Davis; de Hueck; Diedrich; Duxbury; Fiegen; Hunt; Koetzle; Monroe; Waltman; Speaker Hagg

     Excused were:
Jorgensen; Konold

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

     HB 1067   :   FOR AN ACT ENTITLED, An Act   to revise the period of time a bank is allowed to hold overdrafts as an asset.

     Was read the second time.

     The question being "Shall HB 1067 pass?"

     And the roll being called:

     Yeas 61, Nays 5, Excused 3, Absent and Not Voting 1

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

     Nays were:
Collier; Crisp; de Hueck; Hunt; Richter

     Excused were:
Gabriel; Jorgensen; Konold



     Absent and Not Voting were:
Cutler

     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 1025   :   FOR AN ACT ENTITLED, An Act   to revise the requirements to obtain a shooting preserve operating permit, to revise the license requirements to hunt on a shooting preserve, and to provide for additional violations which are cause to revoke or suspend a shooting preserve operating permit.

     Was read the second time.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 44, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Brooks; Brosz; Chicoine; Collier; DeMersseman; Duniphan; Gleason; Hagen; Haley; Kazmerzak; Lee; Lockner; Lucas; Madden; Monroe; Moore; Munson (Donald); Pummel; Schrempp; Van Gerpen; Waltman; Weber

     Nays were:
Apa; Broderick; Brown (Jarvis); Brown (Richard); Cerny; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Koetzle; Kooistra; Koskan; Kredit; Matthews; McNenny; Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Jorgensen; Konold

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

     HB 1005   :   FOR AN ACT ENTITLED, An Act   to revise certain terms relating to true and full value.

     Was read the second time.

     The question being "Shall HB 1005 pass as amended?"


     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); Kazmerzak; Koetzle; 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

     Excused were:
Jorgensen; Konold

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

     HB 1066   :   FOR AN ACT ENTITLED, An Act   to permit an election to be delayed under certain weather conditions.

     Was read the second time.

     The question being "Shall HB 1066 pass as amended?"

     And the roll being called:

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

     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; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cutler; Munson (Donald); Roe

     Excused were:
Jorgensen; Konold



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

    Speaker Pro tempore Hunt now presiding.

     HB 1084   :   FOR AN ACT ENTITLED, An Act   to establish fifty-five miles per hour as the speed limit on township roads.

     Was read the second time.

     Rep. Weber moved that HB 1084 be deferred until Wednesday, February 5th, the 17th legislative day.

     A roll call vote was requested and supported.

     The question now being on Rep. Weber's motion to defer HB 1084.
    
     And the roll being called:

     Yeas 63, Nays 4, Excused 2, 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; Hunt; Jaspers; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Hassard; Johnson (Doug); Koskan; Napoli

     Excused were:
Jorgensen; Konold

     Absent and Not Voting were:
Rost

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1084 was deferred.



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 42   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding officers and employees of the state entering into contracts with the state.

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

     SB 67   :   FOR AN ACT ENTITLED, An Act   to transfer the authority to certify sign language interpreters to the Department of Human Services.

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

     SB 88   :   FOR AN ACT ENTITLED, An Act   to expand the jurisdiction of magistrate judges to include temporary protection order cases.

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

     SB 89   :   FOR AN ACT ENTITLED, An Act   to allow circuit judges from one or more circuits to share law library resources.

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

     SB 120   :   FOR AN ACT ENTITLED, An Act   to clarify certain provisions relating to insurance arbitration between insurance companies.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 66   :   FOR AN ACT ENTITLED, An Act   to consolidate the duties of the Governor's Advisory Committee on Employment of Individuals with Disabilities under the Board of Vocational Rehabilitation.

     Was read the second time.

     The question being "Shall SB 66 pass?"

     And the roll being called:


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

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Cutler; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; 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:
Barker; Collier; de Hueck

     Excused were:
Jorgensen; Konold

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

     SB 46   :   FOR AN ACT ENTITLED, An Act   to expand the definition of sex crime for sex offender registration purposes.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, 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); Kazmerzak; Koetzle; 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

     Excused were:
Jorgensen; Konold


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

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 19 and 74.

Respectfully,
PATRICIA ADAM, Secretary

    Speaker Hagg now presiding.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1001, 1011, 1014, and 1015 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act  to permit the promulgation of emergency rules to mitigate financial loss to state government.

     HB 1011: FOR AN ACT ENTITLED, An Act  to revise certain provisions relating to earnings subject to garnishment.

     HB 1014: FOR AN ACT ENTITLED, An Act  to repeal certain provisions authorizing dual compensation for state employees.

     HB 1015: FOR AN ACT ENTITLED, An Act  to revise certain provisions authorizing health insurance coverage by municipalities, counties, and school districts.

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



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

     And signed the same in the presence of the House.

     Rep. Hunt moved that the House do now adjourn, which motion prevailed, and at 3:23 p.m. the House adjourned.

KAREN GERDES, Chief Clerk