House Journal 02/05/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 5, 1997

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

     The prayer was offered by the Chaplain, Pastor Richard Teller, followed by the Pledge of Allegiance led by House page Elly Jo Bibby Kelley.

     Roll Call: All members present except Reps. Hassard and Lee 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 sixteenth 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,

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1001, 1011, 1014, and 1015, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1009, 1018, 1021, 1026, 1028, 1029, 1030, 1031, 1043, 1051, 1052 and 1053 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., February 5, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 56 which was removed from the table and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill , delete lines 10 to 15 , inclusive .

On page 2 , delete lines 1 to 9 , inclusive .

On page 1 , line 2 , delete everything after " services " .

On page 1 , line 3 , delete everything before " . "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1111 which was deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1087 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill , delete lines 4 to 8 , inclusive , and insert:

" (3) "Parent," one parent of the pregnant minor or the guardian or conservator of the pregnant ~~female~~ minor ; " .

On page 2 , line 23 , after " a " insert " circuit " .

On page 2 , line 24 , delete " of competent jurisdiction " .

On page 4 , line 3 , after "week." insert "Notwithstanding any other provision of law, all pleadings, papers, and other documents filed pursuant to this section are confidential, are not public records, and are not open for inspection by any member of the public for any purpose."

And that as so amended said bill do pass.

Respectfully submitted,
Roger Hunt, Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1188, 1191 and 1205 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 1098 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill , after line 11 , insert:

" Section 2. That chapter 22-25 be amended by adding thereto a NEW SECTION to read as follows:

Before any organization authorized by section 1 of this Act places a coin-operated mechanical pull-tab dispensing device, the organization shall give thirty days' written notice of the time and placement of the device to the governing body of the county or municipality in which the organization intends to place the device. If the governing body does not pass a resolution objecting to the placement of the coin-operated mechanical pull-tab dispensing device, the organization may place the device. The county or the municipality may by ordinance prohibit or limit the placement of such a dispensing device within its jurisdiction. "

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 1133 and returns the same with the recommendation that said bill be amended as follows:

On page 1 , line 5 of the printed bill , delete " on the " .

On page 1 , line 6 , delete " basis of landowner preference pursuant to § 41-6-21 or " .

On page 1 , line 10 , delete " ; and no additional licenses may be transferred by joint " and insert " . "

On page 1 , delete lines 11 and 12 .

And that as so amended said bill do pass.

Respectfully submitted,
Larry E. Gabriel, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1092 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 § 42-8-58 be amended to read as follows:

42-8-58. The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property in excess of five hundred dollars or resulting in death or injury to a person requiring medical attention, ~~give notice to and~~ immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other peace officer and shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state or county law enforcement agency. If the collision or accident resulted in death or injury to a person requiring medical attention, the operator shall file within forty-eight hours. If the collision or accident resulted in damage to a boat or other property in excess of five hundred dollars but does not result in death or injury, the operator shall file within ten days. If the operator is unable to file, then someone acting for the operator may file. The secretary of game, fish and parks may investigate the circumstances of the accident. Any person who fails to file a report as required by this section is guilty of a Class 2 misdemeanor.

Section 2. That § 42-8-69 be amended to read as follows:

42-8-69. No owner of a motorboat which is propelled by a motor of more than six horsepower may allow any person under twelve years of age to operate such a motorboat unless such person is accompanied by a person of at least eighteen years of age. This section does not apply to personal watercraft as defined in § 42-8-2. A violation of this section is a Class 2 misdemeanor.

Section 3. That § 42-8-102 be amended to read as follows:

42-8-102. No person may operate a personal watercraft:

(1) Unless each person aboard is wearing a type I, type II, type III, or type V personal flotation device approved by the United States Coast Guard;

(2) That is equipped by the manufacturer with a lanyard type engine cutoff without attaching such lanyard to his person, clothing, or personal flotation device as appropriate for the specific watercraft;

(3) Between the hours of one-half hour after sunset to one-half hour before sunrise unless the personal watercraft is equipped with navigation lights as required by the Department of Game, Fish and Parks by rules promulgated pursuant to chapter 1-26;

(4) At greater than a slow-no-wake speed within one hundred fifty feet of any dock, swimmer, swimming raft, or nonmotorized boat. Slow-no-wake is the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour;

(5) In other than a reasonable and prudent manner; and

(6) To chase or harass wildlife, or travel through emergent floating vegetation at greater than slow-no-wake speed.

Except in the case of an emergency, no person under the age of ~~twelve~~ fourteen may operate or be permitted to operate a personal watercraft, regardless of horsepower, unless there is a person eighteen years of age or older on board the craft. No owner of a personal watercraft may permit the personal watercraft to be operated by such underage person. The provisions of this section do not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially-sanctioned regatta, race, marine parade, tournament, or exhibition. A violation of this section is a Class 2 misdemeanor."

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1120 which was deferred to the 41st legislative day.

Respectfully submitted,
John Koskan, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1027 and 1039 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 40, 75, 114, 148, 152, 153, 157, and 166 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1009 Introduced by: Representatives McNenny, Apa, Brosz, Derby, Jaspers, Madden, Monroe, Napoli, and Pummel and Senators Kleven, Brown (Arnold), Frederick, and Johnson (William)

A CONCURRENT RESOLUTION, Recommending that an interim study be conducted on the effects of special events on municipal tax valuation.

WHEREAS, certain unique or special events, such as the annual Sturgis motorcycle rally, can have unusual impacts on local economies; and

WHEREAS, some special events in the state cause changes in property values and tax valuations that do not reflect actual use or value during the remainder of the year; and

WHEREAS, such taxation impacts may create an unfair circumstance for other property owners in the area who are not directly connected with the special event:

     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 Executive Board of the Legislative Research Council be requested to appoint an interim study committee to conduct a thorough review of the effects of special events, such as the Sturgis motorcycle rally and other special circumstances, on valuation for taxation purposes in municipalities. The committee shall report its findings to the 1998 Legislature.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on HB 1114 as found on page 286 of the House Journal; also

     Taxation on HB 1135 as found on page 287 of the House Journal; also

     Taxation on HB 1163 as found on page 287 of the House Journal; also

     Agriculture & Natural Resources on HB 1002 as found on page 288 of the House Journal; also

     Commerce on HB 1155 as found on page 288 of the House Journal; also

     Commerce on HB 1070 as found on page 289 of the House Journal; also

     Commerce on HB 1101 as found on page 289 of the House Journal; also

     Commerce on HB 1148 as found on page 289 of the House Journal; also

     Commerce on HB 1185 as found on page 290 of the House Journal; also

     Education on HB 1075 as found on page 290 of the House Journal; also

Education on HB 1085 as found on page 296 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1107 : FOR AN ACT ENTITLED, An Act to establish a fee for mailing or expressing commercial license plates or stickers.

Was read the second time.

     The question being "Shall HB 1107 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 3, 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; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Monroe; Van Gerpen

Excused were:
Hassard; Lee

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 1109 : FOR AN ACT ENTITLED, An Act to revise the minerals and materials that may be mined under a mining license, to revise certain cement plant reporting requirements, and to revise the requirements for signatures on certain cement plant leases and conveyances.

Was read the second time.

     The question being "Shall HB 1109 pass?"

     And the roll being called:

     Yeas 67, Nays 0, 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; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; 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:
Hassard; Lee

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.

Rep. Koskan requested that HB 1165 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

HB 1118 : FOR AN ACT ENTITLED, An Act to revise the municipal bid limits.

Was read the second time.

The question being "Shall HB 1118 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; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; 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:
Moore

Excused were:
Hassard; Lee

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

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

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

Rep. Weber moved that HB 1084 be amended as follows:

" Section 4. Unless otherwise provided pursuant to § 32-25-9.1, the speed limit on any township road is the same as the speed limit on the county roads in the county in which the township is located. Driving in excess of the speed limit established in this section is a Class 2 misdemeanor. The township shall post the speed limit on any township road that intersects and provides access to a portion of highway under state or federal jurisdiction if the speed limit on the township road is different than the speed limit on the intersected highway."

Rep. Koskan moved that Rep. Weber's pending amendment to HB 1084 be amended as follows:

After the last line of the pending amendment, insert " It shall be the responsibility of any county that reduces speed limits to post the new speed limits when entering and exiting their jurisdiction. "

Rep. Putnam moved that HB 1084 with pending amendments be placed to follow HB 1117 on today's calendar.

Which motion prevailed and HB 1084 was so placed.

HB 1121 : FOR AN ACT ENTITLED, An Act to exempt air ambulance transportation services from sales and use tax.

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

Rep. Matthews moved that HB 1121 be deferred until Thursday, February 6th, the 18th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1090 : FOR AN ACT ENTITLED, An Act to exclude uninsured and underinsured motorist coverage from excess or umbrella insurance policies.

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

Rep. Jorgensen moved that HB 1090 be deferred until Thursday, February 6th, the 18th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1096 : FOR AN ACT ENTITLED, An Act to reduce the term of office and revise the qualifications of notaries public.

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

Rep. DeMersseman moved that HB 1096 be deferred until Monday, February 10th, the 20th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1112 : FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions regarding the denial, cancellation, suspension, and revocation of a driver license.

Was read the second time.

     The question being "Shall HB 1112 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 7, Excused 2, Absent and Not Voting 0

     Yeas were:
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; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; 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; Speaker Hagg

Nays were:
Apa; Cutler; Gabriel; Jaspers; Koskan; Napoli; Windhorst

Excused were:
Hassard; Lee

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 1167 : FOR AN ACT ENTITLED, An Act to revise the purposes for which rural electric cooperatives may be organized.

Was read the second time.

     The question being "Shall HB 1167 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 9, 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; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lockner; Lucas; Madden; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Windhorst

Nays were:
DeMersseman; Eccarius; Fiegen; Hagen; Kredit; Matthews; Moore; Wick; Speaker Hagg

Excused were:
Hassard; Lee

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 1169 : FOR AN ACT ENTITLED, An Act to revise certain conditions on collecting real property taxes upon a single-family dwelling.

Was read the second time.

     The question being "Shall HB 1169 pass?"

     And the roll being called:

     Yeas 65, Nays 2, 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; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; 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; Speaker Hagg

Nays were:
Napoli; Windhorst

Excused were:
Hassard; Lee

Absent and Not Voting were:
Gleason

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 1122 : FOR AN ACT ENTITLED, An Act to restrict section-line hunting near cemeteries.

Was read the second time.

Rep. Matthews moved that HB 1122 be deferred until Thursday, February 6th, the 18th legislative day.

Which motion lost.

Rep. Gabriel moved that HB 1122 be placed to follow HB 1084 on today's calendar.

Which motion prevailed and HB 1122 was so placed.

Rep. Volesky now presiding.

HB 1113 : FOR AN ACT ENTITLED, An Act increase the fees for certain documents recorded by the register of deeds.

Was read the second time.

     The question being "Shall HB 1113 pass?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 2, Absent and Not Voting 1

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

Nays were:
Brooks; Cutler; Eccarius; Fiegen; Koetzle; Lucas; Monroe; Moore; Napoli; Wick

Excused were:
Hassard; Lee

Absent and Not Voting were:
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.

HB 1117 : FOR AN ACT ENTITLED, An Act to authorize a county to create a depreciation reserve for capital acquisitions.

Was read the second time.

Rep. Moore moved that HB 1117 be amended as follows:

On page 1 , line 7 of the printed bill , delete " each " and insert " any " .

Which motion prevailed and HB 1117 was so amended.

     The question being "Shall HB 1117 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 13, 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; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lockner; Lucas; Matthews; Monroe; Moore; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Cutler; Eccarius; Fiegen; Hunt; Konold; Madden; McNenny; Munson (Donald); Napoli; Rost; Volesky; Wick; Windhorst

Excused were:
Hassard; Lee

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 Hagg now presiding.

Rep. Gabriel moved that HB 1084 with pending amendments and 1122 be deferred until Thursday, February 6th, the 18th legislative day.

Which motion prevailed and the bills were so deferred.

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

     Rep. Gabriel moved that the rules be suspended for the sole purpose of introducing, giving first reading to and referral to committee of a bill pertaining to an increase in filing fees for estates and guardianships and to dedicate the proceeds thereof.

     The question being on Rep. Gabriel's motion that the rules be suspended for the sole purpose of introducing, giving first reading to and referral to committee of a bill pertaining to an increase in filing fees for estates and guardianships and to dedicate the proceeds thereof.

     And the roll being called:

     Yeas 66, Nays 0, Excused 2, Absent and Not Voting 2

     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; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Hassard; Lee

Absent and Not Voting were:
Van Gerpen; Volesky

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the rules were suspended.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1281 Introduced by: Representatives Monroe, de Hueck, DeMersseman, Gabriel, Hagg, and Koetzle and Senators Hunhoff and Munson (David)

     FOR AN ACT ENTITLED, An Act to provide for an increase in filing fees for estates and guardianships and to dedicate the proceeds for purchase guardianship services for persons who are developmentally disabled.

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 40 : FOR AN ACT ENTITLED, An Act to make certain revisions regarding official actions of the Board of Water and Natural Resources.

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

SB 75 : FOR AN ACT ENTITLED, An Act to clarify the acts that constitute unfair claims practice and establish requirements for claims practices and procedures.

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

SB 114 : FOR AN ACT ENTITLED, An Act to revise certain restrictions on the detention of children in an adult jail or lockup and the physical separation of such children from adult prisoners.

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

SB 148 : FOR AN ACT ENTITLED, An Act to revise the requirements for number and filing of copies concerning the apportionment of foundation program funds.

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

SB 152 : FOR AN ACT ENTITLED, An Act to permit planning directors to approve certain plats.

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

SB 153 : FOR AN ACT ENTITLED, An Act to revise the requirements for selling and purchasing surplus property.

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

SB 157 : FOR AN ACT ENTITLED, An Act to revise the security required of an agent selling hunting and fishing licenses and snowmobile permits, to provide for fees and interest to be charged agents, and to limit the liability of county treasurers.

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

SB 166 : FOR AN ACT ENTITLED, An Act to require a legislative interim study of prepaid post-secondary education tuition plans.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 18 : FOR AN ACT ENTITLED, An Act to provide for the licensure of audiologists and establish a combined board for the regulation of audiologists and hearing aid dispensers.

Was read the second time.

Rep. Hunt moved that SB 18 be amended as follows:

On page 26 of the printed bill , delete lines 10 to 14 , inclusive .

Which motion prevailed and SB 18 was so amended.

     The question being "Shall SB 18 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 15, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Davis; DeMersseman; Derby; Diedrich; Duniphan; Duxbury; Fischer- Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lockner; Lucas; Madden; Matthews; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Speaker Hagg

Nays were:
Crisp; Cutler; Duenwald; Fiegen; Gabriel; Jaspers; Johnson (Doug); Koskan; McNenny; Monroe; Napoli; Putnam; Richter; Wick; Windhorst

Excused were:
de Hueck; Hassard; Lee

Absent and Not Voting were:
Eccarius

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

SB 26 : FOR AN ACT ENTITLED, An Act to revise the requirements for the type of facilities that may be provided assistance concerning absentee ballots during a general election.

Was read the second time.

Rep. Fischer-Clemens moved that SB 26 be amended as follows:

On page 1 , line 5 of the Senate Local Government committee engrossed bill , after " facility " insert " , assisted living center or hospital " .

Which motion prevailed and SB 26 was so amended.

     The question being "Shall SB 26 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 6, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; 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; DeMersseman; Eccarius; Munson (Donald); Napoli; Roe

Excused were:
Hassard; Lee

Absent and Not Voting were:
Cerny

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 80.

Respectfully,
PATRICIA ADAM, Secretary

Rep. Barker moved that the House do now adjourn, which motion prevailed, and at 4:13 p.m. the House adjourned.

KAREN GERDES, Chief Clerk