JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 13, 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 Karen Hart.

     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 twenty-second day and finds the following correction should be made:

    "On page 436 of the House Journal, after line 4, insert:

r-1138

     On page 1 , line 11 , remove the overstrikes from " during the hours of 8 p.m. "

     On page 1 , line 12 , remove the overstrikes from " to 6 a.m. "

     On page 1 , line 12 , delete " if the vehicle is being operated only on the most direct route between the operator's " .

     On page 1 , delete lines 13 to 15 , inclusive .
     On page 1 , line 16 , delete " only " ."

     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 Taxation respectfully reports that it has had under consideration HB 1231 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 1224 and returns the same with the recommendation that said bill be amended as follows:

    
q-1224
     On page 2 , line 17 of the printed bill , overstrike " July " and insert " April " .

     On page 3 , line 11 , delete " June 30 " and insert " March 31 " .

     On page 4 , after line 1 , insert:

"      Section 8. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "


    
q-1224T
     On page 1 , line 1 , after " facilities " insert " and to declare an emergency " .

     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 1212, 1217, and 1244 which were deferred to the 41st legislative day.


Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1115 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dan Matthews, Chair

Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1261 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 HB 1199 and returns the same with the recommendation that said bill be amended as follows:

    
t-1199
     On page 1 , after line 14 of the printed bill , insert " This section does not apply to any concentrated animal feeding operation that was operating on or before the effective date of this Act. This section does not limit or prohibit the expansion of any concentrated animal feeding operation that was operating on or before the effective date of this Act. "


     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1158, 1187, and 1194 which were deferred to the 41st legislative day.


Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1192 and SB 104, 107, 111, 162 and 207 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 1240 and returns the same with the recommendation that said bill be amended as follows:
    
j-1240

     On page 1 , line 12 of the printed bill , after " institution. " insert " As a condition of continued enrollment, the student shall maintain health insurance coverage as required by this section during any period of enrollment. " .

     On page 2 , line 5 , after " institution. " insert " As a condition of continued enrollment, the student shall maintain health insurance coverage as required by this section during any period of enrollment. " .

     On page 2 , after line 11 , insert:

"     Section 4. The provisions of sections 1 and 2 of this Act do not apply to any person who has been rejected by at least two health insurers for coverage substantially similar to the health care insurance available through the institution without material underwriting restriction at a rate equal to or less than the rate for the health care insurance available through the institution. "


     j-1240b
     On page 1 , line 6 of the printed bill , delete " five " and insert " eight " .

     On page 1 , line 15 , delete " five " and insert " eight " .

     On page 2 , line 8 , delete " five " and insert " eight " .


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1193 which was deferred to the 41st legislative day.


Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

    The Committee on Health and Human Services respectfully reports that it has reconsidered HB 1233 and returns the same without recommendation.


Respectfully submitted,
Kristie Fiegen, Chair


MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1107 and 1141 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to transmit herewith SB 158, 160, 242, 245, 269, and SJR 2 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

CONSIDERATION OF REPORTS OF COMMITTEES



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

     Transportation on HB 1138 as found on page 459 of the House Journal; also

     State Affairs on HB 1274 as found on page 436 of the House Journal; also

     State Affairs on HJR 1009 as found on page 437 of the House Journal be adopted.
    Which motion prevailed and the reports were adopted.

     Rep. Richard Brown moved that HB 1138 be placed on the calendar of Friday, February 14th, the 24th legislative day.

     The question being on Rep. Richard Brown's motion that HB 1138 be placed on the calendar on Friday, February 14th, the 24th legislative day.

     And the roll being called:

     Yeas 49, Nays 20, 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; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Jorgensen; Koetzle; Konold; Kooistra; Kredit; Lockner; Lucas; Matthews; Monroe; Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Wick; Speaker Hagg

     Nays were:
Diedrich; Duenwald; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koskan; Lee; Madden; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Schrempp; Volesky; Waltman; Weber; Wetz; Windhorst

     Absent and Not Voting were:
Putnam

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1138 was so placed.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1234   :   FOR AN ACT ENTITLED, An Act   to provide certain compensation to legislators for constituent services.

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

     The question being "Shall HB 1234 pass?"

     And the roll being called:

     Yeas 40, Nays 30, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; DeMersseman; Duxbury; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Richter; Rost; Schaunaman; Sokolow; Weber; Wetz; Speaker Hagg

     Nays were:
Apa; Brosz; Cerny; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Gleason; Hassard; Kazmerzak; Konold; Koskan; Madden; Monroe; Moore; Napoli; Peterson (Bill); Roe; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Wick; Windhorst

     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 1164   :   FOR AN ACT ENTITLED, An Act   to authorize sanctions for inmate abuse of the court system and to require inmate financial responsibility for costs incurred or benefits reaped from the court actions.

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

     The question being "Shall HB 1164 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 8, Excused 1, Absent and Not Voting 0

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

     Nays were:
Collier; de Hueck; Haley; Lucas; Schrempp; Sokolow; Sperry; Waltman

     Excused were:
Duxbury

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.

     Rep. Hunt moved that the title to HB 1164 be amended as follows:

r-1164T
     On page 1 , line 2 of the House Judiciary committee engrossed bill , delete " or benefits reaped " .

     Which motion prevailed and the title was so amended.

     HB 1259   :   FOR AN ACT ENTITLED, An Act   to provide certain provisions regarding inmate assault against Department of Corrections employees.

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

o-1259

     Rep. Gabriel moved that HB 1259 be amended as follows:

     On page 1 , line 7 of the House Judiciary committee engrossed bill , delete " body fluids " and insert " blood, emesis, mucus, semen " .

     On page 1 , line 7 , after " to " insert " intentionally " .

    Rep. Hunt moved that Rep. Gabriel's pending amendment to HB 1259 be amended as follows:

    "Delete line 3 and insert: "On page 1, line 6, after "who" insert "intentionally"."

     Which motion prevailed and Rep. Gabriel's pending amendment to HB 1259 was so amended.

    The question now being on Rep. Gabriel's pending amendment as amended.

     Which motion prevailed and HB 1259 was so amended.

     The question being "Shall HB 1259 pass as amended?"

     And the roll being called:

     Yeas 51, Nays 17, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; Cutler; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Lee; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Barker; Collier; Davis; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; Matthews; Schrempp; Sokolow; Sperry; Waltman

     Excused were:
Duxbury

     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.

     HB 1178   :   FOR AN ACT ENTITLED, An Act   to make persons who fail to develop certain erosion and sediment control plans ineligible for certain state financial assistance.

     Was read the second time.

     Rep. de Hueck moved that HB 1178 be deferred until Friday, February 14th, the 24th legislative day.

     Which motion prevailed and the bill was so deferred.

     HB 1076   :   FOR AN ACT ENTITLED, An Act   to provide that the school district of residence of certain foster children is the resident district of the foster parent.

     Was read the second time.

     The question being "Shall HB 1076 pass as amended?"

     And the roll being called:

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

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

     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.

     HB 1077   :   FOR AN ACT ENTITLED, An Act   to allow for the purchase of certain items out of a school district's capital outlay fund.

     Was read the second time.

     The question being "Shall HB 1077 pass as amended?"

     And the roll being called:

     Yeas 56, Nays 13, Excused 0, Absent and Not Voting 1

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

     Nays were:
Apa; Derby; Duenwald; Gabriel; Koskan; Kredit; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Wetz; 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.

     HB 1209   :   FOR AN ACT ENTITLED, An Act   to revise the date by which school district budgets are to be reported.

     Was read the second time.

     The question being "Shall HB 1209 pass as amended?"

     And the roll being called:

     Yeas 67, Nays 2, 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; 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; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Windhorst; Speaker Hagg

     Nays were:
DeMersseman; Wetz

     Absent and Not Voting were:
Schrempp

     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 1204   :   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 second time.

     The question being "Shall HB 1204 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; 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; Lockner; Lucas; Madden; Matthews; McNenny; Moore; 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:
de Hueck; Monroe; Munson (Donald)

     Excused were:
Brosz

     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 1245   :   FOR AN ACT ENTITLED, An Act   to define self-service storage facilities, to provide a lien on all personal property stored at such facilities, and to provide a procedure for the enforcement of such lien.

     Was read the second time.

     The question being "Shall HB 1245 pass as amended?"

     And the roll being called:

     Yeas 55, Nays 14, Excused 1, Absent and Not Voting 0

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

     Nays were:
Apa; Collier; de Hueck; Diedrich; Fitzgerald; Haley; Koskan; Lucas; McNenny; Rost; Schrempp; Sokolow; Sperry; Waltman

     Excused 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.

     HJR 1007   :   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 second time.

     The question being "Shall HJR 1007 pass?"

     And the roll being called:

     Yeas 21, Nays 49, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Cerny; Davis; DeMersseman; Duxbury; Fischer-Clemens; Fitzgerald; Hagen; Haley; Johnson (Doug); Koetzle; Kooistra; Lee; Lockner; Lucas; McNenny; Munson (Donald); Pederson (Gordon); Schaunaman; Waltman; Speaker Hagg

     Nays were:
Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Gabriel; Gleason; Hassard; Hunt; Jaspers; Jorgensen; Kazmerzak; Konold; Koskan; Kredit; Madden; Matthews; Monroe; Moore; Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst

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


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 158   :   FOR AN ACT ENTITLED, An Act   to allow the Cosmetology Commission to license nail technicians separately from other cosmetologists, to provide for a nail shop license, and to revise certain provisions concerning the Cosmetology Commission.

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

     SB 160   :   FOR AN ACT ENTITLED, An Act   to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

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

     SB 242   :   FOR AN ACT ENTITLED, An Act   to revise the public records law to clarify certain disclosures.

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

     SB 245   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to child support.

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

     SB 269   :   FOR AN ACT ENTITLED, An Act   to increase the penalties for certain hunting and fishing violations and to provide for an increase in the civil liquidated damages payable to the Department of Game, Fish and Parks under certain circumstances.

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

     SJR 2   :   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to the South Dakota Retirement System.

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


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 37   :   FOR AN ACT ENTITLED, An Act   to authorize the Board of Water and Natural Resources to contract for financial services, to provide for the confidentiality of certain proprietary information, and to authorize additional forms of financial assistance by the board.

     Was read the second time.

     The question being "Shall SB 37 pass?"

     And the roll being called:

     Yeas 46, Nays 23, Excused 0, Absent and Not Voting 1

     Yeas were:
Barker; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; DeMersseman; Derby; Duenwald; Duniphan; Duxbury; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Konold; Kooistra; Kredit; Lee; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Peterson (Bill); Pummel; Putnam; Roe; Schaunaman; Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Wetz; Speaker Hagg

     Nays were:
Apa; Belatti; Brown (Richard); Collier; Cutler; de Hueck; Diedrich; Eccarius; Fiegen; Gabriel; Hassard; Kazmerzak; Koskan; Lockner; Matthews; Napoli; Pederson (Gordon); Richter; Rost; Sokolow; Weber; Wick; Windhorst

     Absent and Not Voting were:
Waltman

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

     SB 39   :   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding water user districts and water development districts.

     Was read the second time.

f-39

     Rep. Crisp moved that SB 39 be amended as follows:

     On page 2 , line 14 of the printed bill , delete everything after " . " .

     On page 2 , delete line 15 .

     On page 2 , line 16 , delete everything before " Any " .

     On page 3 , line 12 , delete " If " .

     On page 3 , line 12 , overstrike " there is no newspaper of general circulation " .

     On page 3 , delete lines 13 and 14 and insert " published in such county, copies of such petition shall be posted in three of the most public places in such county at least two weeks before the filing of ".

     On page 3 , line 15 , delete " meeting " .

     On page 3 , line 15 , overstrike " . "


     Which motion prevailed and SB 39 was so amended.

     The question being "Shall SB 39 pass as amended?"

     And the roll being called:

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

     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; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; 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; Wetz; Wick; Speaker Hagg

     Nays were:
Cutler; Hassard; Lucas; Volesky; Weber; Windhorst

     Absent and Not Voting were:
Waltman

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

     SB 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 second time.

     The question being "Shall SB 40 pass?"

     And the roll being called:

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

     Yeas were:
Brooks; Cerny; Chicoine; Madden; Schrempp

     Nays were:
Apa; Barker; Belatti; Broderick; Brosz; Brown (Jarvis); Brown (Richard); 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; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Waltman

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

     There being no objection, the House reverted to Order of Business No. 5.


REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill do pass.


Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 153 and 192 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 1082 and returns the same with the recommendation that said bill be amended as follows:
    
f-1082

     On page 1 , line 10 of the printed bill , delete " three-fifths " and insert " two-thirds " .

     On page 1 , after line 13 , insert:
"      Section 2. That § 11-2-2 be amended to read as follows:
     11-2-2.   For the purpose of promoting health, safety, morals , and the general welfare of the county, the board of county commissioners of each county in the state, shall appoint a commission of three five or more members, the total membership of which shall always be an uneven number and at least one member of which shall be a member of the board, to be known as the county planning commission. Such commission shall also be the county zoning commission. "

    
f-1082t

     On page 1 , line 2 of the printed bill , after " adjustment " insert " and to increase the minimum number of members appointed to the planning and zoning commission " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill be amended as follows:
    
f-1246b
     On page 6 , line 3 of the printed bill , delete " and have " .

     On page 6 , delete line 4 .

     On page 6 , line 5 , delete " commissioners under chapter 46A-10A " .

     On page 7, line 3, after ";" insert "and".

     On page 7 , delete lines 4 and 5.

     On page 7, line 7, delete "whether" and insert "if".

     On page 7, delete line 8 and insert "have land located within the drainage district."


     And that as so amended said bill do pass.

Respectfully submitted,
Kay Jorgensen, Chair



Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing and Enrolling has carefully compared HB 1041, 1061, and 1062 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair



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 56 and 67.

Respectfully,
PATRICIA ADAM, Secretary

SIGNING OF BILLS


     The Speaker publicly read the title to

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

     HB 1061: FOR AN ACT ENTITLED, An Act  to establish the crime of enticing a child and to provide a penalty therefor.

     HB 1062: FOR AN ACT ENTITLED, An Act  to allow more time for a mental illness hearing.

     And signed the same in the presence of the House.

     Rep. Lee moved that the House do now adjourn, which motion prevailed, and at 4:09 p.m. the House adjourned.

KAREN GERDES, Chief Clerk