House Journal 02/18/1997 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-SECOND SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 18, 1997

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by House page Rhonda Voegeli.

     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-fifth 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 Legislative Procedure respectfully reports that HB 1041, 1061, 1062, 1065, 1099, 1107, and 1141 were delivered to his Excellency, the Governor, for his approval at 9:53 a.m., February 18, 1997.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

t-1229b

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

" Section 1. That chapter 34A-2 be amended by adding thereto a NEW SECTION to read as follows:

In addition to any other tax or fee levied by law, and notwithstanding the provisions of § 34A-2-117, there is hereby imposed an annual fee on all concentrated animal feeding operations that are required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications pursuant to § 34A-2-27. The fee is two hundred fifty dollars for operations with two thousand or more animal units, one hundred seventy-five dollars for operations with one thousand to one thousand nine hundred ninety-nine animal units, and one hundred dollars for operations with less than one thousand animal units. The obligation to pay the fee is on the person filing the application for the water pollution control permit or the person required to obtain plans and specifications approval and accrues on July first of each year. By August first of each year, the Department of Environment and Natural Resources shall submit a billing to each person obligated to pay the fee. The fee is due and payable by September thirtieth and shall be remitted to the Department of Revenue.

There is hereby established in the environment and natural resources fee fund established in § 1-40-30 the concentrated animal feeding operation administrative subfund. The subfund consists of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to this section. The subfund shall be maintained separately and be administered by the Department of Environment and Natural Resources in order to defray the expenses associated with administering the concentrated animal feeding operation program. Expenditures from the subfund shall be appropriated through the normal

budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature. "

t-1229t

On page 1 , line 1 of the printed bill , delete " swine " and insert " livestock " .

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 1122 which was deferred to the 41st legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1253 and returns the same with the recommendation that said bill be amended as follows:

Z-1253

Delete all previous amendments to HB 1253.

On page 1 of the printed bill , delete lines 5 to 16 , inclusive .

On page 2 , delete lines 1 to 21 , inclusive .

On page 2 , line 23 , after " plan, " insert " and " .

On page 2 , line 23 , delete " and implement sections 1 to 6, inclusive, of this Act " and insert " a visitation enforcement program " .

On page 3 , line 8 , after " fund " insert " expenditure " .

On page 3 , line 8 , after " System " insert " to allow for acceptance of a grant from the Department of Social Services of moneys obtained from Part D of Title IV (U.S.C. 651-669), as amended, " .

On page 3 , line 9 , delete " and implement sections 1 to 6, of this Act " and insert " a visitation enforcement program " .

On page 3 , line 9 , after " However " insert " , " .

On page 3 , line 11 , delete " section 8 of " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1134 and 1221 which were tabled.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1157 and 1166 which were deferred to the 41st legislative day.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1271 and returns the same with the recommendation that said bill be amended as follows:

f-1271

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

" The Executive Board of the Legislative Research Council is requested to appoint an interim study committee to conduct a thorough review of property taxes, classification of property, property tax levies, and property tax exemptions. The committee, if appointed, shall report its findings to the 1998 Legislature. "

f-1271t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " request that interim study be conducted of property taxes, classification of property, property tax levies, and property tax exemptions. "

On page 1 , delete lines 2 to 5 , inclusive .

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 1279 and returns the same with the recommendation that said bill be amended as follows:

f-1279

On page 2 , line 5 of the printed bill , after " . " insert " For financial institutions described in § 10-43-88 which file as part of a consolidated report pursuant to § 10-43-36, the annual minimum tax set forth in this section shall be met if the consolidated report shows total tax pursuant to chapter 10-43 in excess of the minimum set forth in this section. "

On page 2 , line 6 , after " in " insert " section 4 of " .

On page 3 , line 8 , after " bank " insert " or trust company " .

On page 3 , line 9 , after " bank " insert " or trust company " .

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 1258 and returns the same with the recommendation that said bill be amended as follows:

f-1258e

On page 386 of the House Journal , between lines 17 and 18 , insert:

" Section 3. That § 10-13-39 be amended to read as follows:

10-13-39. Each owner-occupied single-family dwelling in this state is specifically classified for the purpose of taxation. For the purposes of this section, an owner-occupied single-family dwelling is a house, condominium apartment, town house, town home, housing cooperatives where membership in the cooperative is strictly limited to stockholder occupants of the building, chapter houses of house corporations with an active fraternity or sorority chapter authorized and recognized by South Dakota colleges or universities and if such corporations are nonprofit, and recognized as an exempt organization under sections 501(c)(3) or 501(c)(7) of the Internal Revenue Code, as amended, and in effect on January 1, 1997, and manufactured or mobile home as defined in § 32-3-1, which is assessed and taxed as a separate unit, including an attached or unattached garage and the parcel of land upon which the structure is situated as recorded in the records of the director of equalization. The owner of each owner-occupied single-family dwelling shall receive a twenty percent credit toward the property taxes, except special assessments, payable in 1996. A person may receive a credit on only one owner-occupied single-family dwelling per year. "

f-1258tb

On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " revise the specific classification of certain property owned by nationally chartered fraternal organizations. "

On page 1 , delete line 2 .

And that as so amended said bill do not pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HCR 1009 which was deferred to the 41st legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has reconsidered HB 1152 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Richard “Dick” Brown, Chair

MOTIONS AND RESOLUTIONS

     HCR 1005 : A CONCURRENT RESOLUTION, Urging the Board of Regents to make hospice care and pain management part of the core curriculum of the University of South Dakota Medical School and requesting the Department of Health to educate the public about the availability of hospice care and pain management for terminally ill persons.

    Rep. Belatti moved that HCR 1005 as found on page 237 of the House Journal be adopted.

     The question being on Rep. Belatti's motion that HCR 1005 be adopted.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; 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

Nays were:
DeMersseman

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

     HCR 1011 : A CONCURRENT RESOLUTION, Memorializing Congress to fully fund federal impact aid to local school districts.

     Rep. Gabriel moved that HCR 1011 as found on page 517 of the House Journal be adopted.

     The question being on Rep. Gabriel's motion that HCR 1011 be adopted.

     And the roll being called:

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

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

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1011 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on HB 1180 as found on page 506 of the House Journal; also

     State Affairs on HB 1275 as found on page 506 of the House Journal; also

     State Affairs on HB 1277 as found on page 507 of the House Journal; also

     Judiciary on HB 1071 as found on page 510 of the House Journal; also

     Judiciary on HB 1218 as found on page 511 of the House Journal; also

     Transportation on HB 1129 as found on page 515 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

     Rep. Chicoine moved that HB 1158 be placed on the calendar of Wednesday, February 19th, the 27th legislative day.

     The question being on Rep. Chicoine's motion that HB 1158 be placed on the calendar of Wednesday, February 19th, the 27th legislative day.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber

Nays were:
Broderick; Brooks; Brown (Richard); DeMersseman; Duenwald; Duniphan; Eccarius; Fiegen; Hassard; Konold; Madden; McNenny; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Wetz; Wick; Windhorst; Speaker Hagg

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HB 1158 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

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 second time.

The question being "Shall SB 89 pass?"

And the roll being called:

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

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

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

Rep. Wetz requested that SB 90 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 204 : FOR AN ACT ENTITLED, An Act to revise the number of days that a temporary snowmobile license permit is valid.

Was read the second time.

     The question being "Shall SB 204 pass?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; 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; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Fiegen; Van Gerpen

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. Koetzle requested that SB 59 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1171 : FOR AN ACT ENTITLED, An Act to revise the types of property exempt from taxation.

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

f-1171h

Rep. Cutler moved that HB 1171 be amended as follows:

On the House Taxation committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 10-4-9.3 be amended to read as follows:

10-4-9.3. Property owned by any corporation, organization , or society and used primarily for human health care and health care related purposes is exempt from taxation. Such corporation, organization , or society must be nonprofit and recognized as an exempt organization under section 501(c)(3) of the United States Internal Revenue Code ~~of 1954~~ , as amended, and in effect on January 1, ~~1986~~ 1997 , and may not have any of its assets available to any private interest. Such property may be a hospital, sanitarium, orphanage, mental health center or adjustment training center regulated under chapter 27A-5, asylum, home, resort, congregate housing , or camp. Congregate housing is health care related if it is an assisted, independent group-living environment with supporting services operated by a health care facility licensed under chapter 34-12 ~~which offers~~ and if at least seventy-five percent of the residential accommodations ~~and supporting services primarily for~~ are occupied by any combination of persons at least sixty-two years of age with an annual household income of less than fifteen thousand five hundred dollars or disabled as defined under chapter 10-6A. Supporting services must include the ability to provide health care and must include a food service which provides a balanced nutrition program. Such health care facility must admit all persons for treatment consistent with the facility's ability to provide medical services required by the patient until such facility is filled to its ordinary capacity and must conform to all regulations of and permit inspections by the South Dakota Department of Health. "

Rep. Belatti requested that Joint Rule 5-17 be invoked on HB 1171.

Which request was supported and HB 1171 with Rep. Cutler's pending motion to amend was deferred until Thursday, February 20th, the 28th legislative day.

HB 1261 : FOR AN ACT ENTITLED, An Act to provide for the promulgation of rules governing inspections of certain swine facilities.

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

Rep. Broderick moved that HB 1261 be deferred until Thursday, February 20th, the 28th legislative day.

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

     The question being on Rep. Broderick's motion that HB 1261 be deferred until Thursday, February 20th, the 28th legislative day.


     And the roll being called:

     Yeas 56, Nays 14, Excused 0, Absent and Not Voting 0

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

Nays were:
Barker; Cerny; Collier; Davis; Gleason; Kazmerzak; Lockner; Monroe; Moore; Schrempp; Sokolow; Sperry; Volesky; Waltman

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1261 was deferred.

HB 1233 : FOR AN ACT ENTITLED, An Act to prohibit the expansion of the number of certain licensed hospital beds.

Was read the second time.

q-1233c

Rep. Gabriel moved that HB 1233 be amended as follows:

On page 3 , line 9 of the printed bill , after " explosions; " delete " or " .

On page 3 , line 11 , delete " deficiencies. " and insert " deficiencies; or " .

On page 3 , after line 11 , insert:

" (4) A new specialized hospital for which plans were approved for construction by the Department of Health prior to March 1, 1997.

Section 5. Sections 3 and 4 of this Act are repealed on June 30, 1999. "

j-1233

Rep. Hagg moved as a substitute motion that HB 1233 be amended as follows:

On page 2 , line 7 of the printed bill , delete " specialized " .

On page 3 , line 9 , after " explosions; " delete " or " .

On page 3 , line 11 , delete " deficiencies. " and insert " deficiencies; or " .

On page 3 , after line 11 , insert:

" (4) A new specialized hospital for which plans were approved for construction by the Department of Health prior to March 15, 1997.

Section 5. The Executive Board of the Legislative Research Council shall provide for an interim study of the necessity to limit the number of licensed hospital beds in the state. The results of such study shall be reported to the 1998 Legislature.

Section 6. Sections 3 and 4 of this Act are repealed on June 30, 1998. "

A roll call vote was requested and supported.

     Rep. Matthews rose to a point of order concerning whether this motion required a two- thirds majority vote. The Speaker ruled a simple majority vote was required.

     The question being on Rep. Hagg's substitute motion that HB 1233 be amended.

     And the roll being called:

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

     Yeas were:
Broderick; Brosz; Brown (Richard); Crisp; Cutler; de Hueck; Diedrich; Duniphan; Eccarius; Fiegen; Fitzgerald; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Madden; Matthews; McNenny; Monroe; Napoli; Peterson (Bill); Pummel; Richter; Roe; Rost; Smidt; Weber; Wick; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Brooks; Brown (Jarvis); Cerny; Chicoine; Collier; Davis; DeMersseman; Derby; Duenwald; Duxbury; Fischer-Clemens; Gabriel; Gleason; Hagen; Haley; Hassard; Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Moore; Munson (Donald); Pederson (Gordon); Putnam; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Windhorst

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

     The question now being on Rep. Gabriel's motion that HB 1233 be amended.

     A roll call vote was requested and supported.

     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent and Not Voting 0

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

Nays were:
Collier; Derby; Eccarius; Fitzgerald; Hassard; Jorgensen; Kazmerzak; Napoli; Volesky; Weber; Windhorst; Speaker Hagg

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1233 was so amended.

r-1233b

Rep. de Hueck moved that HB 1233 be further amended as follows:

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

"
Section 1. The Legislature finds that the unnecessary construction or modification of health care facilities and the purchase of unnecessary equipment by health care facilities threatens the financial ability of the public to obtain necessary medical services. It is therefore the purpose of this Act to reduce unnecessary cost for health care by controlling unnecessary duplication of services and to promote efficient use of existing resources.

Section 2. Terms used in this Act mean:

(1) "Affected area," the service area of the proposed project as defined in the state medical facilities plan developed by the state office of health planning and development, or in the event the state medical facilities plan does not exist or does not delineate a specific service area for a project, the service area will be that proposed by the applicant subject to the approval of the department;

(2) "Affected persons," includes health care facilities in the affected area, the area health systems agency, the state health coordinating council, health care facilities located outside of the affected area but providing services to the affected area of the proposed project, health care facilities which, before the receipt by the department of the proposal to be reviewed, have by letter of intent indicated an interest in providing a similar service to the affected area;

(3) "Ambulatory surgery center," a facility which is not part of a hospital and which provides surgical treatment to patients not requiring hospitalization, but does not include the offices of private physicians or dentists whether for individual or group practice;

(4) "Applicant," a partnership, association, corporation, or person proposing to operate or own and operate, or now operating or owning and operating a health care facility subject to the provisions of this Act;

(5) "Categories," supervised personal care, nursing home care, and hospital;

(6) "Certificate and certificate of need," a certificate of need issued by the department in accordance with this Act;

(7) "Commencement of a construction project," the letting of enforceable contracts or the purchase of building materials in excess of five percent of the estimated total project cost;

(8) "Commencement of a project involving only the acquisition of equipment," the signing of a binding lease contract or a binding purchase order;

(9) "Construction or modification," the building, erection, alteration, reconstruction, modernization, improvement, or extension of a facility or acquisition by purchase, lease, or donation of a facility for the provision of institutional health care services;

(10) "Date of notification," the date stated after 'notification date' within the letter informing the applicant of the decision of the department regarding the applicant's application for a certificate of need. This date shall be seven calendar days following the date of the letter of notification;

(11) "Decision," the granting, denial, or referral for further study of an application for certificate of need by the department, or the reversal, affirmation, or modification of any such decision upon appeal;

(12) "Department," the Department of Health;

(13) "Findings," the ascertainment of facts by the department with respect to the requirements enumerated in section 8 of this Act;

(14) "Health care facility," includes all facilities licensed under chapter 34-12, kidney disease treatment centers, health maintenance organizations, and ambulatory surgery centers;

(15) "Health systems agency," the entity or entities in the state designated or conditionally designated by the secretary of the United States Department of Health, Education, and Welfare to fulfill the responsibilities of a health systems agency as defined in P.L. 93-641, the National Health Planning and Resource Development Act of 1974, signed January 4, 1975, and 42CFR, part 122, which became effective on March 26, 1976;

(16) "Hospital," an establishment with an organized medical staff with permanent facilities that include inpatient beds and is primarily engaged in providing, by or under the supervision of physicians, to inpatients any of the following services: diagnostic or therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or sick persons; obstetrical services including the care of the newborn; and rehabilitation services for injured, disabled, or sick persons;

(17) "Health maintenance organization," all facilities certified under chapter 58-41;

(18) "Institutional health services," clinically related diagnostic, treatment, or rehabilitative services, including alcohol, drug abuse, and mental health services;

(19) "Kidney disease treatment center," a facility established for the purpose of renal dialysis treatment;

(20) "New institutional health services," a health service which was not previously available in or through the health care facility on a regular basis for at least a twelve- month period before the application date;

(21) "Nursing care facility," a facility which is maintained and operated for the express or implied purpose of providing care for a person or persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician on a twenty-four hour per day basis; or a facility which is maintained and operated for the express or implied purpose of providing care for a person or persons, whether for consideration or not, who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition require medical care and health services which can be made available to them only through institutional facilities;

(22) "Provider of health care,"

(a) A direct provider of health care, including a physician, dentist, nurse, podiatrist, or physician assistant, whose primary current activity is the provision of health care to individuals or the administration of facilities or institutions, including hospitals, long-term care facilities, outpatient facilities, and health maintenance organizations, in which such care is provided and when required by state law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provisions or administration; or

(b) An indirect provider of health care who:

(i) Holds a fiduciary position with, or has a fiduciary interest in, any entity described in subparagraph (B) or (D) of paragraph (ii) of this subdivision;

(ii) Receives, either directly or through the person's spouse, more than one- tenth of the person's gross annual income for any one or combination of the following:

(A) Fees or other compensation for research into or instruction in the provision of health care;

(B) Entities engaged in the provision of health care or related research or instruction;

(C) Producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care;

(D) Entities engaged in producing drugs or related activities.

(iii) Is engaged in issuing any policy of contract of individual or group health insurance or hospital or medical service benefits.

(23) "Purchase or lease of equipment," the acquisition by purchase, lease, or donation of diagnostic or therapeutic equipment which shall include the replacement of existing equipment by a health care facility;

(24) "Supervised personal care facility," an establishment which is maintained and operated to provide personal care and service to five or more persons, whether for consideration or not, who by reason of age or infirmity are dependent upon the services of others to carry out normal daily living activities, to regulate their living habits, or to protect them from environmental and other hazards.

Section 3. The department, shall prepare and publish at least annually a summary of the official activities of the department relative to this Act and shall, upon request, provide in writing the status of the department review of a project within fifteen days following receipt of the request by the department.

Section 4. Transfer of a certificate of need is permitted by the department only if the transferee can justify in writing an ability to comply with the commitments made in the original application for the certificate of need and during the review process.

Section 5. No person intending to construct or modify a health care facility or purchase or lease diagnostic or therapeutic equipment for health care which may require a certificate of need may engage architectural, professional consultation, or fund raising services until notice has been given to the department and the affected health systems agency of its intention to engage the services on forms provided by the department.

The department and the health systems agency are not required to accept or act upon a proposal if the notice required by this section has not been given. Nothing in this section limits the right to engage architectural, professional consultation, or fund raising services following the proper notification as required in this section.

Section 6. Application for a certificate of need shall be submitted simultaneously to the department and the affected health systems agency on forms provided by the department.

Section 7. Each proposal shall contain information, where applicable, concerning the following:

(1) The geographic area likely to be served;

(2) The population likely to be served;

(3) The anticipated need for the facility or service to be provided by the proposal;

(4) A description of the construction or modification which shall include capital expenditure contemplated, the estimated annual operating cost, the anticipated salary cost, numbers of new staff necessitated by the proposal, and schematic drawings that are to scale, showing layout and location, with label functions by room;

(5) The anticipated effect of the proposal upon the charges for health care by the applicant;

(6) Existing institutions within the affected area that offer the same or similar services, the extent of utilization of existing facilities or services, and the anticipated effect that the proposal will have on existing facilities and services;

(7) The anticipated health benefit to the area that will result from the proposal;

(8) The relationship of the proposed construction to any pertinent priorities which have been established for the area to be served;

(9) The availability and manner of financing of the proposed construction or modification, and the estimated date of commencement and completion of the project;

(10) Management capability of the institution submitting the proposal;

(11) Professional capability of the institution submitting the proposal;

(12) Alternative methods, other than that for which a certificate of need is being sought, that the applicant feels would satisfy the presumed health care need.

Section 8. The department shall consider at least the following items when reviewing an application for a certificate of need:

(1) The need for the proposed project in the affected area. Applications for additional beds shall include a description of the bed need for the affected area;

(2) The conformance of the proposal to health plans pertinent to the project;

(3) The anticipated cost of the proposed service or services to the health care consumer;

(4) The availability of alternative services in the affected area of the proposed services which could serve as substitutes for the proposed service;

(5) The impact on affected persons if a certificate of need is not granted for the proposed service;

(6) The possible economies and improvement of service that may be derived from joint, cooperative, or shared health care services;

(7) The availability and manner of financing the cost of the proposed construction or modification;

(8) The adequacy of financial resources and sources of future revenue to support the proposed service following the completion of construction or modification;

(9) The length of time required for the obtainment of diagnostic or therapeutic equipment or a proposed construction or modification project or both to be completed and meet the demonstrated need;

(10) The influence of the proposed project on other health services in the affected area;

(11) The availability of sufficient personnel with the required occupational qualifications to operate a proposed project;

(12) The management and professional capability of any person proposing a project including reports of past performance recorded by the applicable state regulatory agency;

(13) The existing special circumstances, services, or programs of an applicant institution for health care, health research, or health education which renders a demonstrated service outside of the defined affected area of the applicant.

Section 9. In reviewing each proposal, the department may hold a public hearing. If a public hearing is held, the department shall:

(1) Provide notice of a public hearing by publication in a newspaper of general circulation in the affected area. The notice shall be published for two successive weeks with the first notice appearing at least ten days prior to the hearing date;

(2) Not charge a fee for a public hearing;

(3) Allow any interested person the opportunity to be heard, to be represented by counsel, to present oral and written evidence, and to confront and cross-examine opposing witnesses at the public hearing;

(4) Provide a transcript of the hearing at the expense of any individual requesting it if the transcript is requested of the department at least three days prior to the hearing; and

(5) Notify affected persons in writing.

Section 10. All reviews shall be completed in one hundred five days. In the event of extenuating circumstances and with prior approval of the applicant, the review may be extended. The health systems agency shall be allowed sixty days from the beginning of the review period as defined by the department to submit recommendations to the department in other than the abbreviated review procedure. The department shall provide written notice of the beginning of the review period to the applicant and the affected health systems agency.

Section 11. The department may deny, refer for additional study, or grant a certificate of need based on criteria set forth in section 8 of this Act. The granting of a certificate of need may contain conditions agreeable to the applicant and the department that do not alter the scope or purpose of the project.

Section 12. The department shall adopt a procedure for processing applications for projects having an impact which would indicate that an abbreviated review is appropriate. A project which is determined to be subject to review may be declared eligible for an abbreviated review upon compliance with any of the following criteria:

(1) Any increase in licensed bed capacity of a health care facility which increases the total number of beds, or redistributes beds among various categories or that relocates beds from one facility to another, by less than ten beds or ten percent of total bed capacity;

(2) Capital expenditure projects which are required to remedy an emergency situation detected not more than thirty days prior to the request for an abbreviated review determination and which threatens the safety of patients or the ability of the institution to remain in operation;

(3) Rules promulgated by the department to declare the project eligible for abbreviated review.

The department shall make available its findings, decision, and rationale for such decisions, and data and recommendation concerning the proposal to any individual upon request. The department may charge a fee for provision of requested information.

Section 13. If the decision of the department is contrary to the recommendation of the affected health systems agency, the department shall set forth in detail in writing the reasons for not accepting the recommendations. Any decision of the department by granting or denying a certificate of need shall be afforded review by the Office of Hearing Examiners in accordance with the provisions of chapter 1-26D.

Section 14. No construction or modification or purchase or lease of diagnostic or therapeutic equipment by or on behalf of a health care facility may be commenced unless a certificate of need has been issued in accordance with this Act.

Section 15. A certificate of need is required for any one or any combination of the following circumstances:

(1) Expenditure of one hundred fifty thousand dollars or more by a health care facility resulting in facility construction or modification; the purchase or lease of diagnostic or therapeutic equipment; or any combination thereof;

(2) A new institutional health service in a health care facility;

(3) A bed increase in licensed capacity or permanent change in bed categories;

(4) Pre-development action in excess of one hundred fifty thousand dollars.

No person may separate portions of a single project into components in order to avoid the one hundred fifty thousand dollar limitation of this section.

Section 16. The department may waive the certificate of need review procedure in the instance of emergency situations created by natural disasters such as tornadoes, floods, or other disasters such as fire or explosions.

Section 17. A certificate of need shall be considered void if the project for which the certificate was issued has not commenced within one year of the date of notification of the certificate, or if the project has not been completed and ready for licensure within four years of the date of notification by the department. If a project is begun on time but is not completed within the specified time period, the certificate of need may be extended only if reasons for delays beyond the control of the applicant are submitted to and approved by the department.

Section 18. The department may not issue a license to operate if a certificate of need was not obtained for a new health care facility. The department may revoke the license to operate an existing health care facility if construction, modification, or addition of equipment is in

violation of section 14 of this Act. No health care facility in violation of section 14 of this Act is eligible to apply for or receive public funds.

The circuit court in the county where an alleged violation occurs has jurisdiction to enjoin violation of this Act. At the request of the state, the attorney general shall bring an action to enjoin an alleged violation.

Section 19. The department may promulgate regulations and administrative procedures to fulfill the mandates of this Act in accordance with chapter 1-26. The regulations and administrative procedure may include the detailed contents of the application form, the review criteria and procedure including eligibility and procedure for abbreviated reviews, the awarding of conditional certificates, the transferring, extension, and termination of approved certificates, and the awarding, referral, or rejections of certificates of need. "

     A roll call vote was requested and supported.

     The question being on Rep. de Hueck's motion that HB 1233 be further amended.


    And the roll being called:

     Yeas 18, Nays 51, Excused 0, Absent and Not Voting 1

     Yeas were:
Belatti; Broderick; Brosz; Crisp; Cutler; de Hueck; Duniphan; Eccarius; Fiegen; Johnson (Doug); Kazmerzak; Konold; Madden; Matthews; McNenny; Napoli; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

Absent and Not Voting were:
Schaunaman

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

r-1233

Rep. McNenny moved that HB 1233 be further amended as follows:

On page 2 , line 19 of the printed bill , after " years " insert " , or which was licensed as a general hospital for at least five years immediately prior to closure, " .

On page 2, line 20, after "conversion" insert "or closure".

On page 2 , delete lines 21 to 23 , inclusive , and insert:

(2) Licensure of a specialized hospital in a community in which a rural primary hospital was closed. Such specialized hospital may not be licensed for more beds than those licensed immediately prior to when the closed hospital was licensed as a rural primary care hospital; " .

Which motion prevailed and HB 1233 was so amended.

q-1233f

Rep. Madden moved that HB 1233 be further amended as follows:

On page 3 , after line 11 of the printed bill , insert:

" Section 5. After the effective date of this Act, no general hospital may add new or expanded outpatient services to the services it currently provides. "

    A roll call vote was requested and supported.

     The question being on Rep. Madden's motion that HB 1233 be further amended.

     And the roll being called:

     Yeas 22, Nays 47, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Brosz; Brown (Jarvis); Crisp; Cutler; de Hueck; Duniphan; Eccarius; Fiegen; Hassard; Johnson (Doug); Kazmerzak; Konold; Madden; McNenny; Monroe; Munson (Donald); Napoli; Rost; Wick; Windhorst; Speaker Hagg

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Collier; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duxbury; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Jorgensen; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; Moore; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz

Absent and Not Voting were:
Schaunaman

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

q-1233e

Rep. Eccarius moved that HB 1233 be further amended as follows:

On page 3 , after line 11 of the printed bill , insert:

" Section 5. In order for a general hospital to avoid financial detriment to its institution, the hospital shall terminate any outpatient or emergency services that are not independently profitable if similar replacement services are available within the community and are adequate as determined by the Department of Health. Termination of such services does not affect the licensure classification of the hospital. "

    A roll call vote was requested and supported.

     The question being on Rep. Eccarius' motion that HB 1233 be further amended.

     And the roll being called:

     Yeas 13, Nays 55, Excused 1, Absent and Not Voting 1

     Yeas were:
Cutler; de Hueck; Eccarius; Fiegen; Hassard; Konold; Madden; McNenny; Moore; Napoli; Rost; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick

Excused were:
Jaspers

Absent and Not Voting were:
Duxbury

So the motion not having received an affirmative vote of a majority of the members present, the Speaker declared the motion lost.

j-1233a

Rep. de Hueck moved that HB 1233 be further amended as follows:

On page 2 , line 7 of the printed bill , delete " specialized " .

Rep. Hagg requested that Joint Rule 5-17 be invoked on HB 1233.

Which request was supported and HB 1233 with Rep. de Hueck's pending motion to amend was deferred until Thursday, February 20th, the 28th legislative day.

HB 1224 : FOR AN ACT ENTITLED, An Act to revise the tax refund provisions for agricultural facilities and to declare an emergency.

Was read the second time.

f-1224a

Rep. Napoli moved that HB 1224 be amended as follows:

On page 1 , line 6 of the printed bill , delete " agricultural processing " .

On page 1 , line 9 , delete " agricultural processing " .

On page 1 , line 11 , delete " the initial or " and insert " any business engaged primarily in manufacturing or assembly of goods, the wholesale distribution of products for resale, and the processing of raw materials including " .

On page 1 , line 12 , delete " subsequent processing of " .

On page 1 , line 13 , delete " agricultural processing " .

On page 1 , line 15 , delete " agricultural processing " .

On page 2 , line 4 , delete " agricultural " .

On page 2 , line 5 , delete " processing " .

On page 2 , line 13 , delete " agricultural processing " .

On page 2 , line 15 , delete " agricultural processing " .

Rep. Van Gerpen moved that HB 1224 with pending amendment be placed to follow HB 1264 on today's calendar.

Which motion prevailed and HB 1224 was so placed.

Speaker Hagg now presiding.

HB 1199 : FOR AN ACT ENTITLED, An Act to prohibit the location of certain livestock feeding operations over shallow aquifers.

Was read the second time.

f-1199

Rep. Diedrich moved that HB 1199 be amended as follows:

On page 2 of the House Agriculture and Natural Resources committee engrossed bill , after line 4 , insert:

" Section 2. The provisions of this Act do not apply to any county which has officially adopted a comprehensive plan and zoning ordinances pursuant to chapter 11-2. "

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

     The question being on Rep. Diedrich's motion that HB 1199 be amended.

     And the roll being called:

     Yeas 38, Nays 30, Excused 2, Absent and Not Voting 0

     Yeas were:
Belatti; Brown (Jarvis); Crisp; DeMersseman; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Johnson (Doug); Jorgensen; Konold; Koskan; Madden; Matthews; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Putnam; Rost; Schaunaman; Schrempp; Smidt; Sperry; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Apa; Barker; Broderick; Brooks; Brosz; Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Kredit; Lee; Lockner; Lucas; McNenny; Moore; Pummel; Richter; Roe; Sokolow; Van Gerpen

Excused were:
de Hueck; Jaspers

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1199 was so amended.

q-1199

Rep. Gabriel moved that HB 1199 be further amended as follows:

On page 1 , line 5 of the House Agriculture and Natural Resources committee engrossed bill , after " aquifer " insert " unless a groundwater discharge permit has been approved in accordance with chapter 34A-2 " .

Which motion prevailed and HB 1199 was so amended.

t-1199a

Rep. Cutler moved that HB 1199 be further amended as follows:

On page 1 , line 7 of the House Agriculture & Natural Resources committee engrossed bill , delete " less " and insert " more " .

On page 1 , line 12 , delete " less " and insert " more " .

Which motion prevailed and HB 1199 was so amended.

     The question being "Shall HB 1199 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); Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; Monroe; Moore; Munson (Donald); Napoli; 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:
Cerny; DeMersseman; Duenwald; Fiegen; Hassard; Koskan; Madden; McNenny; Rost

Excused were:
de Hueck; Jaspers

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. Cutler announced his intention to reconsider the vote by which HB 1199 was passed.

HB 1240 : FOR AN ACT ENTITLED, An Act to require students of state-supported postsecondary institutions to have health insurance coverage.

Was read the second time.

     The question being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 6, Nays 62, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; Fiegen; Roe; Smidt; Volesky; Windhorst

Nays were:
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; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Speaker Hagg

Excused were:
Jaspers

Absent and Not Voting were:
McNenny

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

HB 1082 : FOR AN ACT ENTITLED, An Act to reduce the voting requirements of the board of adjustment and to increase the minimum number of members appointed to the planning and zoning commission.

Was read the second time.

The question being "Shall HB 1082 pass as amended?"

And the roll being called:

Yeas 67, Nays 2, Excused 1, 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; 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; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Cutler; Roe

Excused were:
Jaspers

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 1246 : FOR AN ACT ENTITLED, An Act to elect trustees to control and manage drainage districts.

Was read the second time.

     The question being "Shall HB 1246 pass as amended?"

     And the roll being called:

     Yeas 62, Nays 5, Excused 1, Absent and Not Voting 2

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Davis; de Hueck; DeMersseman; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; 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; Speaker Hagg

Nays were:
Fiegen; Madden; McNenny; Moore; Windhorst

Excused were:
Jaspers

Absent and Not Voting were:
Cutler; Derby

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

Rep. Gabriel moved that HB 1272, 1045, 1146, 1263, 1196, 1183, 1267, 1264, and 1224 be deferred until Wednesday, February 19th, the 27th legislative day.

Which motion prevailed and the bills were so deferred.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gabriel moved that SB 162, 205, 92, and 150 be deferred until Wednesday, February 19th, the 27th legislative day.

Which motion prevailed and the bills were so deferred.

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

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill 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 1242 which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

j-1242c

On page 1 , line 4 of the printed bill , delete " three " and insert " twelve " .

On page 1 , line 10 , delete " three " and insert " twelve " .

On page 2 , line 1 , delete " is " and insert " it " .

On page 2 , after line 10 , insert:

" Section 6. Any person who receives wine in this state pursuant to the provisions of this Act shall pay an annual fee of thirty dollars to the Department of Revenue. The permit expires on July first. Proceeds from this fee shall be deposited in the general fund. "

And that as so amended said bill do pass.

Respectfully submitted,
Robert A. Roe, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1017 and SB 155 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 141 and 190 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 reconsidered HB 1119 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 HB 1249 and 1268 which were deferred to the 41st legislative day.

Respectfully submitted,
Kay Jorgensen, Chair

Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed, and at 5:53 p.m. the House adjourned.

KAREN GERDES, Chief Clerk